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2014 DIGILAW 1925 (HP)

Jyoti Gautam v. State of Himachal Pradesh

2014-12-16

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2014
JUDGMENT : Mansoor Ahmad Mir, J. 1. Challenge in this Letters Patent Appeal is to the judgment and order, dated 17th June, 2013, passed by a learned Single Judge of this Court, in CWP No.8917 of 2012, titled Jyoti Gautam vs. State of H.P. and others, whereby the writ petition of the appellant/writ petitioner came to be dismissed, (for short, the impugned judgment). 2. Facts of the case, in brief, are that the respondents issued advertisement notice, dated 3rd June, 2011, whereby applications were invited for filling up the posts of Physiotherapist on contract basis through Rogi Kalyan Samiti. The qualification prescribed was 10+2 with Medical Science or its equivalent from a recognized University/Board and diploma in Physiotherapy from an institute, duly recognized by the Central/State Government. Candidates, including the writ petitioner applied and the selection process was taken to its logical end. However, the petitioner was not offered appointment on the ground that the veracity of her certificates was to be verified. 3. Admittedly, the petitioner had obtained the diploma in Physiotherapy from Allahabad Agricultural Institute (Deemed University), which was recognized in terms of Annexure P-15 upto the year 2005 and thereafter provisional recognition was granted for the academic year 2007-08. The petitioner appeared in the said examination during the academic session 2005-06 and 2006-07. The petitioner has not placed any document on record supporting her claim that the recognition was granted by Indira Gandhi National Open University to the said Institute for the session 2005-06 and 2006-07. 4. It is also moot question whether course in Physiotherapy can be gone through by distant mode, which, of course, is a para medical course and technical one. 5. The Apex Court in Annamalai University represented by Registrar vs. Secretary to Government, Information and Tourism Department and others, (2009) 4 SCC 590 , has dilated on the issue, which decision has been discussed in paragraph 12 of the impugned judgment. 6. The course in Physiotherapy is a technical one and such a course cannot be undergone by the distant mode. 7. This Court in CWP No.1771 of 2012, decided on 31st December, 2012, has taken the similar view. 8. The Writ Court has gone into all these aspects, including the judgments made by this Court and by the Apex Court, in paragraphs 11 and 12 of the impugned judgment and has rightly dismissed the writ petition. 9. 7. This Court in CWP No.1771 of 2012, decided on 31st December, 2012, has taken the similar view. 8. The Writ Court has gone into all these aspects, including the judgments made by this Court and by the Apex Court, in paragraphs 11 and 12 of the impugned judgment and has rightly dismissed the writ petition. 9. Having said so, no case for interference is made out. Accordingly, the appeal is dismissed and the impugned judgment is upheld. 10. Pending CMPs, if any, also stand disposed of.