MD. FAKHIR USMANI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The contest in this writ petition is whether the qualification obtained by the petitioner i.e. Diploma in Operation Theatre Management is equivalent to the qualification so required in the advertisement which prescribes that the candidates applying for the post of Operation Theatre Assistant be possessed with a Diploma in Operation Theatre Assistant.

(2.) It is not in dispute that the petitioner has obtained a Diploma in Operation Theatre Management from Aligarh Muslim University. It is also not in dispute that Operation Theatre Management is a professional course. The dispute is that neither the State in its Health department recognizes the qualification nor does it treat it as equivalent to Diploma in Operation Theatre Assistant.

(3.) Although Mr. Shahnawaz Ali, learned counsel appearing for the petitioner endeavours hard to contest the stand taken by the respondent-State as well as the Commission but in view of the position settled by a Division Bench of this Court in the judgment reported in 2008 (1) PLJR 583 (Dhirendra Kumar Singh v. The State of Bihar ) more particularly paragraph 7, the attempt would be futile for the issue of equivalence entirely lies within the domain of the employer and it is not for the Courts to give advice thereon. For the sake of convenience the opinion expressed by the Division Bench in paragraph 7 of the judgment rendered in the case of Dhirendra Kumar Singh (supra), is reproduced hereinbelow: