RAJENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the petitioners-herein, who are graduates in Science with B. Sc. Degree alongwith Diploma in Investigative Bio Technology of Lab Technician obtained by them from the University of Rajasthan, have a common cause to challenge the action of the respondents by which they have not been considered for appointment on the post of Lab Technician in Medical and Health Department. The ground of denial is that the petitioners are not duly qualified since the Diploma of Lab Technician has not been obtained by them from Maharshi Dayanand Saraswati (for short `mds') University Ajmer but they have obtained the said Diploma from the University of Rajasthan.

(2.) THE controversy therefore which exists in this writ petition is whether the respondents could refuse to consider the petitioners' eligibility for the post of Lab Technician merely on the ground that they do not fulfill essential qualification for the post of Lab Technician since the Diploma in Investigative Bio Technology has been obtained by them from the University of Rajasthan and not from the M. D. S. University. THE detailed fact of the case are not essential to relate in this case as it is an admitted position that the petitioners are eligible in all other respects for the post of Lab Technician except that their qualification of Diploma in Investigative Bio Technology was questioned by the respondents-authorities and they were deprived of the opportu- nities to participate in the selection process for the post of Lab Technician. THE peti- tioners obviously felt aggrieved with the action of the respondents and therefore they have filed this writ petition against the respondents action as illegal and unjustified.