MAHIPAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners by this writ petition have prayed that the respondents may be directed to allow the petitioners to join the training course of laboratory technician at the place opted by them.

(2.) This writ petition has been filed by three persons espousing the same cause. The Medical and Health Department advertised the training course of the laboratory technician and for that they invited applications from the candidates who have passed secondary examination in the Scheme of 10 + 2 as recognised by the Government of Rajasthan. The petitioners applied for this course. The petitioner No. 1 passed secondary examination with Mathematics and other subjects viz., Biology and two science subjects i.e. Physics and Chemistry. The petitioner No. 2 passed secondary examination in the desired subjects i.e. Biology, Physics and Chemistry. The petitioner No. 3 also passed secondary examination in Biology, Chemistry and Physics. All the three petitioners applied for the course but their applications were not.entertained as these candidates belong to Alwar and Bharatpur Districts. Therefore, they approached this Court by filing the present writ petition and prayed that they may be admitted to the course. The reasons for not entertaining their applications was that the petitioners belong to Bharatpur and Alwar districts, they cannot be admitted at Bikaner/Jaipur district. The petitioner No. applied at Jaipur and the petitioners Nos. 2 and 3 applied at Bikaner. Though this kind of jumbling of the causes of action is not permissible and that is misconceived. However, since it is a matter of students, therefore, I don't propose to dismiss the petition on account of misjoinder of causes of action but it should not be taken to be precedent for future. The question is that whether these candidates can apply to the other district where they don't belong. In this connection it is submitted that the Annx, 1 which has been issued by the Director of Medical and Health, it lays down that the candidate should be of the particular district. But all these three persons are not of Jaipur or Bikaner district, therefore, they were not admitted to the course. It is contended that there is no basis or no justification for making a district to be basis for admission to the course when the candidates from Rajasthan submit application, they cannot be discriminated on the basis of district and denied admission to course.

(3.) A reply has been filed by the respondents and the respondents have submitted that so far as the petitioner No. 1 is concerned, he is not eligible because he has not passed both subjects i. e. Physics and Chemistry. In this connection the respondent has produced a mark-sheet (Annx. R-1) which does not disclose as to which science two subjects include, therefore, it is contended by the learned counsel for the respondents that the petitioner No. 1 is not eligible. No justification has been pointed out for making the admission district-wise and it has not been pointed out that what is the basis of the classification.