Lalit Kishor vs State of Rajasthan - 2020 Supreme(Raj) 687

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Raj) 687

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sanjeev Prakash Sharma, J.
Lalit Kishor and Ors. - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
S.B. Civil Writ Petition Nos. 8908/2020, 18456/2016, 6380, 6382, 6388, 6396, 6397, 6398, 6413, 6414, 6442, 6446, 6593, 6614, 6620, 6624, 6632, 6638, 6643, 6644, 6672, 6677, 6680, 6681, 6683, 6687, 6688, 6689, 6700, 6708, 6710, 6712, 6714, 6720, 6766, 6772, 6774, 6881, 6895, 6896, 6941, 7063, 7070, 7131, 7133, 7142, 7150, 7174, 7270, 7271, 7272, 7273, 7335, 7338, 7341, 7348, 7365, 7433, 7435, 7498, 7577, 7580, 7584, 7615, 7616, 7634, 7646, 7659, 7667, 7673, 7723, 7768, 7775, 7787, 7789, 7793, 7797, 7798, 7799, 7804, 7813, 7892, 7911, 7942, 7944, 7949, 7951, 7975, 7993, 7994, 7995, 8014, 8026, 8034, 8115, 8132, 8235, 8299, 8354, 8369, 8812, 9078, 9092, 9283, 9417, 9588, 9761, 9795, 9797, 9828, 9945, 10197, 10221, 10361, 10410, 10455, 10468, 10471, 10579, 10586, 10588, 10608, 10637, 10639, 10662, 10678, 10781, 10820, 10860, 10866, 10894, 10900, 10901, 10902, 10903, 10904, 10905, 10906, 10928, 10935, 10942, 10944, 10972, 11035, 11071, 11271, 11601, 11689, 11925, 12166, 12494, 11472, 10948, 10955, 11216 and 11502/2020
Decided On : 23-10-2020

Advocates:
Advocate Appeared:
For the Appellant : Ajay Sharma, Bharat Vyas, Laxmi Kant Malpura, Shantanu Sharma, G.L. Sharma, Sandeep Singh Hora, Satish Chandra Pachori, Sunil Kumar Jain, Tanveer Ahamad, Vikas Kabra, Prem Chand Dewanda, Ram Pratap Saini, Krishan Chandra Sharma, Banvari Lal Saini, P.S. Rajawat, Sandeep Singh Shekhawat, Vigyan Shah, Himanshu Jain, Rakesh Kumar Saini, Sandeep Kalwaniya, Shobit Tiwari, Ravi Shanker Sharma, M.S. Raghav, Rajveer Gurjar, R.B. Mathur, Nishant Sharma, Hemant Taylor, S.N. Kaumawat, Komal Kumari Giri, Ajay Shukla, Mahendra Sharma, Anoop Dhand, Raj Sharma, Ishan Kumawat, Sudesh Kasana, Anoop Pareek, Dinesh Yadav, M.F. Baig, Sukhraj Singh Rathore, Mohammed Anees, Bipin Gupta, R.B. Sharma Ganthola, Daulat Sharma, Martand Pratap Singh, Mahendra Singh Rathore, Ayush Gupta, Archit Bohra, Sandeep Gupta, Anuradha Upadhyay, Jeetam Kumar Saini, Dharmendra Sharma and Manish Lawaniya
For the Respondents: Harshal Tholia for V.B. Sharma, AAG and Bharat Saini, Addl. G.C.

Headnote:
Employment and Service matter - Advertisement - Posts of Lab Technician and Assistant Radiographer – Selection - Whether candidates, who have been directed to be registered by this Court, can be said to be eligible to participate in selection process and should be given a chance to get their document verification done after Rajasthan Para Medical Council registers them - Whether should be treated as final date for document verification or candidates who have now been directed to be registered with Rajasthan Para Medical Council be allowed to submit their document for purpose of selection after 14.10.2020 - Held, It is apparent that petitioners therein possess requisite qualification having passed Diploma from University duly recognized with UGC and recognized by State Government, but their registration was not done by Rajasthan Para Medical Council. As this Court had already directed Rajasthan Para Medical Council to register candidates within a period of 15 days henceforth, natural corollary is that such candidates must be allowed to submit those registration before appointing authority for purpose of consideration of their candidature for appointment as per their merit on posts of Lab Technician and Assistant Radiographer - The opinion of this Court, State itself has not fixed a particulate date of document verification. It has been extended twice vide notifications. Court also notices that several sets of candidates were called on different dates for document verification. Hence, date of document verification is a flexible date depending on each individual candidate, who has been called on a particular date. Thus, in view of this Court cannot be treated as sacrosanct - Writ petitions allowed.

ORDER :

Sanjeev Prakash Sharma, J.

1. All these writ petitions were heard jointly as they all relate to a dispute, which has arisen in relation to posts of Lab Technician and Assistant Radiographer for which all the petitioners have applied under advertisement dated 12.06.2020.

2. Written submissions have been filed on behalf of the counsel for the petitioners as well as counsel for the respondents, which have been examined at length.

3. As per the advertisement dated 12.06.2020, in all 1119 posts of Lab Technician and 1058 posts of Assistant Radiographer were advertised. Initially, the last date for filling up the application form was laid down as 02.07.2020, however, by amendment; the last date for filling up the application form was fixed as 30.07.2020. As per the conditions laid down in the said advertisement, a candidate may apply for the post, however, the fact of the candidate having been registered with the Rajasthan Para Medical Council shall be examined at the stage of document verification and the candidate must provide the registration certificate at the time of document verification.

4. In the present bunch of writ petitions, the petitioners have come out with several grievances with regard to the action of the respondents, which has resulted in the petitioners being ousted from the participation for the posts of Lab Technician and Assistant Radiographer. Since all the writ petitions were heard together, but there are certain issues, which are required to be decided in regard to the pet2itions separately, therefore, different issues relating to separate set of writ petitions are being noticed hereinbelow:

A. Candidates whose result of the qualifying examination is awaited. (SBCWP Nos. 6700/2020 and 6714/2020)

B. Candidates who do not possess Science at the Senior Secondary Level, but have obtained Diploma in Medical Lab Technician. (SBCWP Nos. 6397/2020, 6772/2020, 7775/2020, 7787/2020, 7798/2020 and 8034/2020)

C. Candidates who have secured one year diploma in Medical Lab Technician Course. (SBCWP Nos. 6644/2020, 7498/2020, 7768/2020 and 7892/2020)

D. Candidates who submit that after revaluation result, they stand qualified, however, the date of revaluation was after last date of submission of the application form and also submit that revaluation should relate back to the date of declaration of the original result. (SBCWP Nos. 8908/2020, 6593/2020, 6614/2020, 6620/2020, 6624/2020, 7577/2020, 7634/2020, 7659/2020, 8115/2020, 8354/2020, 8812/2020, 9078/2020, 9092/2020, 9283/2020, 9588/2020, 10935/2020, 11071/2020, 11271/2020, 11601/2020 and 11689/2020). (SBCWP No. 10955/2020 (reserved on 20.10.2020)

E. The Rajasthan Para Medical Council is refusing the candidates who have obtained Diploma from Universities of Rajasthan, namely, NIMS. University, Singhania University, JRN Vidyapeeth (Deemed) University, Jaipur National University, Mahatma Gandhi University of Medical Sciences & Technology, Mahatma Jyoti Rao Phoole University, SMS. Medical College, and Madhav University. (SBCWP Nos. 18456/2018, 6413/2020, 6442/2020, 6446/2020, 6632/2020, 6638/2020, 6672/2020, 6677/2020, 6681/2020, 6687/2020, 6689/2020, 6708/2020, 6710/2020, 6712/2020, 6720/2020, 6766/2020, 6774/2020, 6881/2020, 6895/2020, 6941/2020, 7063/2020, 7070/2020, 7131/2020, 7142/2020, 7338/2020, 7348/2020, 7667/2020, 7793/2020, 7797/2020, 7799/2020, 7804/2020, 7813/2020, 7911/2020, 7942/2020, 7949/2020, 7951/2020, 7975/2020, 7993/2020, 7994/2020, 7995/2020, 8026/2020, 8132/2020, 8299/2020, 9078/2020, 9417/2020, 9795/2020, 10221/2020, 10455/2020, 10639/2020, 10944/2020, 10972/2020, 11035/2020 and 11925/2020) (SBCWP No. 12166/2020 (reserved on 16.10.2020).

F. The Rajasthan Para Medical Council has refused to register the candidates who have obtained Diploma by Distance Education. (SBCWP Nos. 6380/2020, 6382/2020, 6388/2020, 6396/2020, 6398/2020, 6414/2020, 6643/2020, 6680/

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