NAWAL KISHORE SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These intra-Court appeals have been preferred as against the common order dated 28.03.2011 passed by the Single Bench in S.B. Civil Writ Petition No. 14873/2010, Kailash C. Sharma vs. State & Ors. along with 15 other connected matters. The controversy involved in the present matter is with respect to the qualifications prescribed in Schedule I appended to the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as 'the Rules of 1965'), which were amended in the year 1995. Schedule I appended to the Rules of 1965 provides for post of Laboratory Technician to be filled in 100% by way of direct recruitment and qualification for the said post prescribed is Secondary or its equivalent with nine months Training Certificate from Institution recognised by Government. The alternative qualifications have also been provided which are with respect to two years training certificate of Laboratory Technology Course run by the Santokba Durlabhji Memorial Hospital, Jaipur or B.Sc. with Biology with Post Graduate Diploma in Laboratory Technology from the Maharshi Dayanand Saraswati University, Ajmer with Hospital based training in the J.L.N. Medical College, Ajmer recognised by the Government. The question, in the instant case, is not with respect to alternative qualifications obtained from the aforesaid two in Institutions i.e. Santokba Durlabhji Memorial Hospital, Jaipur and Maharshi Dayanand Saraswati University, Ajmer.

(2.) It is not in dispute that earlier upto 2002 nine months Training Certificate Course used to be run in the State of Rajasthan in various institutions Recognised by the Government. It is also not in dispute that with effect from 2002, Certificate Course of nine months duration as per policy decision has been stopped in the State and training certificate course of two years duration in Laboratory Technology is being provided in various institutions recognised by the Government.

(3.) An advertisement was issued on 06.10.2009 inviting the applications for the posts of Laboratory Technicians. Writ petitions were filed by two sets of incumbents; one who had completed nine months training certificate course from institutions recognised by the Government praying for that only they be appointed not two years duration certificate holders and other set of writ applications were filed by incumbents, who were possessing qualification of two years training certificate/diploma course in Laboratory Technology from the institutions recognised by the Government/Government institutions claiming that they are eligible to be appointed.