Hon'ble BHANDARI, J.—A set of writ petitions was decided by the Coordinate Bench earlier. Therein all the petitions were dismissed.

2. Aggrieved by the judgment of Single Bench, special appeals were preferred before the Division Bench wherein parties agreed for remand of cases as earlier judgment rest on the provisions of Rajasthan Para-medical Council Act, 2008 (for short “the Act of 2008”), though said act has not enforced by the State.

3. The majority of writ petitions arises out of remand of cases. The new writ petitions have also been connected as it is on one and the same issue though subsequent writ petitions were filed on issuance of new advertisement. The advertisement dated 25th May, 2011 is for the post of Lab Technician under Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short “the Rules of 1965”). The earlier writ petitions were for the post of Rural Lab Technician under Rajasthan Rural Medical & Health Subordinate Service Rules, 2008 (for short “the Rules of 2008”).

4. Since controversy pertains to eligibility of petitioners for the post of Lab Technician, all the writ petitions are heard and decided by this common judgment.

5. It is stated by learned counsel for petitioners that majority of petitioners did their diploma in Medical Laboratory Technology from Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur (for short “the JRN University). It is deemed to be University under Section 3 of the University Grants Commission Act, 1956 (for short “the UGC Act of 1956”). The other candidates obtained same or similar qualification from different institutions having recognition from different bodies. All the petitioners made applications for their selection to the post of Lab Technician, however, they are not treated eligible for want of required qualification. The action of the respondents not to recognize qualification of the petitioners is in ignorance of the provisions of law.

6. The petitioners having required qualification from recognized institution should have been treated eligible for appointment to the post of Lab Technician but for want of recognition of institution from State Government, they are not treated eligible. Referring to Section 3 of the UGC Act of 1956, it is urged that a deemed to be university needs no further recognition from the Government. The diploma/certificate provided by deemed to be university should have been treated as recognized for all practical purposes. This is moreso when, the Department of Education, Government of Rajasthan had earlier issued a Circular on 03rd November, 1999 providing that a degree from the University established under the Central/State Act needs no further recognition. Contrary to the aforesaid Circular, respondents are not treating diploma/certificate given by the respondent-University to be recognized. The same view has been taken for the qualification obtained by other petitioners from different institutions duly recognized. Referring to the case of those petitioners who have obtained diploma course of Laboratory Technician from JRN University, it is stated that their course from distance mode was approved by a Joint Committee of University Grants Commission, the Distance Education Council (for short “the DEC”) and All India Council for Technical Education (AICTE). It was after a visit of JRN University by the expert committee of DEC. The ex-post facto approval was granted to the JRN University apart from three other institutions/universities. The said approval was granted for courses provided by the JRN University till 2005. The petitioners have undertaken diploma course of Lab Technology prior to it. In view of the approval by the DEC, which is a statutory body under the Indira Gandhi National Open University (for short “the IGNOU”), the respondents' action to treat qualification obtained by the petitioners to be unrecognized, becomes illegal.

7. The ex-post facto approval given by the statutory bodies cannot be ignored by the respondents. This is

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