The court affirmed that amendments to employment rules requiring registration are applicable at the time of contract renewal, and prior engagement does not confer automatic rights to renewal.

Order

1. The matter comes up for consideration of application (I.A.No.01/2020) filed under Article 226(3) of the Constitution of India seeking vacation of the interim relief which has been granted by this Court on 25.02.2020 in light of order passed in the case of Kishan Singh Gurjar & Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.1888/2020.

2. While submitting that the interim order in the instant case has been passed on the basis of interim order passed in the case of Kishan Singh Gurjar (supra), Mr. Parvat Singh Panwar, learned counsel for the applicant – State informed that the said writ petition has been dismissed on 09.10.2023 as having become infructuous.

3. Arguing on the merit of the case, learned counsel stated that the petitioners, when appointed on the post of Lab Technician on urgent temporary basis, did not have registration with the Rajasthan Paramedical Council and therefore, the State refused to extend their contract once the Rajasthan Medical Education Society Jaipur Personnel’s (Recruitment And Other Conditions) Employment Rules, 2017 (hereinafter referred to as ‘RAJMES Rules, 2017’) came to be amended by the enactment of Rajasthan Medical Education Society Jaipur Personnel’s (Recruitment And Other Conditions) Employment Rules, (Amendment) Rules, 2018, with effect from 26.03.2018.

4. Mr. Parvat Singh, learned Government counsel argued that when the amendments in the RAJMES Rules, 2017 were brought into force, the requirement of having registration with the Rajasthan Paramedical Council has been made mandatory and since the petitioners did not have registration with the Rajasthan Paramedical Council, their engagement was liable to be canceled. He argued that the interim order dated 25.02.2020 deserves to be vacated.

5. Mr. Vivek Firoda, learned counsel for the petitioners argued that the petitioners were appointed pursuant to the recruitment notification dated 11.12.2017, which did not require registration with the Rajasthan Paramedical Council. He further argued that an amendment which has been introduced in the year 2018 cannot be applied retrospectively so as to take away petitioners’ right to continue with the respondent – Department.

6. Mr. Parvat Singh, learned counsel for the State, on the other hand, argued that the petitioners were appointed on urgent temporary basis pursuant to the recruitment notification dated 11.12.2017, which was initially for a period of six months and was extended from time to time; but once an amendment was introduced in the RAJMES Rules, 2017 and requirement of having registration with the Rajasthan Paramedical Council has been made mandatory, the petitioners cannot claim their continuation as a matter of right.

7. Pursuant to the direction issued by this Court on 06.03.2025, learned Government counsel produced the status of the petitioners involved in the present writ petition and submitted that petitioner No.3 - Mohammed Asif Pathan alone is having registration with the Rajasthan Paramedical Council and that too with effect from 18.11.2022. He further stated that the petitioner No.3 was engaged on urgent temporary basis on the basis of his diploma obtained from Para Medical Science and Research Organization, issued on 15.04.2013. Whereafter, he had obtained another diploma from Maharana Pratap Institute of Paramedical Science and Technology, Chittorgarh, on 11.11.2022 which was duly recognized and on the basis of such diploma course, he got himself registered with Rajasthan Paramedical Council on 18.11.2022.

8. Mr. Firoda, learned counsel for the petitioners, at this juncture, submitted that since the petitioner No.3 has got himself registered with Paramedical Council with effect from 18.11.2022 and he has continued with the respondents, his contractual engagement be saved, in case the Court is not inclined to grant any indulgence to the petitioners on the ground of not having registration with the Rajasthan Paramedical Council.

9. Heard learned counsel for the p