2010 Supreme(Raj) 256
[2010(3) RLW 2737 (Raj.)]
Rajasthan High Court, Jaipur Bench
HON'BLE AJAY RASTOGI, J.
Anand Mishra & Anr.
Versus
State & Ors.
S.B. Civil Writ Petition No. 5966 of 2009
Decided on 25.02.2010
Sarva Shri Rajendra Soni, Shailesh Pra Sharma, NK Maloo, S.S. Hora, Tanveer, Ahmed, Vinod Gupta, Kailash C. Sharma, R.D. Soni/Kuldeep Aswal, Rampartap Saini, Ripu D.S. Naruka, H.R Kumawat, Praveen Sharma, Rajeev Sogarwal, J.K. Yogi, Rajesh Kala, S.S. Mahla, Shiv C. Gupta & T.C. Sharma, for Petitioners; RP. Singh Addl. Adv. General, for Respondents-States;
Sandeep Saxena & Anoop Agrawal, for Respondents
Headnote:Rajasthan Rural Medical and Health Subordinate Service Rules, 1965 and 2008-Eligibility for the post of Rural Lab. Technician (RLT) and Lab Technician (LT) - Whether diploma certificate conferred by JRN University or from other private institutes in absence of being recognized by council constituted under the Rule 2008, may be registered under Registration of Societies Act or recognized by D.G.H.S. or Govt. of India can be considered as a recognized para medical qualification under the Rules of 1965 or 2008 for the posts of RLT/LT? Held - No - The candidature of the petitioners has rightly been rejected. (p'aras 15 to 19) )
Writ petition dismissed.
Hon'ble RASTOGI, J.-Since all these petitions as per Schedule appended herewith involve common question, hence at joint request, were heard together and are being disposed of by present order.
2. The dispute relates to eligibility of petitioners' who applied for the posts of Rural Lab. Technician/Lab. Technician for their participation in the process initiated by the respondents pursuant to two different advertisements dt.07 /07 /2008 & dt.06/1 0/2009 respectively.
3. Post of Rural Lab. Technician ("RLT") is included in Schedule-IV (Medical Side) of Rajasthan Rural Medical & Health Subordinate Service Rules, 2008 ("Rules, 2008") while post of Lab. Technician ("LT") is included in Schedule- of Rajasthan Medical & Health Subordinate Service Rules, 1965 ("Rules, 1965"). However, eligibility for the post of Lab. Technician (Rural) o under Rules, 2008 or of Lab. Technician under Rules, 1965 is one and the same.
4. The instant petitioners intending to participate in the process of selection initiated by respondents, submitted their applications pursuant to advertisements dt. 07/07/2008 & dt.06/1 0/2009, as the case may be, for the post of Rural Lab. Technician or Lab. Technician; but their candidature was rejected on the premise that they were not holding training of Laboratory Technician from institutes recognized by Government.
5. Earlier, in a bunch of writ petitions (CWP-11339/08 Deepak Nehra vs. State & Other cognate cases, decided vide order dt.06/02/09) this Court directed the petitioners to submit their representation independently to the State Government, which was directed to decide the same within one month. Their representations were rejected by State Government vide order dt.26/03/09 (Ann.12-CWP-5966/09) while holding that Institutes from where training of Lab. Technician acquired by petitioners has not been recognized by State Government; as such they cannot be considered to be eligible for the posts of RLT/LT under Rules, 2008 & 1965, which has been assailed by a bunch of instant petitions.
6. Apart from academic qualification of Secondary Standard, nine months' training of Laboratory Technician from the institutes recognized by ) Government is also one of ,the qualifications for the applicants claiming themselves to be eligible under Rules, 2008 & 1965. Schedule-IV (Medical Side) of Rules, 2008 prescribes minimum qualification of Laboratory Technician (Rural) ad infra:
S. Designation Methods Post Qualifi- Qualifi- Remarks
No. of Post of from cation cation &
recruit- which & Exper-
ment promo- exper- ience for
with % tion is ience Direct
to be for recruit-
made promo- ment
tion
2. Laboratory 100% - - Secondary If no suitable
Technician by Standard person is
direct with 9 available,
recruit- months post shall be
ment Laboratory filled in by
Technician transfer from
Course Laboratory
passed Technician
from appointed
Institutes under
recgonised Rajasthan &
by Govt. Health Subordinate Service, 1965
7. Group A-VI (Para Medical Cadre (Medical) of Schedule-I of Rules, 1965 prescribes minimum qualification of Laboratory Technician ad infra:
S. Name Source Pro- Minimum Post Min Remarks
N. of Post of mo- Qualification from Qual-
irecruit- tion & Experience which fica-
ment for Direct pro- tion &
with recruitment mo- exper-
percen- tion ience
tage is to for
Direct be promo-
recruit- made tion
ment/
4. Labora- 100.00% - Secondary or - - There shall
tory its equivalent be no
Techni- with 9 distinction
cian months between
Training Laboratory
Certificate Technician
from Institute. & Malaria
Recognised Technician.
by Govt., The cadre
Or will be re-
In the event designated
of non- as
availability of Laboratory
candidates Technician
possessing only.
certificate of
9 months
training from
Institution
recognised by
Govt., the
candidates
possessing
the following
qualifications
can be
considered-
Secondary of
a recognized
certificate of
Laboratory
Technology
course run b