A diploma course can unhesitantly and undoubtedly be held to be a much inferior course than graduate, and much less than graduate Hons., the court observed.
The Patna High Court in Rupesh Kumar and Ors. vs. State of Bihar and Ors., has set aside the decision of Bihar Staff Selection Commission (BSSC) that disqualified 18 BSc (Honours in Medical X-ray Technology) degree holders stating that they were ineligible for the post of X-ray technician.
As per the advertisement, the minimum qualification was Intermediate with science and the technical qualification required was diploma in X-ray Technology and Medical Radiography from any government-recognised institution.
The petitioners had applied and were selected, but at the stage of counselling, their candidature was cancelled on the ground that though they were honours graduates in medical radiology, they were not diploma holders as X-ray technicians and as such they were not eligible for the post.
The Bench comprising Justice Justice Navaniti Prasad Singh and Justice Nilu Agrawal observed: “A person who is Hons. Graduate in X-ray Technology and Medical Radiology is said to be ineligible for a post which requires only a diploma in X-ray Technology. It is not that the petitioners are Hons. graduates as aforesaid from any fly-by-night institution. They are Hons. graduates from an autonomous government super speciality institution, the Indira Gandhi Institute of Medical Sciences. A diploma course can unhesitantly and undoubtedly be held to be a much inferior course than graduate, and much less than graduate Hons. Apparently, even the commission entertained the applications of the petitioners till the very final stage when someone, somehow, managed to pull the plug. This can only happen in Bihar. We may also notice that not only the cadre rules dealing with the procedure of recruitment, but also the advertisement issued by the commission clearly shows that additional marks are given for graduates and postgraduates, even for this particular post. We have serious doubts about the bona fides of the persons who took the decision on behalf of the commission in this regard, who even ignored this part of the cadre rules and their own advertisement. It is a serious matter which should concern the State Government and the Chairman of the commission. “
Setting aside the decision of the commission and directing it to proceed with the selection process, the court observed: “We have no option but to hold that the petitioners have been wrongly discriminated against and have wrongly been held to be ineligible. They are better qualified and better suited than diploma holders for the job in question… The petitioners cannot be put to any disadvantageous position because of their educational qualification.”
Read the Judgment here.