ANEESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) One of the main issues raised in these petitions is whether old vacancies are required to be filled- up on the basis of old Rules.

(2.) It is not in dispute that the petitioners in all these petitions possessed the minimum qualification of 10+2, two years diploma in Medical Lab Technology and were registered with the Medical Council, as was the eligibility prescribed under the Recruitment and Promotion Rules for the post of Medical Laboratory Technician, Grade-II, in the year 2004.

(3.) However, their grievance is that since the vacancies of Medical Laboratory Technician were not filled- up at the relevant time, therefore, these vacancies should be filled-up on the basis of old Rules and not on the basis of amended/repealed Rules, effected vide notification dtd. 11/9/2012, whereby minimum qualification has been changed to 10+2 with only Science and subsequently B.Sc. Medical Laboratory Technology/B.Sc Medical Technology Laboratory/B.Sc Medical Technology Laboratory/B.Sc Medical Laboratory Science/B.Sc. in Medical Laboratory Technology (Lateral), has been made essential qualification vide notification dtd. 17/1/2020.