Disposed

Sudhir Kumar v. The State Of Bihar and Ors.

Patna HC9 Jul 2019CWJC/12508/2016

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging rejection from a recruitment post for Medical Laboratory Technician due to qualification discrepancy regarding one-year training versus diploma. The court granted liberty to approach higher authorities if the petitioner's name is excluded from the fresh interview list.

What did the court decide?

Liberty granted to approach the appropriate authority if the petitioner's name does not appear in the second list.

Sudhir Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12508 of 2016

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Sudhir Kumar Son of Sri Parmeshwar Singh resident of Village - Chhoti Rukanpura, Post B.V. College, P.S. - Hawai Adda, District - Patna , Bihar - 800014.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

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The Director-in-Chief, Health Services, Govt. of Bihar, Patna.

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The Secretary, Bihar Staff Selection Commission, Patna - 800014.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kr. Shrivastava, Adv. For the State : Mr. Rajeev Ranjan, Adv. For the SSC : Mr. Iti Suman, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT

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Date : 09-07-2019

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Heard learned counsel for the parties.

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This matter relates to the recruitment of paramedical staffs i.e. Medical Laboratory Technician.

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As per advertisement, the requisite qualification is prescribed, the person must have an Intermediate Degree with Science (Biology) and also have a qualification of Diploma.

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Learned counsel for the petitioner submits that the petitioner has a qualification of Intermediate with Biology but, he has a qualification of one year training in the Medical Laboratory Technology (MLT) and, as such, the same is equivalent to the Diploma in Medical Laboratory Technology (DMLT).

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Patna High Court CWJC No.12508 of 2016 dt.09-07-2019 2/3

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The petitioner along with others have applied to the said post but, on account of the fact that the qualification has been mentioned as I.Sc. (Biology) with Diploma which the petitioner does not have such qualification and, on that account, he was not called for the interview.

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Objections were raised by different persons and claiming that one year training of Medical Laboratory Technician is equivalent to DMLT for the post of Medical Lab Technician.

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Learned counsel for the petitioner has drawn attention of this Court towards letter of the Special Executive Officer addressed to the Secretary, Staff Selection Commission, Patna dated 28.7.2016 wherein it has been mentioned that the persons having I.Sc. as also having experience of one year MLT (Medical Laboratory Technology) Course from a recognized Laboratory, the same will be treated to be equivalent to the DMLT (Diploma in Medical Laboratory Technology) and they should be considered for the said post.

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Learned counsel for the State has submitted that on receipt of different objections, the State Selection Commission is considering the applications, there is every probability that they will issue a fresh list for calling the persons for interview and, if the petitioner does have such qualification, in that circumstances,

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Patna High Court CWJC No.12508 of 2016 dt.09-07-2019 3/3

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his case will also be considered and the Commission will take a decision in accordance with law.

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Learned counsel for the petitioner submits that if the name of the petitioner would not appear in the second list, he may be given liberty to approach to the appropriate authority.

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Liberty is granted.

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This writ application is, accordingly, disposed of.

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(Shivaji Pandey, J)

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rishi/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.07.2019
Transmission Date

Sudhir Kumar v. The State Of Bihar and Ors.

Case brief

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Sudhir Kumar v. The State Of Bihar and Ors.

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