The Punjab and Haryana High Court has ruled that a candidate not possessing essential qualification cannot claim consideration for appointment on the strength of marks obtained in the written examination or parity with other candidates. Justice Sandeep Moudgil made the observation while dismissing a writ petition filed by candidates who had participated in the recruitment process for 1,263 posts of Multipurpose Health Workers (Male).“A candidate who does not possess the essential qualification in terms of the advertisement cannot claim consideration for appointment on the strength of marks obtained in the written examination or on the basis of alleged parity with other candidates,” Justice Moudgil asserted.The bench observed that the prescribed qualification was a “Diploma in Multipurpose Health Worker (Male) from a recognised university or institution”. The petitioners participated in the selection process and cleared the written examination, but were found ineligible at the document-verification stage because their diplomas had been issued by Para Medical Council, Punjab, Mohali, which was not a recognised institution.The ruling assumes significance for public recruitment as the court made it clear that “eligibility is anterior to merit” and that a candidate lacking the prescribed qualification cannot claim consideration for appointment on the strength of marks obtained in the written examination or alleged parity with other candidates.Justice Moudgil observed the petitioners sought to overcome the defect by contending that the recognition of the council was pending before the courts and that similarly situated candidates had been considered elsewhere.Justice Moudgil rejected the contention. “Such contention cannot confer eligibility where the recruitment advertisement itself prescribed recognition of the institution by the government as an essential qualification,” the bench held.It added: “Mere participation in the selection process or success in the written examination cannot dispense with an essential eligibility condition. The right, if any, to participate in the selection is always subject to fulfilment of the qualifications prescribed for the post in the advertisement itself.”The court also found that the petitioners could not claim ignorance about the status of the council. The Directorate of Research and Medical Education, Punjab, had issued a public notice dated August 12, 2015, specifically informing the public that Para Medical Council, Punjab, Mohali was not recognised by the Government of Punjab and that certificates issued by it were “not valid for government jobs”.As the recruitment was undertaken in 2016-17, the court said the petitioners could not contend that they were unaware of the position or that the state had represented the council to be a recognised body.The court also clarified that the university had only been entrusted with conducting the written recruitment test and document verification, while selection and appointment were to be made by Department of Health and Family Welfare, Punjab. Therefore, clearing the written examination did not entitle the petitioners to appointment after they failed to establish the essential qualification at verification.