ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Since, both the afore writ petitions encapsulate similar subject matters, and, also since common question of facts, and, law are involved in all the afore writ petitions, thereupon, they are amenable for a common verdict being made thereon.

(2.) In pursuance to advertisement notice, borne in Annexure P-1, the writ petitioners applied for the advertised post of Male Multipurpose Health Workers. The appointments to the afore advertised post, was published to be made on a contractual basis. The petitioners applied for the afore post. In contemporaneity to the issuance of the afore advertisement notice, the R & P Rules appended as Annexure R-1, were both in vogue, and, obviously held their clout. Furthermore, the minimum educational, and, other qualifications required to be possessed by the aspirants concerned, stand detailed therein, in the manner extracted hereinafter:-

(3.) Be that as it may, the respondents through theirs making a reply to the writ petition(s), contested the eligibility of the writ petitioner to apply against the advertised post concerned, inasmuch, as, theirs not satisfying the second imperative condition, and, as becomes grooved in the factum of theirs not possessing, the certificates reflecting that they had completed one and half years training as MPW(M), from an institution recognized by the State Government. The respondents, as, reflected by Annexure R-6, and, by Annexure R7, are rather, in the process of making amendments appertaining to the educational qualification, as, are deemed imperative or essential, to be possessed by the aspirants concerned, to the post of MPW(M). The proposed Rules in substitution of the earlier Rules, are cast, in a phraseology, hence enjoining, upon the aspirants concerned to complete one and half years course, as MPW(M), and, also cast a further necessity of theirs being registered with Para Medical Council of Himachal Pradesh. The proposed amendments, obviously, do not acquire the force of statutory Rules nor the proposed amendments, for want of theirs receiving the assent of the Governor, can be construable to validly substitute or amend the earlier Rule, as pointedly applicable in contemporaneity to the advertised posts falling vacant, wherein, a stipulation, exists that the aspirants concerned, are required to possess a training certificate, reflecting that they had undergone training for one and half year as MPW(M), from a recognized institution "of the State Government". Succinctly, the apposite unsubstituted provision, is, hence also for want of its being amended in accordance with law, is, for the reasons aforestated, the relevant norm for adjudging the suitability or otherwise of the petitioner or for adjudging whether they had fulfilled or satiated, the imperative condition (supra). Necessarily, and, for reiteration, the afore unsubstituted Rule, did alone held sway, and, clout, as, it was in force or in vogue, emphassisingly, at the time of issuance of advertisement notice.