SURINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS bunch of Writ Petitions is being decided by way of a common judgement since common questions of law and facts are involved in these cases.

(2.) A number of posts of Pharmacist (Allopathy) exist in the department of Health and Family Welfare in the State of Himachal Pradesh. These posts are filled up in accordance with the Himachal Pradesh Department of Health and Family Welfare, Pharmacist, Class -III (Non -Gazetted) Recruitment and Promotion Rules. Prior to the year 2001, the essential educational qualifications for filling up these posts were that the candidate was required to be a matriculate and should have obtained a diploma in Pharmacy. Vide notification dated 12th September, 2001 fresh Rules were notified and as per these rules the essential educational qualifications was changed to : -

(3.) ON 30th June, 2006 a fresh advertisement was issued by the Health Department for filling up 71 posts of Pharmacists. In this advertisement one of the essential qualifications mentioned was 10+2 in science or its equivalent. One, Sudesh Kumar, who was only a matriculate and had not completed 10+2 approached the erstwhile H.P.State Administrative Tribunal by filing an original application in which it was prayed that the Employment Exchange in question be directed to sponsor his name. His main grievance was that since he was entitled to be appointed as Pharmacist under the old rules, the amendment could not have been made to his detriment. The application was rejected by the learned Tribunal. Aggrieved by the said order, he approached this Court by filing the CWP No. 231 of 2006 titled as Sudesh Kumar vs. State of H.P. and others. This petition was rejected by this Court holding that essential educational qualifications as applicable in the year 2006 will have to be complied with.