ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to issue the experience certificate on the post of Lab Assistant, allow him to participate in the selection process held for the post of Lab Assistant pursuant to the advertisement dated 29/5/2018 and if found eligible, accord him appointment with all consequential benefits.

2. It is inter alia indicated in the petition that an advertisement dated 29/5/2018 (Annex.1) came to the issued by the respondents for the post of Laboratory Assistant. The educational and professional eligibility inter alia required the candidates to be secondary or its equivalent and having minimum three years experience of working as Lab Assistant/Lab Technician in State Govt. Hospital on contract basis or through service provider agency. The petitioner applied for the post and inter alia claimed experience based on the certificate issued by the Chief Medical & Health Officer (CMHO) for the period 8/8/2013 to 30/4/2018 as Lab Assistant. However, as the certificate issued to the petitioner on 26/6/2018 (Annex.8) indicated the petitioner as ‘Lab Attendant’, the respondents did not take into consideration the said experience for the purpose of eligibility and apparently the candidature of the petitioner has been rejected.

3. Learned counsel for the petitioner made submissions that the certificate issued to the petitioner is apparently incorrect inasmuch as he was accorded contractual appointment through placement agency pursuant to the tender notice dated 19/7/2013, which was issued for the post of Lab Technician and Lab Assistant only. Though the placement agency by its communication dated 26/7/2013 indicated the position of the petitioner as Lab Attendant, the same was immediately rectified on 29/7/2013 (Annex.5) indicating that ‘Lab Attendant’ be read as ‘Lab Assistant’ (Lab Sahayak). The Medical Officer Incharge of Primary Health Centre, Kevalpura, where the petitioner was working, issued certificate dated 8/6/2018 indicating the status of the petitioner as Lab Assistant, which was endorsed by the Block Chief Medical Officer on 13/6/2018, however, the CMHO, Chittorgarh issued the certificate indicating the petitioner as Lab Attendant, based on the original letter of appointment, which had been rectified within three days, based on which the petitioner was sought to be deprived of his eligibility for the post in question.

4. Submissions have been made that as the placement agency was engaged for providing the services of Lab Technician/Lab Assistant vide tender notice dated 19/7/2013, pursuant to which the services of the petitioner were provided and the petitioner performed the duties of Lab Assistant only, the issuance of certificate as Lab Attendant by the CMHO, Chittorgarh based on an incorrect appointment order, ignoring the rectification in this regard, is not justified and, therefore, the respondents be directed to issue a fresh certificate and as the petitioner is eligible for appointment to the post of Lab Assistant along with grant of bonus marks, his candidature be ordered to be considered by the respondents.

5. A reply to the petition has been filed by the respondents inter alia indicating that the certificate annexed along with the writ petition issued by CMHO indicates that the petitioner has worked on the post of Lab Attendant and though many of the candidates in the recruitment were issued certificates with the nomenclature Lab Assistant, however, they had never performed the duties of Lab Assistant, the respondents sought re-verification of the certificates on the basis of 11 pointer sheet prepared by the Directorate, based on which it has been indicated that the petitioner was working on the post of Lab Attendant only and not Lab Assistant and as such the petitioner has been rightly denied the eligibility for the post in question as well as the bonus marks and, therefore, the plea raised by the petitioner in this regard has no substance an