Rajasthan High Court - Jaipur
Smt Kanchanbala Goyal vs Raj Subordinate And Mini&Ors; on 13 December, 2016
Author: Ajay Rastogi
Bench: Ajay Rastogi
(1 of 4)
[CW-17480/2016]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B.CIVIL WRITS NO. 17480 / 2016
Smt. Kanchanbala Goyal Wife of Shri Ratan Kumar Bhatt,
Caste-Bhatt (SC), Lab Technician, Aged About 39 Years,
Address: Jawaharlal Nehru Medical College, Ajmer & Resident of
3/34, Pal Beesla, Ajmer
----Petitioners
Versus
1. Rajasthan Subordinate and Ministerial Services Selection
Board, Government Agriculture Management Institute Premises,
Address: Durgapura, Jaipur Through Its Secretary
2. The Secretary to the Government, Department of Medical &
Health Services, Address: Secretariat, Jaipur
3. Rajasthan Para-medical Council , G-1, Kisam Bhawan,
Address: Lal Kothi, Jaipur Through Its Registrar
----Respondents
__________________________________________ For Petitioners : Mr.Ashish Saksena, Adv. For Respondents :
__________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI Judgment 13/12/2016 The petitioner as alleged was appointed on the post of Lab.Technician vide order dt.28.09.2013 on urgent temporary basis u/R.27 of the Rajasthan Medical & Health Subordinate Service Rules, 1965. However, prior thereto, in the year 2005 he was admitted to Diploma in Medical Lab Technology Course conducted by Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur and Diploma was awarded to him on 09.01.2015.
(2 of 4) [CW-17480/2016] The post of Lab.Technician came to be notified by the respondents vide advertisement No.10/2016 dt.10.10.2016 and the petitioner also filled his application form based on the Diploma which he obtained from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur and registration with Rajasthan Para-Medical Council which is one of the conditions of eligibility to participate in the selection process has been cancelled by the Council vide order dt.17.11.2016.
The order of the Registrar of the Council dt.17.11.2016 indicates about the judgments of this court in S.B.Civil Writ Petition No.226/2009 [Lohade Ram Meena Vs. State of Rajasthan & Ors.], S.B.Civil Writ Petition No.11460/2015 [Sultan Singh Vs. State of Rajasthan & Ors.] & order dt.08.05.2015 passed by the Division Bench of this court in D.B.Civil Special Appeal (W) No.1097/2013 wherein it has been held that in view of Sec.22 of the UGC Act, the Deemed University is not competent to award Diploma and that being so, the very diploma obtained by the petitioner from a Deemed University in absence of having competence to award Diploma, the earlier registration of the petitioner has been cancelled.
Counsel for the petitioner submits that the petitioner was throughout registered with the Rajasthan Para-Medcial Council and at the fag end when he intended to participate in the selection process initiated by the respondents, at this juncture he was informed that the University is not competent to award Diploma & his registration stands cancelled and if the (3 of 4) [CW-17480/2016] information about cancellation of his registration would have been supplied to him prior thereto, certainly the petitioner would have taken further steps in acquiring a Diploma from a recognized institution.
At the same time, counsel further submits that under the Rajasthan Medical & Health Subordinate Service Rules, 1965 there is a provision of relaxation in age/experience and in the given facts & circumstances at least the petitioner deserves indulgence for being granted relaxation in experience to make him eligible to participate in the selection process pursuant to the advertisement dt.10.10.2016.
The submission made is wholly bereft of merit for the reason that once the view has been expressed that the Deemed University is not competent to award Diploma, the very Diploma awarded to the petitioner being incompetent and action taken by the Council in the light of the judgments of this court in cancelling his registration vide order dt.17.11.2016 (Annex.22) needs no further indulgence and the question at least remains no more res integra to be considered for Single Bench of this court.
As regards submission made for granting relaxation in experience to the petitioner is concerned, is without substance for the reason that Diploma in Para-Medical is the professional qualification and it cannot be relaxed under the relevant Service Rules, 1965 at the same time if at all the relaxation is (4 of 4) [CW-17480/2016] permissible, it is not for this court to grant indulgence, as prayed for.
Consequently, the petition being devoid of merit, accordingly stands dismissed.
(AJAY RASTOGI)J. Solanki DS, PS