Rajasthan High Court - Jodhpur
Umesh Joshi vs . on 21 January, 2015
Author: Govind Mathur
Bench: Govind Mathur
1
D.B. CIVIL SPECIAL APPEAL (W) NO.1423/2014
Umesh Joshi
Vs.
The State of Rajasthan & Anr.
DATE OF ORDER :: 21.1.2015
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Rakesh Chotia, for the appellant
...
By advertisement dated 19.2.2013 the Department of Medical and Health Services, Government of Rajasthan, Jaipur invited applications from eligible candidates for appointment to the post of Opthalmic Assistant, a post under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter referred to as 'the Rules of 1965'). As per the Rules aforesaid, the eligibility to be considered for appointment on the post aforesaid is two years training in Ophthalmology from an institution recognized by the Government of Rajasthan in addition to Senior Secondary School Examination Certificate.
The candidature of the petitioner was rejected by the respondents from consideration for appointment to the post aforesaid on the count that he was not having two years' training in Ophthalmology from an institution recognized by the Government of Rajasthan.
The decision of the respondents was challenged by him by way of filing a petition for writ with assertion that he is having 2 bachelors degree in Clinical Optometry from Bhartiya Vidyapeeth University, Pune, a Deemed University as per the University Grants Commission Act, 1956, therefore, he is required to be treated eligible to be considered for appointment to the post of Opthalmic Assistant.
The learned Single Bench dismissed the petition for writ by holding that the requirement of Rule is of two years training from an institution recognized by the Government of Rajasthan and the petitioner is not having the same.
In appeal, the submission of learned counsel for the appellant is that the qualification available with him is quite higher than the one desired under the Rules and, therefore, his candidature should have been considered for appointment to the post concerned.
We do not find any merit in the argument advanced. The eligibility prescribed under the Rules of 1965 to be considered for appointment to the post of Opthalmic Assistant is that the aspirant is required to have Senior Secondary School Certificate with two years training from an institution recognized by the Government of Rajasthan. The appellant may be having bachelors degree in Clinical Optometry but admittedly he is not having requisite training from an institution recognized by the Government of Rajasthan, as such, he is laking eligibility. The 3 respondents, thus, rightly denied consideration for appointment to the post of Opthalmic Assistant in pursuant to advertisement dated 19.2.2013. We do not find any wrong with the decision of the respondents as well as in dismissal of petition for writ. The appeal, as such, is having no merit, hence dismissed.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J. Sanjay