Ram Niwas Saini S/O Bajrang Lal Saini vs The State Of Rajasthan on 16 December, 2021
Learned counsel for the petitioners may be correct in
pointing out that the work of Radiographer (in the present case
Assistant Radiographer) may involve dealing with X-Rays and
equipments in the concerned field and therefore it may fall within
the ambit of AERB to prescribe the safety standards and
measures. It is therefore that all concerned including the State
Government have correctly posed before this court in case of
Gabbar Singh Meena (supra) that the state authorities are bound
by such safety standards laid down. If part of such safety standard
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directives is to prescribe minimum qualification for any person to
hold the post, the same would also have to be followed. However
by no means this implies that the State Government is devoid of
its powers to prescribe eligibility criteria for posts under the State
service. Article 309 of the Constitution pertains to recruitment and
conditions of service of persons for serving Union or a State. It
provides that subject to the provisions of the Constitution, Act of
the appropriate Legislature may regulate recruitment and
conditions of service of persons appointed to public services and
posts in connection with the affairs of the Union or any State. The
powers to regulate the recruitment and conditions of service of a
person in the State service thus flow from this Article. The State
Government therefore in exercise of such constitutional powers
desired to amend the existing recruitment rules by making
eligibility criteria for the post in question more stringent. In our
view, the same is in no manner in conflict with the safety code
prescribed by AERB.