Dr Pradeep Kumar Vs the State of Jharkhand

07 / 08.07.2024 Petitioner has filed this writ application for quashing of the part of the final list of selected candidates contained in Memo No. 5556 dated 01.11.2019 (Annexure-9) for appointment to the post of Librarian at RIMS as the entire appointment process was arbitrary and discriminatory in nature. It has been further prayed to issue necessary direction upon the Respondents to consider the case of the petitioner and issue appointment letter in his favour as he fulfils all the requisite qualification.

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Vide Advertisement No. 955(A) dated 08.03.2019, Rajendra Institute of Medical Sciences, Ranchi issued an Advertisement for appointment on several posts including that of Librarian. Initially, five posts were advertised, but subsequently, corrigendum was issued and Advertisement was modified for appointment of three posts only. Essential qualification as stated in the Advertisement for the post of Librarian was Master Degree / Bachelor Degree in Library Science or Library and Information Service from a recognized University / Institute with at least five years’ experience of Librarian / Assistant Librarian.

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Petitioner had applied for the post of Librarian. After completion of the recruitment process, three persons were appointed on the vacant posts and list of candidates who were unsuccessful were also published and the name of the petitioner is mentioned at serial no. 28 of the list of non-eligible candidates.

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It was submitted that the petitioner holds all the requisite qualification for his appointment to the post of Librarian.

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Attention has been drawn towards Annexure-4 to this writ application which is a certificate issued by the Director, Rajendra Institute of Medical Sciences, Ranchi dated 16.11.2010 certifying that the petitioner was working in Central Library, RIMS, Ranchi since 14.11.2002 and carrying out routine library works in electronic resources / computer section of library.

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It was submitted that the candidature of the petitioner was rejected as he did not have the requisite qualification of Librarian / Assistant Librarian for a period of five years.

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Dr. Ashok Kumar Singh, learned lawyer appearing on behalf of Rajendra Institute of Medical Sciences, Ranchi has submitted that the petitioner did not have the requisite qualification for appointment to the post of Librarian as he was not working as a Librarian at Rajendra Institute of Medical Science, rather he was working as Audio Visual Technician in Library. It was submitted that the work of Audio-Visual Technician is different from that of Librarian or Assistant Librarian. As such, petitioner was not holding requisite qualification. He further submitted that the petitioner was appointed as a Librarian in Rajendra Institute of Medical Sciences by Executive Order dated 4760 dated 29.07.2006 (Annexure-7) on temporary post on monthly payment of Rs. 5,000/but the petitioner had not joined on the said post. It was further submitted that as the petitioner does not have the requisite qualification for the post of Librarian, his candidature was not considered.

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It is the admitted case of the petitioner that he was working as AudioVisual Technician in Library and did not work as a Librarian or Assistant Librarian in the Library of Rajendra Institute of Medical Sciences, Ranchi.

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In view of the aforesaid facts, I am of the view that prima facie, petitioner was not holding requisite qualification for appointment to the post of Librarian in the light of the Advertisement No. 955(A) dated 08.03.2019. Accordingly, this writ application being devoid of merit, is dismissed. Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J)

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Dr Pradeep Kumar v. the State of Jharkhand

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Dr Pradeep Kumar v. the State of Jharkhand

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