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2022 Supreme(Raj) 2969

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mr. Sameer Jain, J.
Ms. Renu Jangir D/o Shri Sanwar Mal Jangir – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 18383/2016
Decided On : 27-05-2022

Advocates Appeared:
Mr. Vigyan Shah with Mr. Kamlesh Sharma Mr. Akshit Gupta Mr. Harendra Neel Ms. Pragya Seth Ms. Sarah Sharma Mr. Pukhraj Chawla, for the Appellant; Mr. Bharat Saini, AGC Mr. Sandeep Taneja with Mr. Kartikey Sharma Ms. Vivek Tyagi, Dy. G.C., for the Respondent

The main legal point established in the judgment is the strict adherence to the eligibility criteria as stipulated in the advertisement, particularly the requirement of possessing the registration with the Rajasthan Para Medical Council before the cut-off date.

Headnote:

Rajasthan Para Medical Council - Eligibility for Assistant Radiographer post - Rajasthan Para Medical Council Act, 2008, Section 17 - The court discussed the eligibility criteria for the Assistant Radiographer post, emphasizing the requirement of registration with the Rajasthan Para Medical Council before the cut-off date. The court referred to the advertisement dated 10.10.2016 and upheld the criteria of the cut-off date, stating that the petitioner did not fulfill the requisite eligibility before the cut-off date. The court also cited the judgment in Zaiba & Ors. (supra) and held that the rejection of the petitioner's candidature was in line with the stipulations made in the advertisement and the law laid down by the Division Bench of the Court.

Fact of the Case:

The petitioner applied for the post of Assistant Radiographer in Medical and Health Department. The eligibility criteria required registration with the Rajasthan Para Medical Council before the cut-off date. The petitioner's registration was rejected as she did not possess the requisite registration certificate from RPMC by the cut-off date, and she was subsequently found ineligible for the selection process.

Finding of the Court:

The court found that the petitioner did not fulfill the eligibility criteria before the cut-off date and upheld the rejection of the petitioner's candidature in line with the stipulations made in the advertisement and the law laid down by the Division Bench of the Court.

Issues: The main issue was whether the petitioner fulfilled the eligibility criteria for the Assistant Radiographer post by possessing the registration with the Rajasthan Para Medical Council before the cut-off date.

Ratio Decidendi: The court upheld the requirement of possessing the registration with the Rajasthan Para Medical Council before the cut-off date as stipulated in the advertisement, and found the petitioner ineligible for the selection process due to non-fulfillment of the eligibility criteria.

Final Decision: The writ petition was dismissed, and the court held that the rejection of the petitioner's candidature was in line with the stipulations made in the advertisement and the law laid down by the Division Bench of the Court.

JUDGMENT

1. Present writ petition is filed with following prayers which reads as under:-

    "I. By an appropriate writ, order or direction the respondent no. 1 may kindly be directed to take offline application form for the aforesaid vacancy without asking for registration no. in Rajasthan para medical Council.

    II. By an appropriate writ, order or direction in the nature thereof thereby, the respondent no. 2 may kindly be directed to consider the application form for registration after considering the recognition of the institute (PGI Chandigarh) as same is constituted after Gazette notification and accordingly issue the registration no on priority basis expeditiously looking to the fact of the case.

    IV. any other appropriate writ, order or direction, beneficial to the petitioner under the facts and circumstances of the case may also kindly be passed in favour of the petitioner."

    2. The facts of the case are that on 10.10.2016 an advertisement was issued for 1025 posts of Assistant Radiographer in Medical and Health Department and the petitioner applied for the same. The eligibility and educational qualifications at the time of submitting application form, by the cut off date, read as follows:-

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      Øe la[;k

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      Senior Secondary in Science with either Biology or mathematics or its equivalent with Radiography course passed from an institute recognized by the Rajasthan State Government/Central Government/Rajasthan Para Medical Council.

      And

      Registered in Rajasthan Para Medical Council

      And

      Working knowledge of Hindi Written in devnagri Script and knowledge of Rajasthan Culture.

      3. Learned counsel for the petitioner submitted that the last date for submitting fee and online application was extended from 24.11.2016 to 24.12.2016. It is further submitted that petitioner passed Senior Secondary Examination with Biology in the year 2012, and as per ’Result-cum-Detailed Marks Certificate’ dated 05.11.2016, she cleared her ’Bachelor of Science in Medical Tech. (Radio diagnosis Imaging) Part-III (final year) exam’ held in August, 2016 from ’Postgraduate Institute of Medical Education & Research, Chandigarh’ (in short ’PGI’) and a provisional degree was also issued to her on 29.10.2016. It is further submitted that, as registration with Rajasthan Para Medical Council (in short ’RPMC’) was one of the pre requisite qualification/eligibility as specified in the advertisement, the petitioner applied for her registration on 05.12.2016, which was rejected vide order dated 16.12.2016 with the reasons that the petitioner had not enclosed document regarding recognition of the institution from where she had acquired the provisional degree, even though PGI, Chandigarh is an Institute established by Central Government under the Act passed by Parliament of India (i.e. Post Graduate Institute and Medical Education and Research, Chandigarh Act, 1966.) As a result of such rejection, the petitioner was not allowed to participate in the selection process and it is in this background that the present writ petition was filed.

      4. It is important to note at this juncture, as pointed out by the respondent, that during the pendency of writ petition, on 04.01.2017 an interim order was passed as a result of which the application form of the petitioner was accepted and she was allowed to participate in the selection process in terms of advertisement No.10/2016 dated 10.10.2016. It is also submitted by the respondents that on 30.05.2019, the Rajasthan Para Medical Council awarded the petitioner Certificate of Registration in terms of Section 17 of the Rajasthan Para Medical Council Act, 2008. It is submitted by the learned counsel f

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