SARLA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was a candidate for selection to the post of Medical Laboratory Technician Grade-2 advertised to be filled up in various Health Institutions in the State of Punjab, has filed the present writ petition with a grievance that her candidature has been rejected on the ground that she is not eligible for the reason that she has not passed Senior Secondary Part-II (equivalent to +2), though she possesses the Diploma in Medical Lab Technology and further she is even having the qualification of B.Sc. in Medical Laboratory Technology, which is a higher than diploma. Learned counsel for the petitioner submitted that the petitioner after passing her Matriculation examination in the year 2003 got admission in Diploma in Medical Laboratory Technology in Saint Kabir Polytechnic College, Fazilka, District Ferozepur, an institute recognized by Punjab State Board of Technical Education & Industrial Training. The basic qualification required for admission to the diploma in Medical Lab Technology is Matriculation as is evident from a notification dated 7.3.2001 issued by the Government of Punjab, Department of Technical Education and Industrial Training. Further as the qualification required for the post of Medical Laboratory Technician Grade-2 in the advertisement was Senior Secondary Part-II Examination with Science or its equivalent from a recognized university or institution and diploma in Medical Laboratory Technology from recognized university or institution, the petitioner was declared ineligible. In fact, there was anomaly for the reason that once the basic requirement for admission to Diploma in Medical Laboratory Technology is matriculation, all the candidates having that diploma will be matriculate and will not be having the qualification of Senior Secondary Part-II (equivalent to +2). Hence, the rejection of claim of the petitioner for appointment on that ground is erroneous.

(2.) Another submission made by learned counsel for the petitioner is that after passing her diploma examination, the petitioner got admission in B.Sc. in Medical Laboratory Technology in G.S.I.S.T., Garhshankar, District Hoshiarpur, affiliated to Punjab Technical University, which was passed by her and a degree was awarded on 26.2.2011. As the qualification of the petitioner was more than what was required for the post otherwise also the petitioner was required to be considered. In support of the submissions, reliance was made to a judgment of Full Bench of this court in Manjit Singh v. State of Punjab and others, 2010 3 SCT 703 and C.W.P. No. 20317 of 2011 Puneet Sharma v. Punjab State Agricultural Marketing Board and another, decided on 8.1.2013.

(3.) Learned counsel for the petitioner further submitted that at the time of issuance of notice of motion on 23.9.2011, this court directed that candidature of the petitioner be considered provisionally and the same shall not be rejected for want of minimum qualification. The petitioner was at Sr. No. 152 in the merit list in the written test against 390 posts advertised. She otherwise belongs to backward class category.