Rajasthan High Court - Jaipur
Zaheer Hussain vs State (Medical And Health)Ors on 8 February, 2017
Author: Alok Sharma
Bench: Alok Sharma
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
S.B CIVIL WRIT PETITION NO. 17464/2015
Zaheer Hussain Sayyd S/o Shri Gaffar Hussain Sayyd, aged about 41 years, R/o Sayyed
House, Gali No. 4, Dhobi Talai, Bikaner - 334001, Rajasthan.
...Petitioner
Versus
1. State of Rajasthan through the Principal Secretary, Medical & Health Department,
Government Secretariat, Jaipur.
2. The Director, Medical & Health Department, Swathya Bhawan, Tilak Marg, C-Scheme,
Jaipur.
3. The Additional Director (Administration) (Non-Gazetted), Medical & Health
Department, Swathya Bhawan, Tilak Marg, C-Scheme, Jaipur.
...Respondents
Date of Order: February 08, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Iliyas Khan, for the petitioner.
Mr. Sanjay Sharma, Addl. GC for respondents.
BY THE COURT:
The petitioner has claimed appointment on the post of Assistant Radiographer pursuant to advertisement dated 10-7- 2013/30-8-2013 issued by the Medical & Health Department.
The facts of the case are that the petitioner applied for one of the 1593 posts of Assistant Radiographer pursuant to an 2 advertisement dated 10-7-2013 as amended on 30-8-2013, fancying that he possessed the requisite qualifications which rendered him eligible for the post.
The petitioner was however not included in the select list declared on 31-7-2015. He in the circumstance, not unusually, pleads unfair exclusion despite his purported eligibility to be appointed to the post in issue and higher merit than those appointed.
The defence of the respondents for not selecting the petitioner is that he only worked as an Apprentice Lab Technician (Radiology) and passed the test conducted by the National Council at the end of the training from MN Hospital Bikaner. This was requisite qualification for the post of Lab Technician. Working as an apprentice under the Apprentice Act, 1961 cannot be equated to a reading in a course recognized by the Government. Further the petitioner was not registered with the Rajasthan Para Medical Council, another requirement of eligibility to be appointed an Assistant Radiographer under the Rajasthan Medical and Health Subordinate Service Rules, 1965. Therefore he was not rightly included in the select list.
Heard. Considered.
Counsel for the petitioner has not been able to satisfy the court that MN Hospital Bikaner, where the petitioner worked as an 3 Apprentice Lab Technician can be equated with a regular course of Lab Technician at an institution recognized by the State Government or that the petitioner was registered with the Rajasthan Para Medical Council. Reliance by counsel for the petitioner on a National Apprenticeship Certificate issued by National Council at the end of training as an Apprentice under the Act of 1961 is no substitute for passing a course in Radiography at an institution recognized for the purpose by the State Government. The petitioner does not clearly satisfy the pre conditions under the advertisement dated 30-8-2013 for appointment to the post of Assistant Radiographer. As such he was rightly excluded from the select list and appointment to the post of Assistant Radiographer.
There is no force in the petition. Dismissed.
(Alok Sharma), J.
arn/ 4 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.