1. - In this writ petition, the petitioners have questioned the order dated 2.7.1996 passed by the respondent No.3. Therefore, they have prayed to quash and set aside the said order and also for issuance of directions to the respondents to consider the petitioners for appointment on the post of Lab Technician.

2. After having passed the secondary School Examination in the year 1988, the petitioners had taken admission in Ojyanta Educational Institute, Kuchaman City, District Nagaur, for the purpose of vocational course. Copies of the certificates issued by the Board of Secondary Education, Rajasthan, have been submitted on record today and they are hereby marked as Annexure X and Y. They took admission in the year 1990 for nursing course of two years. The said institution was recognised by the Government of Rajasthan and the syllabus was prepared by the Board of Secondary Education.

3. While the petitioners were pursuing the study in the aforesaid educational institution, the recognition was withdrawn by the respondents. However, on filing of writ petition (6111/91), the High Court had allowed the writ petition on 1.11.193. It was in furtherance of the decision of the writ petition that the examination of the petitioners, in the aforesaid course, was conducted by the Board of Secondary Education. After appearing in the said : examination, the petitioners were directed to undergo practical training of Lab Technician. Both the petitioners had undergone the said training at SMS Hospital, Jaipur and Zanana Hospital, Jaipur. Certificates issued in this regard, are on record as Annexures 1 and 2.

4. On completion of the training, department got bonds executed from the: petitioners and the same were duly submitted. The petitioners were made to execute the bonds to the effect that they would accept the employment in the Government and on their refusal the amount spent for training, shall be recovered. The period of bond was of five years.

5. Despite of the requisite qualification having been attained by the petitioners and execution of the aforesaid bonds, in the terms given by the respondents, the petitioners were not given an opportunity to serve the Government. On the contrary, an advertisement was issued on 24.6.96 by respondent No.2 in respect of the existing vacancies. On enquiry, the petitioners came to know that an order had been passed by the respondent No.3 on 2.7.96, by which ban was imposed for appointment to the candidates who had obtained training from Ojyanta Educational Institute. It is noteworthy that though the petitioners had initially taken admission in Ojyanta Educational Institute but later on they had completed the training from the Government Hospitals. Therefore, the aforesaid restrictions could not have been applied in case of the petitioners. Being aggrieved of the order passed on 2.7.96, the petitioners have preferred the present writ petition.

6. The respondents have contested the writ petition and in the counter filed by them, it has been stated that the Ojyanta Educational Institute, Kuchaman City, is not recognised by the Board of Secondary Education, Rajasthan. Further, it is stated that for the purpose of recruitment to Lab Technician, examination of secondary conducted by the Board of Secondary Education, Rajasthan, is the necessary qualification, along with the requisite training.

7. From the averments made in the writ petition as well as from the documents on record, there is no room of doubt that the petitioners have passed the Secondary Education from the Board of Secondary Eduction, Rajasthan and have also completed the requisite training. It would be noteworthy that earlier controversy had arisen that as to whether the person is eligible for consideration for the post of Lab Technician in terms of rule 11 of the Rajasthan Medical and Health Subordinate Service Rules, 1965 read with Schedule apprehended thereto, are to be filled up 100% by direct recruitment and the eligibility for considerat