High Court · 2012

Order

(Order of the Court) Petitioner in this writ petition is the Andhra Pradesh Vaidya Vidhana Parishad, represented by its Commissioner (for short APVVP).

2. The first respondent herein filed O.A.No.4404 of 2009 before the Andhra Pradesh Administrative Tribunal, Hyderabad (Tribunal), questioning the action of the APVVP in not finalizing his selection to the post of Radiographer as per the interim call letter dated

19.07.2008 issued to him and in not appointing him to the said post from the dates when others were appointed pursuant to the Notification No.4/2007 as illegal. The Tribunal after considering the matter by its order dated 25.11.2009 allowed that OA directing the petitioner to issue posting orders to the first respondent for the above post. Questioning the correctness of that order, APVVP filed this writ petition.

3. The APVVP issued the aforementioned notification No.4/2007 inviting applications for recruitment to various posts. One of the posts is Radiographer. The qualifications required as per the notification the said post are “must have passed CRA Examination recognized by Govt. of A.P. after Intermediate Examination. Provided that preference shall be given to a candidate who, in addition, possesses a Degree B.A./B.Sc./M.Sc./M.A./B.Sc. (Hons.)/B.A. (Hons.) of any recognized university with physics as a main subject”.

4. The first respondent possessed the following qualifications. (1) Passed Intermediate public examination held in June 1996 compartmentally with Biological Sciences, Physics and Chemistry in Telugu medium. (copy of certificate issued by Board of Intermediate Education filed by the first respondent along with his vacate stay petition). (2) Passed Intermediate examination in X-Ray Technician (XRT) in English medium compartmentally in April 1999 (copy of the certificate is filed by the petitioner himself in the material papers filed by him). (3) Certified Radiological Assistant – apprenticeship training certificate – CRA – issued by Superintendent of the MGM Hospital, Warangal, which is a Government Hospital. This respondent underwent certificate shows Radiological Assistant (CRA) Apprenticeship Training Course in the Radiology Department of MGM Hospital, Warangal, for a period of one year from 01.12.2001 to 30.11.2002 and has successfully completed apprenticeship training and has qualified in the examination held on 21.02.2003 and 22.02.2003. This certificate also shows that the said examination was conducted by the Chief Radiologist, MGM Hospital, Warangal. (copy of the certificate has been filed by the petitioner himself)

5. The question raised in this writ petition is whether qualifications 1 to 3 referred to supra of the first respondent are sufficient for the post of Radiographer to order his selection if he is otherwise suitable. The tribunal answered this question in the affirmative and its correctness is now challenged in this writ petition.

6. The APVVP by its letter in Rc.No.901/PMR/2007 dated

19.07.2008 called the first respondent for interview informing him that he was provisionally selected and further directed him to produce the original certificates about his minimum general qualifications, academic qualifications prescribed (with marks list) and technical qualifications prescribed (with marks list) along with other certificates mentioned therein. In the same letter, the APVVP also informed him that his result will be withheld and the same will be declared after obtaining clarification from the Government/MGM Hospital, Warangal regarding the CRA Apprenticeship Certificate and awarding marks. The aforesaid letter dated 19.07.2008 reads that interview call letter was sent for the post in question for recruitment on contract basis for one year. We are now in October 2012. More than four years have elapsed from the date of the above letter and it is not known whether the need for filling up the post on contract basis is still exist. However, as both sides invited a judgment on merits we proceed to consider the same.

7. The first respondent attended the interview as per the above letter dated 19.07.2008. Subsequently the APVVP, called for a clarification regarding the CRA qualification of the first respondent from the Superintendent of the MGM Hospital, Warangal, regarding the marks secured and the particulars of examination.

8. Accordingly, the Superintendent of the MGM Hospital, Warangal, by his letter dated 28.02.2009 gave the particulars of the examination and the marks allotted and it is also stated in the said letter that the said examination has been approved by the Director of Medical Education, Andhra Pradesh (for short - DME), through his letter Rc.No.462/ MEE/2003 dated 23.04.2003. This letter is extracted in the order of the Tribunal and it shows that the first respondent secured 66/100 in theory and 74/100 in practical and viva and the result is shown as passed.

9. The Tribunal has extracted two paragraphs of the counter affidavit of APVVP. Of them, the second para extracted is relevant. It reads as follows. that, is submitted the Superintendent, MGM Hospital, “It Warangal vide letter Rc.No.E3/7598/08, dated:28.8.2008 has informed that the marks secured by the Applicant from Intermediate Vocational Course conducted by the Board of Intermediate is valid for posting of Radiographer and later on 28.2.2009 has furnished the marks secured by the Applicant in CRA course. As the Applicant is having only Intermediate Vocational Course conducted by the Board of Intermediate, he was not given posting orders. As per the service rules of APVVP one must have passed CRA examination after Intermediate. Admittedly, the Applicant prosecuted only Intermediate Vocational Course which is not sufficient to hold the post of Radiographer.”

10. From the above paragraph in the counter, it is clear that the APVVP, has no objection regarding the qualification of the first respondent about his CRA apprenticeship certificate issued by the Superintendent of MGM Hospital, Warangal, and the examination conducted for the said course in the said hospital in which the first respondent was successful. The objection taken in the above paragraph in the counter reads that the first respondent possessed only Intermediate vocational course certificate in X-Ray Technician course and he did not pass regular Intermediate examination. It should however be noted that the first respondent also filed a copy of regular Intermediate examination pass certificate-cum- Memorandum of Marks showing that he passed the said examination in June, 1996. It is also clear that he passed the CRA test conducted by the MGM Hospital, Warangal, in the year 2003 i.e. after passing the regular Intermediate examination. Thus the first respondent can be said to have satisfied the requirement of passing CRA examination after regular Intermediate examination.

11. We must now mention here that in the affidavit filed in support of the writ petition in paras 4 and 5 thereof it is mentioned that a pass in CRA examination recognized by the Government of Andhra Pradesh is necessary and the certificate pertaining to CRA speaks of an apprenticeship training certificate which is not valid and therefore the first respondent cannot be said to be qualified as per the qualifications prescribed in the notification. The APVVP is not clear on this aspect.

12. In the course of arguments the learned Government Pleader pointed out that a certificate in CRA or the CRA examination conducted must be held in accordance with the provisions of the Andhra Pradesh Para Medical Board Act, 2006 and the examination must have been held by the Government itself or an institution recognized under the said Act and the rules framed thereunder. It should be noted here that the above Act came into force in the year 2006 whereas the Certificate in CRA course issued by the MGM Hospital, Warangal, is of the year 2003. Nothing is brought to our notice which was the authority which was competent to issue a CRA examination pass certificate prior to the commencement of the above Act. It may also be noted that previously in 1979 itself the Andhra Pradesh Medical Subordinate Service Rules – Branch III – General were framed under the Proviso to Article 309 of the Constitution through G.O.Ms.No.565, Medical & Health (R-1), dated

27.08.1979 (these rules are found in Volume-4 of the Eighth Edition of Sri Padala Rama Reddi’s Andhra Pradesh Civil Services Code).

13. The post of Radiographer or X-Ray Technician is shown as Category-2 post in Class-II of Rule 1 of the above 1979 Rules. The qualifications for the said post are shown as “pass in the CRA examination : Provided that preference shall be given to a candidate who in addition, possesses a degree of B.A., B.Sc., M.Sc., M.A., B.Sc. (Hons.) or B.A. (Hons.) of any recognized University with Physics as main subject”. The above rule position shows that there is no requirement as to who should conduct the aforementioned CRA examination. It should once again be noted that the first respondent underwent CRA apprenticeship course and passed the examination which was conducted by the MGM Hospital, Warangal, which is a Government Hospital.

14. It may also be noted that before conducting the aforesaid CRA examination the Superintendent MGM Hospital, Warangal, addressed a letter dated 31.12.2002 to the DME seeking permission to conduct the said examination. The DME by proceedings Rc.No.464/MEB/2003 dated 23.01.2003 permitted the Superintendent of the above hospital to conduct the examination to two candidates i.e. Sri G.Venkateswarlu and Sri G.Sanjeeva (first respondent herein). Not only this, the Superintendent of the MGM Hospital, Warangal, after conducting the examination informed the result of the aforesaid two candidates to the DME seeking approval of the same. The DME in his turn by his letter Rc.No.462/MEB/2003 dated

23.04.2003 informed the Superintendent of the said hospital that the result of the examination of the aforesaid two candidates was approved and he was also directed to issue apprenticeship to the aforesaid two candidates in the posts of CRA. Copies of these letters have been furnished by the first respondent’s counsel and they have not been disputed.

15. Subsequently, the Superintendent of the MGM Hospital, Warangal, again by his letter in Rc.No.E-3/10513/2008 dated nil informed about the passing of the CRA test to the APVVP. Later on, the DME also by letter Rc.No.10271/ME-B/2010 dated

15.07.2010 confirmed the contents of letter Rc.No.E- 3/10513/2008 dated nil referred to above. One deficiency noted is that the Superintendent of the MGM Hospital did not mention about the regular Intermediate pass certificate of the first respondent showing that he passed the Intermediate before the CRA course which is one of the required qualifications. It is seen that the first respondent did not in his OA plead or mention about his passing the regular Intermediate examination but he filed that certificate before the Tribunal in the course of arguments. It is also seen that he did not produce the said certificate before the selection authorities of the APVVP. Since the first respondent filed the said certificate subsequently in the OA which is mentioned by the Tribunal in its order and also in this writ petition, it follows that the said defect now stands cured.

16. It should be noted at the risk of repetition that the first respondent passed regular Intermediate examination even before passing the CRA test by the MGM Hospital, Warangal, before 2006 in which year the A.P. Para Medical Board Act came into force. It should also be noted at the risk of repetition that the MGM Hospital, Warangal, conducted the CRA examination with the approval of the DME in which case it can be said that the Government has recognized the CRA qualification of the first respondent. The Government Pleader was unable to show as to what should happen to the CRA qualifications obtained prior to the above A.P. Para Medical Board Act came into force in the year 2006 and who was to grant recognition for such CRA qualifications and the MGM Hospital, Warangal, which is a Government Hospital was not competent to conduct such examination after apprenticeship. He was also unable to show us any provisions that all qualifications in CRA obtained prior to 2006 have to be invalidated.

17. To sum up, it can be said that the CRA qualification acquired by the first respondent from the MGM Hospital, Warangal, in the above circumstances can be said to be recognized by Government and we are unable to overrule this contention of the learned counsel for the first respondent. In such a situation it follows that the first respondent can be said to be qualified for the post of Radiographer notified by the APVVP.

18. When this matter was listed for pronouncement of judgment on

12.10.2012, the learned Government Pleader relied upon a set of Government Orders to show that the CRA test conducted by the MGM Hospital cannot be treated as the qualification in the CRA. We have gone through the said GOs but for the reasons already recorded we are of the opinion that the CRA test conducted by the MGM Hospital, Warangal, was conducted with the approval of the DME and we have already mentioned about the same in the previous paragraphs. Since the said test was conducted prior to the coming into force of the AP Para-Medical Board Act i.e. before 2006, we are of the opinion that the test conducted by the MGM Hospital, Warangal, is sufficient qualification the reasons already recorded. Hence, we do not find any reason to reject the case of the first respondent on the basis of the said GOs. Lastly, the learned Government Pleader pointed out that the first respondent did not file his regular Intermediate pass certificate before the selection authority and therefore the selection of the first respondent may be made subject to verification of the genuineness of the said regular Intermediate qualification certificate. We have already mentioned in para-15 that the above plea of the learned Government Pleader for verification of the certificate cannot be brushed aside.

19. Accordingly, for the aforesaid reasons, it follows that the impugned order of the Tribunal does not call for any interference. This writ petition is therefore dismissed. The APVVP shall give posting orders to the first respondent if he is also otherwise suitable as per the rule governing the appointment and post within a period of four weeks from today and subject to verification of all the certificates including the regular Intermediate pass certificate produced by him. No costs. ___________________ V.ESWARAIAH, J ______________________ N.RAVI SHANKAR, J 2nd November, 2012 CVRK THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION No.3282 of 2010 (Order of the Court) 2nd November, 2012 CVRK