Pravin Prakash Karnewar v. State of Maharashtra, through its Secretary
2012-07-06
B.P.DHARMADHIKARI, SUNIL P.DESHMUKH
body2012
DigiLaw.ai
Judgment : B.P. Dharmadhikari, J 1. Heard finally, by making rule returnable forthwith. 2. Short submission of Mr. Talekar is, the provision for direct recruitment to the post of Health Supervisor made in Appedix VA at serial No. 1 in the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1961 (hereinafter, referred to as “the recruitment rules”) restricting entitlement to holders of degree in science (B.Sc.) of recognized University, should not be construed narrowly to deny consideration of better qualified candidates, like the present petitioner who is holding B.A.M.S. Degree. He contends that looking to the nature of duties which a Health Supervisor has to perform, persons holding degrees like BAMS, MBBS, BDS, BHMS, BUMS etc. are more suitable and hence, persons holding those qualifications should not be deprived from becoming health supervisors. He has relied on a judgment of Division Bench of this Court dated 6.7.2007 in Writ Petition No. 5251 of 2006 delivered at Aurangabad Bench, to submit that there, when for the post of Agricultural Supervisor requisite qualification was B. Sc. (Agriculture), this Court has permitted candidates possessing B.Tech degree to participate in selection process. 3. Learned Additional Govt. Pleader Mr. Chaudhary strongly opposes the petition. He contends, a particular qualification has been prescribed by competent authority in accordance with law and that qualification is not perverse, any modification therein by this court in exercise of its extra ordinary jurisdiction is not permissible. He further contends that this court cannot add to the qualification prescribed and declare holder of any other qualification to be eligible as that will be interfering in the policy decision or making a policy itself. 4. After hearing respective Counsel, we find that the Health Supervisor is concerned with health of human beings and other conditions having bearing on it, mostly in rural areas. In this situation, it is obvious that qualification such as degree of B.A.M.S. possessed by petitioner from a recognized University is more suitable for the said post. 5. The degree of B.Sc. is obtained after completion of three years after 12th standard, whereas degree of B.A.M.S. Can be obtained after prosecuting studies for 4-1/2 years after 12th standard. After that course, there is internship of one year. Thus, the prescription of B.Sc. as qualification in clause (1) (b) (ii) at serial No. 1 in the appendix to the recruitment rules appears to be only illustrative. Therefore, contention of learned Addtl.
After that course, there is internship of one year. Thus, the prescription of B.Sc. as qualification in clause (1) (b) (ii) at serial No. 1 in the appendix to the recruitment rules appears to be only illustrative. Therefore, contention of learned Addtl. Govt. Pleader that the rule making authority has selected only candidates holding degree of B.Sc. Is incorrect and that entry cannot be construed to mean that other candidates having a smilar or better qualification cannot be considered. 6. In the judgment dated 6.7.2007 referred to above, this court has taken a similar view insofar as B.Tech (Agricultural Engineering) qualification possessed by petitioner therein is concerned. Same rtio holds good even in the present matter. 7. As we have found that the rules do not exclude the petitioner from competing with others for the post of Health Supervisor in open recruitment process because of his qualification as B.A.MS., it is not necessary to hold that qualification fo B.Sc., prescribed therein is violative of Article 14 of the Constitution of India, or then to quash and set aside the rule. 8. We declare that present petitioner with qualification of B.A.M.S., from recognized University, is also entitled to be considered as eligible for competing for direct recruitment to the post of Health Supervisor in accordance with aforesaid recruitment rules. 9. Petition is thus partly allowed and disposed of. Rule made absolute, accordingly. No costs.