ORDER :

ANAND SHARMA, J.

1. Petitioner has filed the present writ petition with following prayer:

"It is therefore humbly prayed that Your Lordship, may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:

1. The respondents may be directed to consider of the candidature of the humble petitioner for selection and consequential appointment on the post of Lab Technician in pursuant to the advertisement dated 31.05.2023 (Annexure-1) with all consequential benefits with effect from the date any candidate with less marks than the humble petitioner in ST Category has been given appointment by the respondents, in the interest of justice.

2. The result of the petitioner which was withheld on 11.06.2024, in the result dated 11.06.2024 (Annexure-6), may be directed to be declared with all consequential benefit of selection and appointment in the interest of justice.

3. The action/omission on the part of the respondents in not making registration earlier and now making registration of the petitioner on 08.07.2004 with the same qualification and specifications without any further addition may be ordered to be treated to have been committed a delay at the end of the respondent-Rajasthan Paramedical Council and the same may be ordered not to cause any adverse effect or fetal effect on the selection and consequential appointment of the humble petitioner in the interest of justice.

4. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner. "

2. Learned counsel for the petitioner submits that although, petitioner acquired requisite qualification of B.Sc. MLT for the post of Lab Technician, 2021 and subsequently, the petitioner also submitted an application for registration with Rajasthan Paramedical Council on 31.12.2021 yet, on the pretext that the degree was obtained from Mahatma Gandhi University of Medical Sciences and Technology therefore, his registration was withheld.

3. Learned counsel submits that the controversy with regard to veracity and validity of degree of the aforesaid University has already been decided by the Division Bench of this Court in the case of Rajasthan Para Medical Council Vs. Tara Chand Sharma & Ors. in D.B. Special Appeal (Writ) No. 66/2021 and other connected appeals decided on 06.05.2024, therefore, the petitioner was subsequently registered with Rajasthan Para Medical Council.

4. Learned counsel submits that only on account of non- registration of the petitioner's degree with Rajasthan Para Medical Council, at the relevant time, his candidature was not considered pursuant to advertisement dated 31.05.2023 issued by the respondents for recruitment on the post of Lab Technician. Learned counsel submits that in the light of judgment of Pinki Yadav & Ors.Vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 17418/2016, the respondents are required to consider the candidature of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has participated in the recruitment process for the post of Lab Technician pursuant to aforesaid advertisement where, he has secured 44.481% marks in the category of ST (Male) and cut off marks for the aforesaid category as declared by the respondents is 36.6807.

6. Learned counsel for the respondents opposed the writ petition and submitted that it is a settled proposition of law that the candidate submitting application pursuant to any recruitment advertisement, is bound to possess the requisite qualification as well as requirement of registration on the last date of submitting the application form. In the instant case, admittedly, the petitioner was not registered with Rajasthan Para Medical Council on the last date of submitting the application form. Hence, he could not have been considered. Therefore, there is no infirmity in the action taken by the respondents.

7. Learned counsel for the respondent-Rajasthan Para Med