IMPORTANT POINT
Experience certificates can be considered for bonus marks even if the candidate was not registered at the time of service, as long as eligibility criteria are met.

ORDER :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the prayer that the petitioner may be granted 15 bonus marks on account of the work experience certificate produced by him for consideration of his candidature on the post of Lab Technician.

3. Briefly noted the facts in the present writ petition are that the petitioner is holding the qualification of Senior Secondary along with two years’ Diploma Course in Medical Laboratory Technology. The petitioner, being fully eligible for the post of Lab Technician, applied in pursuance of the notification/advertisement issued by the State Government on 31.05.2023 for appointment to the post of Lab Technician. In pursuance of the application preferred by the petitioner, the respondents called him for document verification and after undergoing the process of verification of the documents, the name of the petitioner was reflected in the provisional list prepared by them on 04.10.2023 (Annex.12). Thereafter, a final list of the selected candidates was declared by the respondents on 11.06.2024 (Annex.13) in which the name of the petitioner was not included. Hence, the present writ petition has been filed.

4. Learned counsel for the petitioner vehemently submits that the petitioner has secured 59.865 marks and the cut-off marks declared by the respondents for General Category and OBC category are 59.318 marks and 52.526 marks respectively. Learned counsel further submits that as per the marks secured by the petitioner, he should have been selected in both the categories i.e. General Category as well as the OBC Category. He, therefore, submits that the action of the respondents in denying the appointment to the petitioner on the post of Lab Technician is arbitrary and unreasonable.

5. Learned counsel for the petitioner also submits that the petitioner performed the work of Lab Technician from 02.07.2021 to 21.06.2022 and a certificate to that effect was also issued by the competent authorities, which is placed on record as Annex.-8. Learned counsel submits that another experience certificate of performing the work of Lab Technician from the period of 01.07.2022 to 30.05.2023, issued by the competent authorities, was submitted to the respondents which is also placed on record. He further submits that the petitioner has been registered with the Rajasthan Para-Medical Council on 06.06.2022. Learned counsel submits that despite the petitioner being eligible and holding all the requisite qualifications for appointment on the post of Lab Technician, the same is being denied to him. He, therefore, prays that the writ petition may be allowed.

6. Mr. N.S. Rajpurohit, learned Additional Advocate General assisted by Ms. Anita Rajpurohit and Mr. Sher Singh Rathore, Advocates, vehemently opposed the submissions made by counsel for the petitioner. He submits that the bonus marks for performing the duties of Lab Technician by the petitioner cannot be granted to him on the ground that while the petitioner was discharging his duties of Lab Technician at that relevant point of time, he was not holding the certificate of registration issued by the Rajasthan Para-Medical Council. Learned Additional Advocate General further submits that the work done by the petitioner is covered under the Definition 2 (c) of the Rajasthan Para-Medical Council Act, 2008 (hereinafter referred to as the Act of 2008) wherein, it has been clearly mentioned that a “Para-medical professional” means a person who holds the recognized Para-medical qualification and is registered as such in the Register of Para-medical professionals maintained under this Act. Since the petitioner was not holding the registration under the Rajasthan Para-Medical Council while discharging the duties of Lab Technician, therefore, as per the rules, the certificate issued by the competent authorities cannot be considered a valid certificate as the work of Lab Technician done by the petitioner was without holding the requi