STATE OF RAJASTHAN Vs. MUKESH KUMAR SHARMA

JUDGEMENT

(1.) This revision petition, has been directed against the order dated 25/11/94 passed by the learned Additional District Judge, No.1, Bharatpur, whereby he partly allowed the appeals filed by the petitioners and modified the order dated 26.5.94 of the learned Munsif, Bharatpur and directed the petitioners through a temporary injunction for considering the case of non-petitioners on the basis of marks obtained by them in their High School Examinations and thereafter to prepare afresh merit-list for the course of Laboratory Technicians.

(2.) Stated in succinct, the relevant facts are that the Director, Medical & Health Services Rajasthan, Jaipur (petitioner No.2) vide Notification dated 20.1.93 invited applications for the training course of Laboratory Technicians for ten training centres in the State. For the training centre under the control of the chief Medical Officer, Bharatpur (petitioner No.3), applications were invited for 20 seats. It was mentioned in the said notification that the applicant should be a bona-fide resident of Rajasthan, should have pass secondary examination from an institution recognised by State Government. It was further notified that preference shall be given to the candidates, who have passed the secondary examination with Science having the medical group of subjects namely, Chemistry, Physics and Biology. It was also notified that the selection shall be made on merits on the basis of marks secured in secondary examination. In this case the non-petitioner, who has passed the High School Examination from Secondary Education Board, Uttar Pradesh, also applied for the said course. It is alleged that. the candidates having secured 58.4% to 68.5% marks were selected for the said course. It is alleged that the non- petitioner, who has secured more than 60% marks, was not included in the select list, that this case was not even considered on the ground that he did not pass the secondary examination and that in his mark-list, it was shown that he has passed the paper of Science-II, which was vague and it was not discernible that the said paper included Physics & Chemistry subjects.

(3.) The non-petitioner filed Civil Suit in the court of learned Munsif, Bharatpur challenging the said select list. He also separately filed application under order 39 Rule-1 & 2 read with Section 151 C.P.C. The learned Munsif by his order dated 26.5.94 held that the High School examination conducted by the Secondary Board of Education Uttar Pradesh was equivalent to the Secondary Examination, that the said examination was duly recognised by the Rajasthan Government, that case of such candidates should have been considered and that in case two candidates secured equal percentage of marks then the candidate, who has passed the secondary examination with Physics, Chemistry and Biology group should be given preference. He, therefore, allowed his application and through a temporary injunction directed the petitioners to consider the case of non-petitioner, thereafter to prepare a fresh merit-list and to give admission to him in case he was found meritorious on the basis of such merit-list within a month.