D.B. Special Appeal (W) arising from a writ petition dismissed by Single Bench. Bench held appellant lacked statutory eligibility under Rajasthan Medical & Health Rules and dismissed appeal.
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D.B. CIVIL SPECIAL APPEAL (W) NO.802/2013
Madan Lal Khairwa
Vs.
State of Rajasthan & Ors.
DATE OF ORDER : 20.4.2015
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. A.K. Rajvanshy, for the appellant
Under an advertisement dated 26.2.2013 the Department of Medical and Health Services, Government of Rajasthan invited applications from eligible candidates to be considered for appointment as Lab Technician against the existing 1166 vacancies. The eligibility to be considered for appointment to the post aforesaid as per the provisions of the Rajasthan Medical & Health Subordinate Service Rules, 1965 is that the incumbent must possess Senior Secondary School Examination Certificate with a certificate of training from an institute recognized by the Government of Rajasthan or in the event of non-availability of such persons, the persons having Senior Secondary School Examination Certificate with two years Laboratory Technician Training Certificate or Bachelors degree in Science in Biology with Post Graduate Diploma in Laboratory Technology.
The petitioner is not possessing requisite qualification from an institution recognized by the Government of Rajasthan, however, his candidature was not accepted by the respondents to be considered for appointment on the post of Lab Technician. Being
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aggrieved by the same, he preferred a petition for writ, that came to be dismissed by the judgment impugned.
The learned Single Bench held that the petitioner being not having the requisite eligibility is not entitled to be considered for appointment and, therefore, the decision taken by the respondents does not suffer from any wrong.
In appeal, the argument advanced by learned counsel is that the appellant-petitioner is already working on the post of Lab Technician, therefore, his candidature should have not been rejected on the count that he is not having requisite qualification fron an institute recognized by the Government of Rajasthan.
We do not find any merit in the argument advanced.
Admittedly, the petitioner is not having the requisite statutory eligibility, therefore, he is not entitled to be considered for appointment as Lab Technician. We do not find any error with the judgment impugned that may warrant interference in appellate jurisdiction. The appeal is dismissed accordingly.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Sanjay
2 issues framed by the court
Whether an appellant already working as a Lab Technician can be appointed if he lacks requisite statutory eligibility from a recognized institute.
Whether rejection of candidature on grounds of lack of required qualification attracts interference in appellate jurisdiction.
1 provisions across 1 enactments
Madan Lal Khairwa
State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
