1. This bunch of five writ petitions involve a common question of law as to the eligibility of the petitioners for the post of Laboratory Technician under the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter 'the Rules of 1965') as amended on 30-8-2013. They are all therefore being decided by this common judgment. CWP No. 19091/2013 is taken as the lead case and its facts where necessary adverted to.

2. An advertisement dated 10-7-2013 was issued by the Director Medical & Health Department of Family Welfare (hereinafter 'the Director') inviting applications for the post of Lab Technician encadered under the Rules of 1965. The eligibility prescribed at the relevant time was as under:-

S. No.	Name of Post	Source of recruitment with percentage	Qualification & Experience for Direct recruitment/Promotion	Post Qualification from & Experience for	Remarks
4.	Laboratory Technician	100.00%	There shall be no distinction between Laboratory Technician and In the event of non-availability of candidates possessing certificate of 9 months training from Institution recognized by Government, the candidates possessing the following qualifications can be considered -Secondary of a recognized Board or its equivalent with two years training certificate of Laboratory Technology Course run by the Santokba Durlabhji Memorial Hospital, Jaipur or B.Sc. With Biology with Post graduate Diploma in Laboratory Technology from Maharshi Dayanand Saraswati University, Ajmer with hospital based training in JLN Medical College, Ajmer recognized by Government.”	Promotion is to be made	Secondary or its with 9 months Training Certificate From Institution recognized by Government Or Malaria Technician. The cadre will be re-designated as Laboratory Technician only.

3. The Rules of 1965 were however amended vide notification dated 30-8-2013, whereunder eligibility for the post of Lab Technician was altered. It then was as under:-

S. No.	Name of Post	Source of recruitment with percentage	Qualification & Experience for Direct recruitment/Promotion	Post Qualification from & Experience for	Remarks
4.	Lab Technician	100.00%	Senior Secondary in Science with Biology or Mathematics or its equivalent with diploma from an institute recognized by the Rajasthan State Government Central Government/Rajasthan Para Medical Council and registered in Rajasthan Para Medical Council	Promotion is to be made	There shall be no distinction between Laboratory Technician and Malaria Technician. The cadre will be re-designated as Laboratory Technician only.

4. The petitioner has passed the Senior Secondary in Science stream with Biology/ Mathematics. He has also obtained a two years diploma in Laboratory Technology Course from the Santokba Durlabhji Memorial Hospital, Jaipur (SDMH) prior to 30-8-2013. He thus claims to have the requisite eligibility for consideration for appointment to the post of Laboratory Technician under the advertisement dated 10-7-2013 even as amended on 30-8-2013 and Schedule-I to the Rules of 1965 also amended on 30-8-2013. It has been submitted that at the time the petitioner acquired the two years diploma in Laboratory Technology course from SDMH, the said course was recognized by the State of Rajasthan. As such the petitioner has the requisite qualification for appointment to the post of Laboratory Technician despite the amendment of rule 9 and 10 of the Rules of 1965 as also Schedule-I thereto effective 30-8-2013 and reflected in the corrigendum dated 30-8-2013 to the advertisement dated 10-7-2013. It has been submitted that yet the petitioner was arbitrarily not considered for appointment to the post of Laboratory Tech