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2013 Supreme(Raj) 378
RAJASTHAN HIGH COURT
Amit Kumar Jhamb Vs. State of Rajasthan & Ors. (Dr. Kothari, J.)
HON'BLE DR. VINEET KOTHARI, J.
Amit Kumar Jhamb
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.8909 of 2009 Along-with connected 7 writ petitions, decided on 17.12.2013
R.S. Choudhary, P.R. Mehta, H.S. Sidhu, Mukesh Vyas, for Petitioners;
Sundeep Bhandawat & Y.P. Khileree, for Respective Respondents
Headnote:Rajasthan Rural Medical and Health Subordinate Service Rules, 2008 — Applied for the post of Rural Laboratory Technician — Petitioner was holding P.G. Diploma in Laboratory Technology and Instrumentation from Bikaner University — Rejected on the ground that respondent College was not recognised — Held — The respondent College is a Govt. College and administration sanction to start the said course was duly given by competent authority — The petitioner also undergone 3 months training from Govt. Hospital — The College was duly informed by Technical Education Deptt. that the course was not covered by AICTE therefore, it may contact the Raj. Medical Science and Health University — No record of its de-recognisation — Petitioner and others are already engaged on contractual basis — Impugned order is not sustainable in view of legitimate expectation. (Paras 22, 24, 27, 30)
Writ petitions allowed.
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2. The petitioners applied for the post of Rural Laboratory Technician in pursuance of Advertisement (Annex.1) dated 07.07.2008 issued by Medical & Health Services, Department, Rajasthan, Jaipur. The eligibility qualification as given in Clause (6) of the said Advertisement for the said post of Rural Laboratory Technician was as under: -
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2- nsokukxjh fyfi esa fyf[kr fgUnh dk O;ogkfjd Kku rFkk jktLFkku dh laL—fr dk KkuA**
English Translation: -
Eligibility:
1. Secondary or its equivalent qualification with nine months' Laboratory course from Government recognized Institution.
2. Practical Knowledge of written Hindi in 'Devnagri' language and knowledge of culture of Rajasthan.”
3. The petitioner, Amit Kumar Jhamb, has produced copy of the mark-sheet of having passed with 1st Division of P.G. Diploma Laboratory Technology & Instrumentation Examination, 2007 vide Annex.5 dated 14.12.2007 from University of Bikaner, a Government College affiliated to Rajasthan University, however, his candidature was rejected by the Additional Director (Adm.), Medical & Health Department, Government of Rajasthan, Jaipur, vide impugned order dated 29.05.2009 (Annex.10) on the ground that the respondent, Dungar Mahavidhyalaya, Bikaner, was not recognized by the Technical Education Department of the State Government and, therefore, the qualification of P.G. Diploma in Lab Tech. & Instrumentation passed by the petitioner from the said College cannot be said to be recognized by the State Government and, therefore, the petitioner is not eligible for being considered for the said post.
4. Learned counsel for the petitioners, Mr. R.S. Choudhary and Mr. H.S. Sidhu, submitted that the Dungar Mahavidhyalaya, Bikaner is a Government College and the Commissioner of College Education, Government of Rajasthan, Jaipur, had himself given the administrative sanction for starting the aforesaid course from Session 2006-07 vide its communication (Annex.6) dated 10.10.2006 and the petitioner having passed the said course after such approval by the Government of Rajasthan, therefore, the respondent-Medical & Health Department could not say that the course conducted by Dungar Mahavidhyalaya, Bikaner, is not recognized by the State Government and, therefore, the petitioner could not be considered on the post of Lab Technician. Learned counsel for the petitioners also drew the attention of the Court towards the communication of the Technical Education Department, Government of Rajasthan vide Annex.8 dated 24.01.2007, addressed to said Dugar Mahavidhyala, Bikaner, with reference to their letter dated 07.12.2006 that the said course of P.G. Diploma in Lab Tech. & Instrumentation, was not covered by the Courses of A.I.C.T.E. (All Indian Council of Technical Education), which is constituted under All India Council for Technical Education Act, 1987 (an Act enacted by the Parliament), which defines vide Clause 2 (g) the word 'Technical Education', to mean programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programmes or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette declare.
5. Learned counsel for the petitioners, therefore, urged that on the basis of said communication dated 24.01.2007 since the present course of Lab Technician in question was not covered within ambit and scope of A.I.C.T.E., and the Department of Technical Education, Government of Rajasthan, had itself communicated this fact t
