MS. ROZY Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has questioned the validity of the orders dated 6.12.2011, 25.8.2011 and 27.2.2012 vide Annexure P-7, P-9 and P-10, respectively and she has sought for directions to the respondents to reinstate her into service with continuity of service and full back wages etc.

(2.) The respondents have advertised for the post of Lab Technician and other posts on 8.5.2011. The petitioner is one of the candidate for recruitment to the post of Lab Technician. The petitioner has the qualification of B.Sc. (MLT). She was selected and appointed to the post of Lab Technician on 20.5.2011. Thereafter, the respondents noticed that the petitioner does not fulfil the requisite qualification prescribed for the Lab Technician. Consequently, show cause notice was issued to the petitioner on 5.10.2011. Petitioner submitted her reply to the show cause notice on 10.10.2011. Thereafter, petitioner's services have been dispensed on 6.12011. Thus, the petitioner is before this Court.

(3.) Learned counsel for the petitioner submitted that the petitioner had the qualification of B.Sc. (MLT) which is higher than the prescribed qualification for the post of Lab Technician, namely, Diploma in Medical Laboratory Technology (for short 'DMLT') from the Institute recognised by Government of Haryana. Further it was submitted that the petitioner had the Diploma in Medical Laboratory Technology (for short 'MLT') from the Institute of Para Medical Laboratory Technology, Pahari Chatterpur, New Delhi. Thus, the reasons for cancellation of petitioner's appointment or dispensing her services is without application of mind. It was further submitted that the petitioner had the higher qualification of B.Sc. (MLT) than the prescribed qualification of DMLT for the post of Lab Technician, therefore, dispensing the petitioner's services on the ground that she does not fulfil the qualification prescribed for the Lab Technician is incorrect. In support of the petitioner's claim, learned counsel has relied on two decisions of this Court passed in CWP No.18597 of 2009 (Vinod Kumar and others Vs. State of Haryana and others) disposed of on 20.4.2012 and reported decision reported in 2007(3) RSJ 502 (Sham Singh and others Vs. State of Haryana) decided on 01.02007. The said decisions were cited to contend that higher qualification could be taken into consideration for the purpose of selection and appointment to any post.