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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Suresh Kumar, S/o Shri Deepa Ram – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical – Respondent
Order :
(ARUN MONGA, J.)
1. Petitioner herein, an aspirant to become a Laboratory Technician, is before this Court seeking an appropriate writ, order or direction in the nature of mandamus directing the respondents to grant him appointment on the said post pursuant to advertisement in question issued in June, 2020, with all consequential benefits.
2. The petitioner completed the three-year BMLT course, passing all three parts of the examination successfully. Afterward, the petitioner applied for and was appointed to the position of Lab Technician on a UTB basis at the Respondent Government Medical College, Pali, starting on 15.01.2018, and has continued in the role to this date. In June 2018, the petitioner applied for registration as a Para Medical Personnel with the Rajasthan Para Medical Council (RPMC). However, on 30.07.2018, the RPMC rejected the application, stating that the petitioner’s BMLT degree was from a university not authorized to offer paramedical courses, without providing an opportunity for hearing.
2.1. In June 2020, the respondent Board issued an advertisement for the position of Lab Technician. The petitioner, meeting all the educational qualifications, was eligible
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
Eligibility criteria for public service positions cannot solely depend on the timing of professional qualifications when educational qualifications are met prior to the notification date, violating p....
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 wi....
The court emphasized the importance of substantial compliance with the requirements of the advertisement and the duty of the court to impart substantial justice.
The delay in obtaining a required certificate, beyond the petitioner's control, should not render the petitioner ineligible for appointment, especially when vacancies exist and there is a need for mo....
The delay in issuing the recognition notification should not penalize an individual who has fulfilled the basic eligibility norms and was meritoriously selected for a position.
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