ORDER : Muzaffar Hussain Attar, J. 1. The petitioners have called in question selection of private respondents on the post of Junior Physiotherapist under Open Merit Category. 2. The Selection Authority initiated selection process for filling up of various posts which include posts of Junior Physiotherapists in Health and Medical Education Department, in terms of Advertisement Notice No. 03 of 2012 dated 28th December, 2012, which, inter-alia, is challenged on the ground that in the Notification the prescribed qualification is 10+2 with diploma in physiotherapy from any recognized Institute and that the private respondents being degree holders were not eligible for being considered for being selected/appointed on the posts of Junior Physiotherapists. 3. The petitioners have not placed on record the complete set of Advertisement Notification. 4. Mr. Lone learned counsel for the private respondents produced copy of relevant page of Newspaper, in which, the aforesaid Notification is published. In the said Notification, condition-12 provided that prescribed qualification reflects the bare minimum requirement of the job. The document is taken on record. 5. In the rejoinder affidavit, at page-6 (I), the petitioners have admitted that the Bachelor of Physiotherapist qualification is higher qualification in the field for the post in question. It has been, however, simultaneously submitted that same is not prescribed in the Advertisement Notice. 6. Learned counsel for the petitioners argued at great length. He was at pains to explain that the qualification in the Notification is only 10+2 with diploma and not the qualification of Bachelor of Physiotherapist. Learned counsel, while referring to rejoinder affidavit, submitted that Junior Physiotherapist and Physiotherapist are two different posts. The duties and functions to be performed by the Junior Physiotherapist and Physiotherapist are different and it is for this reason that the post of Junior Physiotherapist is to be filled by restricting zone of consideration to those candidates who possess 10+2 with diploma qualification and post of Physiotherapist is to be filled up by those persons who are possessed of degree certificates. Learned counsel in support of his contention referred to and relied upon the Judgment of Hon'ble the Supreme Court in case titled Yogesh Kumar and Ors. vs. Govt., of NCT Delhi and Ors., reported in (2003) 3 SCC 548 as also Judgment of Hon'ble the Supreme Court passed in Civil Appeal Nos' 7983-7986 of 2009 titled State of Punjab and Ors.
vs. Govt., of NCT Delhi and Ors., reported in (2003) 3 SCC 548 as also Judgment of Hon'ble the Supreme Court passed in Civil Appeal Nos' 7983-7986 of 2009 titled State of Punjab and Ors. (Appellants) vs. Anita and Ors., (Respondents), which Judgment is based on the aforesaid Judgment of Hon'ble Supreme Court. 7. Perusal of the aforesaid Judgment would show that for the post of JBT teachers, the qualification prescribed by the statutory rules was Matric with two years course in JBT training and knowledge of Punjabi and Hindi. In that case the candidates possessed of B.Ed, degrees were selected. Stand was taken on behalf of selected B.Ed candidates that it is higher qualification to that of JBT/ETT qualification. This contention was not accepted by Hon'ble the Supreme Court and it was observed "We find absolutely no force in the argument advanced by the respondents that Bed qualification is higher qualification than TTC and therefore, the B.Ed candidates should held to be eligible to compete for the post". It has been further observed in the said judgment that "whether for a particular post, the source of recruitment should be from the candidates with TTC qualification or B.Ed qualification is a matter of recruitment policy. We find sufficient logic and justification in the State prescribing qualification for the post of primary teachers as only TTC and not B. Ed. 8. The argument of the learned counsel for the petitioners in view of the fact situation appearing in this case and in view of the Judgments on which he placed reliance cannot be accepted for the following reasons:- a. In the Advertisement Notification, prescribed qualification in terms of Clause-12 therein is the bare minimum requirement qualification for the post. b. The Advertisement Notification did not thus restrict the eligibility qualification to 10+2 with diploma alone. The higher qualification was thus the prescribed qualification also. c. As already stated the petitioners in the rejoinder affidavit have themselves admitted that the degrees courses undertaken by the private respondents are a higher qualification to that of diploma. d. The private respondents thus are held to be eligible candidates for seeking consideration for being selected/appointed on the posts of Junior Physiotherapists. Even otherwise the Government Order No. 613-HME of 2011 dated 23rd November, 2011 has prescribed the minimum qualification for the post of Junior Physiotherapist 10+2 with diploma in Physiotherapy from recognized Institute.
d. The private respondents thus are held to be eligible candidates for seeking consideration for being selected/appointed on the posts of Junior Physiotherapists. Even otherwise the Government Order No. 613-HME of 2011 dated 23rd November, 2011 has prescribed the minimum qualification for the post of Junior Physiotherapist 10+2 with diploma in Physiotherapy from recognized Institute. Copy of Government order is taken on record. Prescription of minimum qualification includes higher qualification in same field as well. 9. For the above stated reason this writ petition being meritless is accordingly dismissed along with connected CMPs. Interim direction shall stand vacated. Petition Dismissed