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Madhya Pradesh High Court · body

2005 DIGILAW 205 (MP)

Rajendra Singh v. State of M. P.

2005-02-09

N.K.MODY

body2005
JUDGMENT Short facts of the case are that the respondent No.2 published an advertisement in the newspaper Nav Bharar dated 2.10.2002 wherein applications were invited for the five posts of Senior Treatment Supervisor out of which three posts were reserved for Scheduled Tribe, one post for Scheduled Caste and one post for Other Backward Classes. In the present case, the dispute is related to Other Backward Classes. Hence, this present petition has been filed. Submission of the learned counsel for the petitioner is that the petitioner is Science Graduate (B.Sc.), Post Graduate in Sociology (M.A.) and also possesses two years training as Sanitary Inspector being qualified for the said post. The case of the petitioner has not been considered and the respondent No.5 has been appointed as Senior Treatment Supervisor while he is less qualified. As per the advertisement, the requirement for the post of Senior Treatment Supervisor was Higher Secondary (10+2), Bachelor degree in Science or Arts. driving license of two wheelers. Apart from this, technical qualifications were required which are as under: Tuberculosis Health Visitor's recognized course and two years of work experience in the related field. OR Government recognized degree/diploma in Social Work or Medical Social Work with two years' experience in the related field. OR Successful completion of basic training course (Government recognized) for Multi purpose Health Workers or recognized Sanitary Inspectors Course with two years of field experience in the related field, AND Good communication skills in local language and willing to travel in the area of work. The reply has been submitted by the respondents No.1 to 4 wherein it is alleged that the post for which the applications were invited was contractual and the contract was for a period of one year. A committee of four Doctors alongwith the Chief Executive Officer examined and interviewed the candidates having specified qualification. The committee awarded numbers to interviewing the candidates. The respondent No.5 having all the specified qualifications was awarded better marks than the petitioner and was selected. It is also submitted that petitioner was not having the technical qualification, i.e., training of TB Health Visitor by authorized institute with two years' experience. So far as the qualification is concerned, the respondent No.5 has completed B. Pharma degree and is also possessing the technical qualifications. It is also submitted that petitioner was not having the technical qualification, i.e., training of TB Health Visitor by authorized institute with two years' experience. So far as the qualification is concerned, the respondent No.5 has completed B. Pharma degree and is also possessing the technical qualifications. The learned counsel for the petitioner submits that so far as technical qualification is concerned, the petitioner has submitted the certificate of Sanitary Inspector Diploma and it was not necessary for any candidate to have all the technical qualifications as mentioned in the advertisement. Since the petitioner is having the diploma in Sanitary Inspector, therefore, the petitioner was eligible for the post. Learned counsel for the petitioner placed reliance on the decision reported in AIR 1981 (J&K) 27 [Mohd. Maqbool v. Chairman, District Recruitment Board] wherein it was held that where a candidate who fulfilled the educational qualification requirement prescribed in the advertisement notice for post of a teacher in the Educational Department was not selected for the post whereas a candidate who did not fulfil the said requirement was selected for the post, the selection of the candidate was vitiated on ground of being discriminatory when there was no provision for relaxation of qualification in advertisement notice. Learned Panel Lawyer for respondents No.1 to 4 placed reliance on the decision reported in (1996) 6 SCC 282 , [Secretary (Health), Department of Health and Family Welfare v. Dr. Anita Puri] wherein it was held that in absence of a statutory rule or guidelines issued by the Government for the purpose of valuation of merit of the candidates when the Public Service Commission is required to select some candidates out of a number of applicants for cel1ain posts, the sole authority and discretion is vested with the Commission. The Commission is required to evolve the relative fitness and merit of the candidate and then select candidates in accordance with such evaluation. If for that purpose the Commission prescribes marks for different facets and then evaluates the merit, the process of evaluation cannot be considered to be arbitrary unless marks allotted for a particular facet is on the face of it excessive. Weight age to be given to different facets of a candidate as well as to the viva voce varying from service to service depending upon the requirement of the service itself. Weight age to be given to different facets of a candidate as well as to the viva voce varying from service to service depending upon the requirement of the service itself. It is too well settled that when a selection is made by an expert body like the Public Service Commission which is also advised by experts having technical experience and high academic qualification in the field for which the selection is to be made, the Courts should be slow to interfere with the opinion expressed by experts unless allegations of mala fide are made and established. In view of the facts and circumstances of the case, since the vacancy was for the post of Senior Treatment Supervisor and one of the important technical qualification was TB Health Visitor by recognized institute with two years' experience which was being possessed by the respondent No. 5 and the selection has been done by a committee of 5 members, of doctors. In view of the fact, no illegality has been committed in selecting the respondent No.5 for the post of Senior Treatment Supervisor. With the aforesaid observations, this petition stands dismissed. No order as to costs.