CHHOTU KUMAR AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners herein have challenged the order dated 15.02.2017, whereby and where under their appointments made on the post of Medical Lab Technician (MLT) has been terminated. It has been further prayed for reinstating the petitioners herein and for payment of consequential benefits.

(2.) The short facts of the case are that the Health Department, Government of Bihar came up with memo dated 07.02.2008, whereby it was decided to publish advertisement for appointment of 680 Medical Lab Technicians (MLT). The educational qualification prescribed was Intermediate in Science or equivalent qualification and possessing Diploma in M.L.T. from a Government or recognized institution. The last date of submission of application was 14.09.2008. The petitioners are said to have passed Intermediate in Science subject from Bihar School Examination Board and have passed the Lab Technician course from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed University). The petitioner had then appeared in the written test on 22.02.2009 and result was published on 18.08.2009 wherein, the petitioners were shown as the successful candidates. The petitioners had then received individual call letters for appearing in the interview and for verification of documents. After the petitioners were ultimately declared successful and their documents had been verified, the petitioners were directed to submit their joining before the Civil Surgeon, Bhagalpur by a letter dated 16.08.2010. It may be pointed out that the respondents had taken undertaking regarding their appointment being subject to verification of institutions from where, they had obtained the requisite educational qualifications. It is the further case of the petitioners herein that the appointment of the petitioners was also confirmed by the letter of the Directorate, Health Services, Bihar, Patna dated 10.12.2010. However, suddenly, by an order dated 15.02.2017, the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur was directed to relieve all the petitioners from work till their training certificate pertaining to the Lab Technical Course obtained from Distant Education, is verified.

(3.) The learned counsel for the petitioners has submitted that the respondents cannot adopt two standards inasmuch as while the candidates appointed on the post of M.L.T. through the concerned selection process have been continuing in their employment and working till date as well as are getting salary regularly, however the petitioners herein have been relieved from their services. It is further submitted that the case of the petitioners herein is similar to that of Pawan Kumar and Awadhesh Kumar, both of whom had obtained degrees/ education from Janardan Rai Nagar Rajasthan Vidyapeeth through distant mode and in whose case, this Hon'ble Court by a judgment dated 20.05.2016 passed in CWJC no. 20837 of 2014, Ed. - Reported in 2016(4) PLJR 448, has held that the services of such petitioners cannot be terminated on the sole ground that they had completed their courses from the Distant Education and in such view of the matter, the order of termination/ relieving was set aside and it was directed to reinstate the petitioners with full back wages.