Rajasthan High Court - Jodhpur
Ved Prakash Bhambhoo vs State & Ors on 9 May, 2013
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:ORDER:
1. S.B. Civil Writ Petition No.3432/2013.
(Anuj Kumar Vs. State of Rajasthan & Others)
2. S.B. Civil Writ Petition No.3523/2013.
(Ved Prakash Bhambhoo Vs. State of Rajasthan & Others)
3. S.B. Civil Writ Petition No.3431/2013.
(Murlidhar Kumawat Vs. State of Rajasthan & Others)
4. S.B. Civil Writ Petition No.3525/2013.
(Sarvan Kumar Vs. State of Rajasthan & Others)
5. S.B. Civil Writ Petition No.3524/2013.
(Narendra Singh Vs. State of Rajasthan & Others)
6. S.B. Civil Writ Petition No.3533/2013.
(Surender Mohan Vs. State of Rajasthan & Others)
7. S.B. Civil Writ Petition No.3465/2013.
(Saurabh Purohit Vs. State of Rajasthan & Others)
8. S.B. Civil Writ Petition No.3398/2013.
(Rasheed Khan Vs. State of Rajasthan & Others)
9. S.B. Civil Writ Petition No.3534/2013.
(Madan Lal Khairwa Vs. State of Rajasthan & Others) DATE OF ORDER : May 09, 2013 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr. A.K. Rajvanshy for the petitioners. Mr. Yashpal Khileri, Dy. Govt. Counsel.
In all the above writ petitions, the petitioners are claiming consideration for appointment on the post of Assistant Radiographer-cum-Laboratory Technician in 2 pursuance of order dated 26.02.2013 (Annex.-9) amended vide order dated 11.03.2013 (Annex.-10).
Learned counsel for the petitioners submits that all the petitioners are possessing Diploma in Medical Laboratory Technology from Para Medical Council of India, Karnal (Haryana), constituted under S.R. XXI of 1860 of Government of India, Janardhan Rai Nagar Rajasthan Vidyapith, (Deemed University) Udaipur and All India Council for Technical Education, Bangalore, therefore, they became entitled for being appointed on the post of Assistant Radiographer-cum-Laboratory Technician in pursuance of the advertisement dated 26.02.2013 issued by the respondents.
While filing reply to the writ petition, learned counsel for the respondents submits that identical issue has already been decided by the Jaipur Bench of this Court in the case of Lohade Ram Meena Vs. State of Rajasthan & Others, S.B. Civil Writ Petition No.226/2009, decided on 30.03.2012 along with various other writ petitions, in which, it has been held that the Diploma in Medical Laboratory Technology from Janardhan Rai Nagar Rajasthan Vidyapith (Deemed University), Udaipur and similar qualification from different institutions and recognized by different bodies is not the equivalent qualification of Diploma as provided in the advertisement.
The Division Bench at the Jaipur Bench also decided 3 the same controversy in D.B. Civil Special Appeal (Writ) No.802/2011, decided on 19.10.2011, whereby, it has been held that the only qualification which is provided in the Rajasthan Medical Subordinate Service Rules 1965 can be considered for appointment on the post of Laboratory Technician.
In view of above, in the considered opinion of this Court, the petitioners are not eligible for appointment on the posts of Laboratory Technician in pursuance of the advertisement dated 26.02.2013. Therefore, while following the aforesaid judgment dated 30.03.2012 passed by the learned Single Judge at Jaipur Bench, Jaipur, so also, the Division Bench judgment dated 19.10.2011 all the above writ petitions are dismissed.
No order as to costs.
(Gopal Krishan Vyas) J.
Ojha, a.