Manendra Kumar and Others vs State of Chhattisgarh and Others

Prashant Kumar Mishra, J.—I.A. No. 6, application for withdrawal of the writ petition in respect of petitioners No. 5 and 6 filed in WP (S) No. 4237/2012 is allowed with liberty as prayed for in the application. The petitioners in both the writ petitions have prayed for issuance of writ of mandamus or appropriate direction to respondents No. 2 and 3 to consider their candidature and permit them to participate for appointment on the post of Multipurpose Health Worker (Male) in Durg district.

Pursuant to advertisement dated 4.5.2012 (Annexure-P/1) issued by the Chief Medical and Health Officer, Durg, inviting applications for filling up 260 posts of Multipurpose Health Worker (Male), the petitioners submitted their candidature as they possessed requisite qualification of having passed 10th class examination with Mathematics, Science and Biology subjects; having obtained one year training as Multipurpose Health Worker by an institution recognized by the Government and they were having registration under the CG Para Medical Council. Finding that their names are not mentioned in the tentative select list, the petitioners submitted objection which was decided by the Selection Committee vide Annexure-P/4 informing them that the petitioners do not possess requisite certificate of registration with CG Para Medical Council on or before 7th May, 2012, therefore, their candidature has been rejected.

Learned counsel for the petitioners would submit that the advertisement dated 4th May, 2012 was published in the newspapers on 8th May, 2012 and the last date for submission of application form was 21st May, 2012, therefore, all such candidates who are possessed of requisite qualifications as mentioned in para-1, 2, 3 of the application on or before the last date for submission of application form should have been considered and allowed to participate. They would also submit that in the absence of any cut off date having been published in the advertisement, the petitioners'' candidature could not have been rejected by fixing a cut off date which was never informed to the candidates.

Learned State counsel would submit that the selection was based on assessment of merit on the basis of marks obtained by the candidates in the qualifying examination and when the Selection Committee held its meeting on 29th August, 2012, it was decided that cut off date for acquiring all the essential qualification including live registration with CG Para Medical Council should be 7th May, 2012 because advertisement was published in the newspaper on 8th May, 2012. He would submit that fixation of cut off date by the Selection Committee would not change the rules in the mid way and in any case, the said cut off date has a nexus with the subject matter in hand, therefore, challenge to the fixation of cut off date is not sustainable.

True it is that the Selection Committee is empowered to fix cut off date but at the same time where cut off date was not published and made known to the candidates in the advertisement, the candidates should not be made to suffer when they have already acquired all the essential qualification before the last date of submission of application form.

In the matters of Ashok Kumar Sharma and Others Vs. Chander Shekhar and Another, A.P. Public Service Commission, Hyderabad and Another Vs. B. Sarat Chandra and Others, , District Collector and Chairman, Vizianagaram Social Welfare Residential School Society, Vizianagaram and Another Vs. M. Tripura Sundari Devi, , Mrs. Rekha Chaturvedi (Smt) Vs. University of Rajasthan and Others, Dr. M.V. Nair Vs. Union of India (UOI) and Others, and U.P. Public Service Commission U.P., Allahabad and Another Vs. Alpana, relied on in the later decision of the Hon''ble Supreme Court in the matter of Bhupinderpal Singh and Others Vs. State of Punjab and Others, , it has been held that when no cut off date by reference to which eligibility requirement must be satisfied by the candidate is fixed either under relevant service rules or in the advertisement, then the eligibility criteria shall be applied by reference to the last date appointed by which applications have to be received by the competent authority.

In the case in hand, the last date for submission of application was 21st May, 2012 and indisputably, all the petitioners have acquired qualification of registration with CG Para Medical Council or any other essential qualification before the said date. Therefore, their case is squarely covered by the judgment of Hon''ble Supreme Court in the matter of Bhupinderpal Singh (Supra). In view of the above, both the writ petitions are allowed. The respondents are directed to consider cases of the petitioners for appointment on the post of Multipurpose Health Worker (Male) in accordance with law, based on their merit and fulfilling all the essential qualification mentioned in the advertisement. This exercise shall be completed within a period of 3 months from the date of submission of certified copy of this order.