RAJPAL VAISHNAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to the respondents to issue the experience certificate on the post of Lab Assistant, allow him to participate in the selection process held for the post of Lab Assistant pursuant to the advertisement dtd. 29/5/2018 and if found eligible, accord him appointment with all consequential benefits.

(2.) It is inter alia indicated in the petition that an advertisement dtd. 29/5/2018 (Annex. 1) came to the issued by the respondents for the post of Laboratory Assistant. The educational and professional eligibility inter alia required the candidates to be secondary or its equivalent and having minimum three years experience of working as Lab Assistant/Lab Technician in State Govt. Hospital on contract basis or through service provider agency. The petitioner applied for the post and inter alia claimed experience based on the certificate issued by the Chief Medical and Health Officer (CMHO) for the period 8/8/2013 to 30/4/2018 as Lab Assistant. However, as the certificate issued to the petitioner on 26/6/2018 (Annex. 8) indicated the petitioner as 'Lab Attendant', the respondents did not take into consideration the said experience for the purpose of eligibility and apparently the candidature of the petitioner has been rejected.

(3.) Learned counsel for the petitioner made submissions that the certificate issued to the petitioner is apparently incorrect inasmuch as he was accorded contractual appointment through placement agency pursuant to the tender notice dtd. 19/7/2013, which was issued for the post of Lab Technician and Lab Assistant only. Though the placement agency by its communication dtd. 26/7/2013 indicated the position of the petitioner as Lab Attendant, the same was immediately rectified on 29/7/2013 (Annex. 5) indicating that 'Lab Attendant' be read as 'Lab Assistant' (Lab Sahayak). The Medical Officer Incharge of Primary Health Centre, Kevalpura, where the petitioner was working, issued certificate dtd. 8/6/2018 indicating the status of the petitioner as Lab Assistant, which was endorsed by the Block Chief Medical Officer on 13/6/2018, however, the CMHO, Chittorgarh issued the certificate indicating the petitioner as Lab Attendant, based on the original letter of appointment, which had been rectified within three days, based on which the petitioner was sought to be deprived of his eligibility for the post in question.