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2010 DIGILAW 695 (ORI)

BISWAJIT SENAPATI v. STATE OF ORISSA

2010-10-06

PRADIP MOHANTY, S.K.MISHRA

body2010
JUDGMENT : S.K. Mishra, J. - The Petitioner in Writ Petition No. 8421 of 2009 prays to strike down or modify the qualification prescribed in the advertisement dated 25.5.2009 under Annexure-2 in respect of the post of Laboratory Technician to the extent that the qualification should be Diploma in Medical Laboratory and Technology of two years duration of an AICTE recognized institution. In Writ Petition No. 10259 of 2009, the Petitioner seeks to quash Annexure-9, a letter issued by the Ministry of Health and Family Welfare regarding the qualification of a Laboratory Technician. 2. The essential grievance of the Petitioners in both the writ petitions is that the letter issued by the Ministry of Health and Family Welfare as at Annexure-9 in Writ Petition No. 10259 of 2009 and the advertisement issued by the opposite parties in the Writ Petition No. 8421 of 2009, wherein 115 posts of Laboratory Technicians were to be absorbed are contrary to the Rules provided under the All India Council of Technical Education Act, 1987 and Rules framed there under. 3. The Orissa State Aids Control Society is a Society, which is fully owned and controlled by the State Government has issued the advertisement for appointment of 115 Laboratory Technicians, among other posts. The Petitioner is a Diploma holder in Laboratory Technician from the S.C.B. Medical College, Cuttack. It is also undisputed at the stage that the three Medical Colleges of the State are affiliated to the AICTE as far as the Diploma in Laboratory Technician course is concerned. The Petitioners in both the writ applications apprehended that the opposite parties may ignore them from the course and appoint persons who are not eligible as per the AICTE Rules as Laboratory Technicians and hence, these writ applications have been filed. 4. An advertisement was issued for absorption for 115 posts of Laboratory Technicians among other posts on 25.5.2009 in Oriya daily "Samaj". It appears that the opposite parties have fixed the educational qualification of the Applicants in Row 3 of the Table. From the advertisement it is clear that for Laboratory Technicians, the required qualifications are: (1) Graduate in Medical Laboratory Technology; (2) Diploma in Medical Laboratory Technology of two years duration; (3) Diploma/Certificate course in Medical Laboratory Technology of one year duration along with two years experience in Medical Laboratory; and (4) Graduate in Science with minimum one year experience in Medical Laboratory. These Laboratory Technicians were to undertake among other things HIV testing according to standard laboratory procedure. Since their duties as Laboratory Technicians are very important, the interveners in this case have very strenuously argued that candidates who have obtained diplomas from those institutions which do not have affiliation of the AICTE should not be given any appointment. The case was taken up for hearing on different dates and finally on 10.2.2010, the Assistant Director (Procurement) -cum- Administrative Officer, Orissa State Aids Control Society, Family and Health Welfare Department filed an additional affidavit being duly authorized by the opposite parties 1 to 4. In that affidavit, it is clarified mat as per the modified qualifications prescribed by the National Aids Control Organization, NACO, the Diploma in Medical Educational Technology with the course of at least two years duration made Diploma with duly approved by the AICTE. As far as the further alternative qualification of Graduate in Science with minimum one year experience in a Medical Laboratory is concerned, the additional affidavit reveals mat Graduate in Science with one year experience in Medical Laboratory means that experience obtained by Science Graduate in any Medical Laboratory accredited by National Accreditation Board for testing and calibration laboratories. 5. In course of hearing, learned Advocate General also argued that the recruitment shall not be made violating the norms prescribed by the AICTE and the NACO. In the result we dispose of the writ applications directing the opposite parties to recruit only the Diploma holders in Medical Laboratory Technology on two years duration for institutions which have been affiliated to the AICTE. Similarly, while accepting the application of Graduate in Science, the opposite parties shall scrutinize and only in case the Science Graduates having one year experience in any Medical Laboratory accredited by the National Accreditation Board for posting of the qualified technicians is concerned. It is needless to say that there is no need to change qualification as far as the Graduate in Medical and Technology is concerned, however, the opposite parties shall not recruit any Diploma/Certificate course holder in Medical Laboratory Technology of one year duration along with two years experience in Medical Laboratory. In other words, the advertisement making eligible those candidates having said one year qualification course with two years experience in Medical Laboratory is hereby quashed. The writ petition and the Misc. Cases are accordingly disposed of. In other words, the advertisement making eligible those candidates having said one year qualification course with two years experience in Medical Laboratory is hereby quashed. The writ petition and the Misc. Cases are accordingly disposed of. Pradip Mohanty, J. I agree.