Abhinav Shankar vs The State of Jharkhand, The Director-in-Chief, Health Services, Government of Jharkhand, The Civil Surgeon-cum-Chief Medical Officer and The District Maleria Officer

D.N. Patel, J.—The present petition has been preferred mainly for getting a writ of mandamus upon the respondents, mainly for the reasons that though the petitioner is fully qualified and eligible for appointment to the post of Multi Health Worker, he has not been appointed. The petitioner had applied for appointment to the post of Multi Health Worker, in pursuance of a public advertisement at Annexure 1 to the memo of petition and looking to the certificates at Annexure 2 onwards, the petitioner is fully eligible and qualified to be appointed as Multi Health Worker and despite this fact, the respondents have not appointed the petitioner and, therefore, the present writ petition has been preferred.

I have heard learned Counsel for the respondents, who has submitted that the petitioner is not at all eligible for even applying for appointment to the post of Multi Health Worker. It is also submitted by the learned Counsel for the respondents that minimum requirement for appointment to the post of Multi Health Worker is Intermediate with Science whereas the petitioner is Intermediate with Arts and, therefore, the petitioner is not entitled for appointment to the post of Multi Health Worker. It is also submitted by the learned Counsel for the respondent-State that looking to the public advertisement, which is at Annexure-1 to the memo of petition, at Clause (1) it has been specifically stated that Intermediate with Science in 2nd Class is the minimum requirement for appointment and the petitioner being Intermediate with Arts is not eligible for appointment to the post of Multi Health Worker and, therefore, the petitioner has not been appointed as such and, therefore, there is no substance in this writ petition and hence the same deserves to be dismissed.

Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition, mainly for the following facts and reasons:

(i) Petitioner had applied for appointment to the post of Multi Health Worker in pursuance of a public advertisement at Annexure 1 to the memo of petition, which is dated 24th May, 2008. Looking to this public advertisement at Clause (1), it appears that the educational qualification is prescribed as 10+2/Intermediate (with science subject) in 2nd Class whereas the present petitioner is Intermediate with Arts subject. Thus, looking to the aforesaid qualification, required for appointment to the post of Multi Health Worker, the petitioner is not at all eligible for even preferring an application for appointment to the aforesaid post, as he is not Intermediate with science subjects;

(ii) The petitioner has insisted that as he has got subsequent certificates mainly at Annexure 4, which is pertaining to Vocational course, issued by the Bihar Intermediate Education Council, Patna, and looking to the subject, namely, Multi-Purpose Health Worker, the petitioner ought to have been appointed as Multi Health Worker.

This contention is also not accepted by this Court, mainly for the reason that looking to the minimum qualification required for appointment to the post of Multi Health Worker is Intermediate with science subjects and the petitioner is not having the same.

(iii) The certificate at Annexure 4 is not much helpful to the petitioner, which is a vocational court certificate. There may be subsequent qualifications and the certificates in favour of the petitioner, but, they are not equivalent to Intermediate with science subject with 2nd Class. The petitioner could not appoint out anything to this Court that how vocational course certificate at Annexure 4 is equivalent to Intermediate with science subject with 2nd Class. No such notification has been pointed out by the petitioner. On the contrary, petitioner has submitted that looking to the syllabus, the petitioner thinks that it is equivalent to Intermediate with science subject. This comparison by the petitioner himself with the syllabus of Intermediate with science subject and thereafter presuming that he is eligible, does not give him any further eligibility under the law. Such type of comparison cannot be done unilaterally by the petitioner himself. In fact, there is no such notification, published by the respondents, equalizing the certificates of vocational course with the Intermediate with science subjects.

As a cumulative effect of the aforesaid facts and reasons, the petitioner is not eligible for even preferring an application for appointment to the post of Multi Health Worker, looking to Clause (1) of the public advertisement at Annexure 1 to the memo of petition and, therefore, there is no substance in this writ petition and hence, the same is hereby dismissed.