JUDGMENT AND ORDER : KARDAK ETE, J. Heard Mr N K Kalita, learned counsel for the petitioner and also heard Mr D P Borah, learned Standing Counsel, Health Department, for the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to allow him to join in service as Photographer in the Tezpur Medical College and Hospital, Tezpur, in terms of the appointment order dated 25.05.2023, pursuant to the advertisement No. DME/119/2021/Pt-I/22657, dated 01.02.2023, issued by the Director of Medical Education, Government of Assam. 3. The petitioner claims to have passed the HSLC Examination from Kendriya Vidyalaya No. 1, Itanagar, Arunachal Pradesh in the year 1998, and had completed three years diploma course of Photography and Cinematography from the Regional Institute of Printing Technology, Kolkata, under the West Bengal State Council of Technical Education in the year 2004. 4. The Director of Medical Education, Government of Assam, issued an advertisement dated 01.02.2023, inviting online applications for filling up of various posts, including the post of Photographer in the Medical College and Hospitals of the State of Assam. The requisite educational qualification for the post of Photographer was prescribed as HSSLC passed with certificate in Photography from Government recognized institute. Although petitioner did not apply for the post of Photographer initially, as he was only HSLC passed, coming to know that the Government of Assam, vide its Cabinet decision had decided to recognize the three years diploma in Engineering awarded by the State Council of Technical Education as equivalent to Higher Secondary (Science) or Class- XII (Science), he applied for the said post through online by submitting his HSLC Certificate and the three years diploma certificate in Photography and Cinematography. 5. The respondent authorities accepted the application of the petitioner and issued admit card. Accordingly, the petitioner participated in the selection process and was selected for the post of Photographer. Thereafter, consequent to his selection, he was appointed vide an order dated 25.05.2023, as per the recommendation of the Recruitment Board of Health and Family Welfare Department and in pursuance of the Government approval vide Letter No. HLA.511/2021/Pt./79, dated 22.05.2023, as Photographer at Tezpur Medical College and Hospital, Tezpur. Thereafter, consequent to his selection, he was appointed vide an order dated 25.05.2023, as per the recommendation of the Recruitment Board of Health and Family Welfare Department and in pursuance of the Government approval vide Letter No. HLA.511/2021/Pt./79, dated 22.05.2023, as Photographer at Tezpur Medical College and Hospital, Tezpur. Pursuant thereto, the petitioner went to the Tezpur Medical College and Hospital on 05.06.2023, to join, but the authority refused to allow him on the ground that the petitioner does not have a requisite qualification, as he did not have the qualification of HSSLC Examination. Being aggrieved, the petitioner filed a representation before the Director of Medical Education, Assam, which has not been considered and disposed of, as on today. Hence, this writ petition. 6. Mr N K Kalita, learned counsel for the petitioner submits that although the petitioner does not have the qualification of HSSLC passed, he being having the certificate of three years diploma in Photography and Cinematography from the recognized institute, which is treated as equivalent to Class-XII passed or HSSLC Examination passed, and the fact that the application submitted with the HSLC Examination and the three years diploma certificate having been accepted and allowed to participate in the recruitment process, consequent to which, the petitioner was appointed, the action of not allowing the petitioner to join in the post of Photographer is illegal. In support of his submissions, he has placed a copy of the press note issued by the Cabinet Minister, which had informed that the cabinet has decided to give recognition to the three years diploma in Engineering, awarded by the State Council of Technical Education as equivalent to Higher Secondary (Science) or Class-XII (Science). 7. Mr Kalita, learned counsel has also relied on the order passed by the Hon’ble Madras High Court at Madurai Bench in WP(C) (MD) NO. 17420 of 2022 , in the case of H J Shiek Abul Asim Vs. The Registrar-cum- Chairman, The Tamilnadu Dr Ambedkar Law University ; to submit that the three years diploma in Engineering/Polytechnic course issued by an institution recognized by the Government shall be considered at par with +2 certificate. 8. 17420 of 2022 , in the case of H J Shiek Abul Asim Vs. The Registrar-cum- Chairman, The Tamilnadu Dr Ambedkar Law University ; to submit that the three years diploma in Engineering/Polytechnic course issued by an institution recognized by the Government shall be considered at par with +2 certificate. 8. Mr D P Borah, learned Standing Counsel, on the other hand, submits that petitioner is only having HSLC passed certificate with a three years diploma in Photography and Cinematography, whereas the educational qualification required in the advertisement dated 01.02.2023, issued by the respondent authorities for the post of Photographer is HSSLC passed with certificate in Photography from recognized institute. He submits that in view of the clear prescription of required educational qualification, the petitioner is not eligible and has been wrongly selected and appointed. Therefore, since the petitioner is not eligible on having been no required educational qualification of HSSLC in terms of the advertisement dated 01.02.2023, he cannot be allowed to join in the post of Photographer. As such, no relief can be granted to the petitioner. 9. I have considered the submissions advanced by the learned counsel for the parties. 10. The short issue involved in this proceeding is as to whether the petitioner is eligible to be appointed as Photographer in terms of the advertisement dated 01.02.2023, for filling up the post of Photographer in the Medical College and Hospitals of the State of Assam. 11. The advertisement dated 01.02.2023, issued by the Director of Medical Education, Assam, for filling up of the post of Photographer in the Medical Colleges and Hospitals, clearly prescribed the requisite qualification of HSSLC passed with certificate in Photography from recognized institute. Admittedly, petitioner is only HSLC passed with a three years diploma certificate in Photography and Cinematography, which has been obtained from the Regional Institute of Printing Technology, Kolkata. Thus, the petitioner would not be eligible in terms of the aforesaid advertisement. 12. Though the petitioner was not eligible to participate in terms of the aforesaid advertisement for the post of Photographer, the respondent authorities have accepted the application form of the petitioner, wherein he had clearly submitted his HSLC certificate with three years diploma certificate in Photography and Cinematography from a recognized institute, and thereby allowed the petitioner to participate in the selection process. 13. 13. The respondent authorities on being selected, appointed the petitioner on the recommendation of the recruitment board of Health and Family Welfare Department as Photographer in the Tezpur Medical College and Hospital, Tezpur, for which no fault can be ordinarily attributable to the petitioner. However, facts remain that the requisite educational qualification is HSSLC with certificate in Photography from recognized institute. 14. Perusal of the appointment order dated 25.05.2023, by which the petitioner along with two other persons were appointed as Photographer in three different medical colleges and hospitals, provided with terms and conditions, one of which shows that the services of any selected candidate found to have been furnished false/falsified information, regarding educational qualification etc. in his/her application is detected subsequently, will be terminated and legal action will also be taken as per law. 15. The petitioner, on being appointed, claims to have made an attempt to join at Tezpur Medical College and Hospital, Tezpur, wherein the respondent authorities did not allow him to join, on the ground that the petitioner does not have requisite qualification. It is noted that no formal order has been issued by the respondent authorities for not allowing him to join, which, in my considered view, the respondent authorities ought to have passed appropriate order in not allowing the petitioner with reasons as the petitioner may not have educational qualification as required in the advertisement, he having been allowed to participate in the selection process, consequent to which, the appointment order was also issued, appointing him as Photographer. It is also on record that the petitioner has also submitted representation before the Director of Medical Education, Government of Assam on 07.06.2023, which has been duly received by the office of the Director of Medical Education and is yet to be considered and disposed of. 16. Ordinarily, even if a person is selected and appointed to a post, if the appointee does not have the eligibility and requisite educational qualification, although in pursuance to the selection process, same cannot be accepted as the requisite qualification, is the essence of the post. In the present case, admittedly, the petitioner does not have the basic educational qualification of HSSLC, except the certificate in Photography from a recognized institute, he would not be eligible to participate, much less the selection and appointment. 17. In the present case, admittedly, the petitioner does not have the basic educational qualification of HSSLC, except the certificate in Photography from a recognized institute, he would not be eligible to participate, much less the selection and appointment. 17. Having considered that the petitioner was not eligible to participate in the recruitment process for the post of Photographer as he does not have the basic educational qualification of HSSLC, except the certificate in Photography, the petitioner, in my considered view, would not be eligible to participate in the recruitment process for the post of Photographer, in terms of the advertisement dated 01.02.2023. However, he having been appointed, the respondent authorities are bound to take up the representation of the petitioner and pass appropriate order. 18. The press note issued by the Cabinet Minister, which the learned counsel for the petitioner has relied upon, cannot be taken judicial notice as, the same is simply a press brief to the media, that too, informing that the Cabinet in its meeting has decided to give recognition to the three years Diploma in Engineering awarded by the State Council of Technical Education, as equivalent to Higher Secondary (Science) or Class-XII (Science). Therefore, such press briefing by the Cabinet Minister, cannot be relied and is inconsequential. 19. Regard being had to the order passed by the Hon’ble Madras High Court in the case of H J Shiek Abul Asim (supra) , it is seen that the issue in that case was with regard to eligibility to apply for three year LLB course in the concerned university. The petitioner in that case had completed his Class-X standard and joined diploma in mechanical engineering and obtained B.E. Degree through lateral entry. When he th wanted to join Law and he having not been passed the 12 Standard, he was not allowed to join the Law Degree course. In that case, the Bar Council of India, by its legal education committee, had resolved that three years diploma/polytechnic course issued by an institution recognized by the Government shall be considered at par with +2 certificate, for the purpose of equivalence for admission for the five year LLB degree course. In that case, the Bar Council of India, by its legal education committee, had resolved that three years diploma/polytechnic course issued by an institution recognized by the Government shall be considered at par with +2 certificate, for the purpose of equivalence for admission for the five year LLB degree course. In that context, and having been considered that the position has been clarified by the Bar Council of India, the Court has observed that the petitioner is now eligible for the three year LLB Course and directed the respondent University to consider the case of the petitioner in terms of the decision taken by the Bar Council of India. Thus, the case relied by the learned counsel for the petitioner is not relevant at all, and as such, same is not applicable. 20. Coming back to the present case, as noted above, the petitioner although not eligible to participate in the recruitment process for the post of Photographer, in terms of the advertisement dated 01.02.2023, he having been allowed to participate after acceptance of his application form, and consequently, selected and appointed vide order dated 25.05.2023, for the post of Photographer in the Tezpur Medical College and Hospital, Tezpur, the respondent authorities are duty bound to pass appropriate order on the representation of the petitioner, which is stated to be not considered and disposed of, as yet. Therefore, I am of the considered view that the respondent authorities are deserved to be directed to consider and dispose of the representation of the petitioner. 21. Accordingly, the respondent authorities are directed to consider and dispose of the representation of the petitioner by a speaking order, within a period of 30 (thirty) days from today, and same shall be communicated to the petitioner within 10 (ten) days thereafter. 22. It is made clear that the observation made herein above, with regard to the educational qualification is strictly in terms of the prescription made in the advertisement dated 01.02.2023. The respondents would not be precluded from consideration with regard to the three years diploma certificate, and its equivalence to HSSLC Examination or Class-XII passed, in accordance with law. 23. Writ petition stands disposed of in terms above. Costs made easy.