AMIT KUMAR JHAMB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This batch of 11 writ petitions involving similar controversy is being decided by this common judgment. The facts are illustratively taken from S.B.C.W.P. No. 8909/2009 Amit Kumar Jhamb vs. State of Rajasthan & Ors. and S.B.C.W.P. No. 1187/2011 Lokesh vs. State of Rajasthan & Anr. The petitioners applied for the post of Rural Laboratory Technician in pursuance of Advertisement (Annex. 1) dated 07.07.2008 issued by Medical & Health Services, Department, Rajasthan, Jaipur. The eligibility qualification as given in Clause (6) of the said Advertisement for the said post of Rural Laboratory Technician was as under:-

(2.) The petitioner, Amit Kumar Jhamb, has produced copy of the mark-sheet of having passed with 1st Division of P.G. Diploma Laboratory Technology & Instrumentation Examination, 2007 vide Annex. 5 dated 14.12.2007 from University of Bikaner, a Government College affiliated to Rajasthan University, however, his candidature was rejected by the Additional Director (Adm.), Medical & Health Department, Government of Rajasthan, Jaipur, vide impugned order dated 29.05.2009 (Annex. 10) on the ground that the respondent, Dungar Mahavidhyalaya, Bikaner, was not recognized by the Technical Education Department of the State Government and, therefore, the qualification of P.G. Diploma in Lab Tech. & Instrumentation passed by the petitioner from the said College cannot be said to be recognized by the State Government and, therefore, the petitioner is not eligible for being considered for the said post.

(3.) Learned counsel for the petitioners, Mr. R.S. Choudhary and Mr. H.S. Sidhu, submitted that the Dungar Mahavidhyalaya, Bikaner is a Government College and the Commissioner of College Education, Government of Rajasthan, Jaipur, had himself given the administrative sanction for starting the aforesaid course from Session 2006-07 vide its communication (Annex. 6) dated 10.10.2006 and the petitioner having passed the said course after such approval by the Government of Rajasthan, therefore, the respondent-Medical & Health Department could not say that the course conducted by Dungar Mahavidhyalaya, Bikaner, is not recognized by the State Government and, therefore, the petitioner could not be considered on the post of Lab Technician. Learned counsel for the petitioners also drew the attention of the Court towards the communication of the Technical Education Department, Government of Rajasthan vide Annex. 8 dated 24.01.2007, addressed to said Dugar Mahavidhyalaya, Bikaner, with reference to their letter dated 07.12.2006 that the said course of P.G. Diploma in Lab Tech. & Instrumentation, was not covered by the Courses of A.I.C.T.E. (All Indian Council of Technical Education), which is constituted under All India Council for Technical Education Act, 1987 (an Act enacted by the Parliament), which defines vide Clause 2(g) the word 'Technical Education', to mean programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programmes or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette declare.