Dismissed

Ram Niwas Saini S/O Bajrang Lal Saini v. the State of Rajasthan

Rajasthan HC16 Dec 2021CW/7160/2020

Case brief

AI extract

What is this about?

This writ petition challenged notification amending Rajasthan Medical and Health Subordinate Service Rules to raise eligibility for Assistant Radiographers. The Court upheld the amendment under Article 309, holding it conflicts with AERB safety standards prescribed higher minimums.

What did the court decide?

Petitions dismissed. No merit found in the challenge to the recruitment rules amendment.

Ram Niwas Saini S/O Bajrang Lal Saini Vs the State… — Service and Employment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Writ Petition No. 7160/2020

¶3

Ram Niwas Saini S/o Bajrang Lal Saini, Aged About 47 Years, R/o 47, Ganesh Vihar, Kvp Purv, Jamdoli, Agra Road, Jaipur (Raj.)

¶4

Ajay Pal Singh S/o Dalpat Singh, Aged About 28 Years, R/o Rajputo Ka Bas, Sedriya Balotran, Jalore (Raj.)

¶5

Anil Kumar Sharma S/o Ramniwas Sharma, Aged About 34 Years, Near Panchayat Samiti, Anta, Baran (Raj.)

¶6

Ajit Mundel S/o Jagdish, Aged About 34 Years, R/o Talab Ka Rasta Marwar Mundwa, Merwer Mundwa, Nagaur (Raj.)

¶7

Ashok Kumar Pandey S/o Jagdish Prasad Sharma, Aged About 34 Years, Buntoli Baniyana, Dausa (Raj.)

¶8

Bhagu Ram Mahala S/o Bodu Ram Mahala, Aged About 26 Years, R/o Village Sabalpura, Via Kuchanmancity, Nagaur (Raj.)

¶9

Banwari Lal Mali S/o Noratmal Mali, Aged About 29 Years, R/o 157, Bagwal Ki Dhani, Ghati Road, Malpura, Tonk (Raj.)

¶10

Bhojraj Jangid S/o Satyanarayan Jangid, Aged About 31 Years, R/o Satra, Churu (Raj.)

¶11

Ranveer Singh Gurjar S/o Kajodmal Gurjar, Aged About 34 Years, Dhoret, Har Rampura Jamwaramgarh, Jaipur (Raj.)

¶12

Bajarang Lal S/o Hanuman Singh, Aged About 44 Years, R/o Ladhro Ki Dhani Kerwali, Neem Ka Thana, Charwas, Puranawas, Sikar (Raj.)

¶13

Dharmpal S/o Dungar Das, Aged About 46 Years, R/ov-6 Apd Sri Vijayanagar, Sriganganagar (Raj.)

¶14

Devi Singh Thanak S/o Bhikam Chand Thanak, Aged About 39 Years, R/o Thanako Ka Bas, Khichan, Jodhpur (Raj.)

¶15

Dinesh Kumar S/o Madan Lal, Aged About 26 Years, R/o Sutaro Ka Mohalla, Guradiya Kalan, Jhalawar (Raj.)

¶16

Gaurav Kumar Sharma S/o Ramnarayan Sharma, Aged About 31 Years, R/o Basdev Nagar, Dausa (Raj.)

¶17

(2 of 14)

¶18

[CW-7160/2020]

¶19

Goparam S/o Ghewar Ram Dewasi, Aged About 25 Years, R/o 79 Raiko Ki Dhani, Tarbadiya Kalan, Hiradeshar, Jodhpur (Raj.)

¶20

Govind Kumar Sharma S/o Hanuman Sahai Sharma, Aged About 32 Years, R/o 12 Krishna Colony, Sushilpura, Near Durgamandi, Sodala, Jaipur (Raj.)

¶21

Hari Ram Gil S/o Ladu Ram Gil, Aged About 30 Years, R/o Ward No.2, Kemri Ki Dhani, Khirod, Nawalgarh, Jhunjhunu (Raj.)

¶22

Hemant Kumar Acharya S/o Motilal, Aged About 30 Years, Sarada Chawand, Udaipur (Raj.)

¶23

Jagdish Prasad Jangid S/o Kumbha Ram Jangir, Aged About 38 Years, R/o Ward No.3, Near Thakur Ji Ka Mandir, Gorisar, Churu (Raj.)

¶24

Jitendra Kumar S/o Bhanwar Lal, Aged About 36 Years, R/o Ward No.6, Chaiya Rawatsar, Hanumangarh (Raj.)

¶25

Jitendra Singh S/o Sadhu Singh, Aged About 34 Years, R/o Basedi, Dholpur (Raj.)

¶26

Kailash Kumar Yadav S/o Bhagwan Lal Yadav, Aged About 47 Years, R/o Ward No.6, Patela Marg Via Near School, Dungarur (Raj.)

¶27

Kamlesh S/o Dulichand, Aged About 34 Years, R/o Primary Health Centerwala Mohalla, Raithal, Baran (Raj.)

¶28

Kapil Kumar Sen S/o Shyam Sunder Sen, Aged About 26 Years, R/o R.k.puram, Kota (Raj.)

¶29

Kuldeep Sharma S/o Jagdish Prasad Sharma, Aged About 30 Years, R/o 8/165, Shikshak Colony, Gupteshwar Road, Dausa (Raj.)

¶30

Lalit Kumar S/o Satyanarayan Verma, Aged About 31 Years, R/o Mahaveer Bhawan, Chod Upasara Ki Gali, Kuchaman City, Nagaur (Raj.)

¶31

Laxmi Lal Kalal S/o Bhagu Ji Kalal, Aged About 44 Years, R/o Vpo, Bhorai, Via Intali Kheda, Tehsil Semari, District Udaipur (Raj.)

¶32

Laxmi Lal Kalal S/o Mohan Lal Kalal, Aged About 34 Years, R/o Vpo Jhadol Tehsil Sarada, District Udaipur (Raj.)

¶33

Lavlesh Kumar Gour S/o Rajendra Prasad Gour, Aged About 37 Years, R/o Katara Mohalla Neaer Town Post Office Roopwas, District Bharatpur (Raj.)

¶34

(3 of 14)

¶35

[CW-7160/2020]

¶36

Lokesh Prajapat S/o Narayan Lal, Aged About 27 Years, R/o Dhimani Jhadol, Udaipur (Raj.)

¶37

Mahavir Prasad Nagar S/o Harishankar Nagar, Aged About 42 Years, R/o Bamori Kalan, Mangrol, Baran (Raj.)

¶38

Mukesh Kumar Yadav S/o Ram Charan Yadav, Aged About 36 Years, R/o Tehla Suhana, Degod, Kota (Raj.)

¶39

Narottam Lal Purohit S/o Late Sh.prabhu Lal Purohit, Jagat Magri, Udaipur (Raj.)

¶40

Nakul Jain S/o Rakesh Chandra Jain, Aged About 34 Years, Nehru Bazar, Near Post Office, Rishabhdev, Kherwada, Udaipur

¶41

Pawan Kumar Meena S/o Ram Pratap Meena, Aged About 33 Years, R/o Tisaya Mangrol, Baran (Raj.)

¶42

Pramod Kumar Sharma S/o Suresh Chand Sharma, Aged About 41 Years, R/o Anaj Mandi, Vajirpur, Sawaimadhopur (Raj.)

¶43

Prakash Kadela S/o Pusaram Kadela, Aged About 34 Years, R/o S-25 Loko Colony, Samdari Jhibana, Barmer (Raj.)

¶44

Rajendra Kumar Saini S/o Rugaram, Aged About 30 Years, Sahwa, Taranagar, Churu (Raj.)

¶45

Rajesh S/o Hanuman, Aged About 28 Years, R/o Chhani Badi, Hanumangarh (Raj.)

¶46

Rajkumar S/o Deda Ram, Aged About 51 Years, R/o Sardarpura, Jodhpur (Raj.)

¶47

Rakesh Kumar S/o Pat Ram, Aged About 37 Years, R/o Ward No.12, Near Mandir Hariram, Goluwala Niwadan, Hanumangarh (Raj.)

¶48

Rakesh Kumar Rahad S/o Sh.chand Rahad, Aged About 31 Years, R/o Ladusar, Jhunjhunu (Raj.)

¶49

Ram Chandra Saini S/o Jagdish Prasad Saini, Aged About 42 Years, R/o Sanikuwa Pakodiya, Ward No.11, Vpo Nangal, Via Udaipurvati, District Jhunjhunu (Raj.)

¶50

Ramlal Lodha S/o Devi Lal Lodha, Aged About 41 Years, R/o Lakshmipura, Amedha Aklera, Jhalawar (Raj.)

¶51

Ram Prakash Sharma S/o Lala Ram, Aged About 40 Years, 15, Dhandhala Ki Dhani, Birajpura, Jaipur (Raj.)

¶52

Ram Singh Rathore, S/o Ajeet Singh, Aged About 41 Years, R/o S.o.k. Diagnostic Centre, Rajpath Marg,

(4 of 14)

[CW-7160/2020]

Sambhar Lack, Jaipur

Ravindra Kumar Sharma S/o Nathu Lal, Aged About 43 Years, R/o 2/280, Housing Board Colony, Sawai Madhopur (Raj.)

¶57

Sanjay Bhim Singh S/o Kan Singh, Aged About 29 Years, Nepa Ka Bas , Amrabad, Dausa (Raj.)

¶58

Shailendra Joshi S/o Champa Lal Joshi, Aged About 36 Years, R/o Udai Sagar Choraha, Bichhadi, Udaipur (Raj.)

¶59

Sohan Lal S/o Lal Chand, Aged About 28 Years, Bala Rajpura, 46 Rbb Padampur, Sriganganagar (Raj.)

¶60

Suman Byamal D/o Nemi Chand, Aged About 31 Years, R/o Shithal, Udaipurwati, Jhunujhunu (Raj.)

¶61

Sunil Dangi S/o Om Prakash, Aged About 26 Years, R/o Govindpura Jakhira, Jhunjhunu (Raj.)

¶62

Sunil Kumar Sharma S/o Sanwar Mal Sharma, Aged About 33 Years, R/o Ward No.23, Janta Colony, Ajitgarh, Sikar (Raj.)

¶63

Sunil Kumar Tiwari S/o Shashi Dular Tiwari, Aged About 40 Years, R/o Tiwari Pada, Todabhim, Karauli (Raj.)

¶64

Suraj Kumar Bairwa S/o Ramesh Chand Bairwa, Aged About 30 Years, R/o Malagbas Khuri Kala, Dausa (Raj.)

¶65

Surendra Kumar S/o Mahaveer Soukhl, Aged About 30 Years, R/o P.no.359, Vpo 3 E, Choti Gali No.4, Ssb Road, Ganganagar (Raj.)

¶66

Suwa Lal Choudhary S/o Shiv Karan Choudhary, Aged About 34 Years, R/o Village Tikel Naukan, Tehsil Phagi, Jaipur (Raj.)

¶67

Vinod Rathore S/o Suresh, Aged About 30 Years, R/o Mandola Ward, Near Masjid, Baran (Raj.)

¶68

Abdul Jahid S/o Abdul Raffiq, Aged About 32 Years, R/o 736, Mehandipura Dug, Jhalawar (Raj.)

¶69

Abdul Khaliq S/o Abdul Rashid, Aged About 41 Years, R/o Nai Abadi, Village Dug, Tehsil Gangdhar, District Jhalawar (Raj.)

¶70

Mohammad Aslam S/o Mohammad Asgar, Aged About 31 Years, R/o Naya Bas, Jhunjjunu (Raj.)

¶71

Mohammad Sabir S/o Jafar, Aged About 36 Years, R/o Ward No.8, Near Saini Guest House, Ratangarh, Churu (Raj.)

¶72

(5 of 14)

¶73

[CW-7160/2020]

¶74

Mukim Ahmed S/o Abdul Majid, Aged About 48 Years, R/o Ward No.12, Chomahla, Bhawani Mandi, Jhalawar (Raj.)

¶75

Sheru Mohammad S/o Mohammed Hanif, Aged About 40 Years, R/o Near Moti Masjid, Manohar Thana, Jhalawar (Raj.)

¶76

Yunus Beg S/o Majoor Beg, Aged About 44 Years, R/o Ward No.20, Nardiyan Mohalla, Rajgarh, Sardulpur, Churu (Raj.)

¶77

Lalit Kumar Mehar S/o Kanhaiya Lal Mehar, Aged About 42 Years, R/o Near Gayatri Mandir, Devar Bakani, Jhalawar (Raj.)

¶78

Prakash Chandra Bairwa S/o Ramesh Chand Bairwa, Aged About 33 Years, R/o Malangbas Khurri Kala, Dausa (Raj.)

¶79

Sunil Kumar Dhetarwal S/o Nemi Chand, Aged About 27 Years, R/o Taranagar, Churu (Raj.)

¶80

Harshad Dave S/o Devi Lal Dave, Aged About 40 Years, R/o Brahmin Mohalla, Chopasag, Banswara (Raj.)

¶81

Shahid Khan S/o Shafi Khan, Aged About 27 Years, R/o Shahjusar, Churu (Raj.)

¶82

Imran Khan S/o Amiruddin, Aged About 30 Years, R/o Jugnu Colony, Pidawa, Jhalawar (Raj.)

¶83

Vikal Yadav S/o Ram Niwas Yadav, Aged About 42 Years, R/o 64/476, Pratap Nagar Housing Board, Sanganer, Jaipur.

¶84

Saiyad Manjur Ali S/o Haidar Ali, Aged About 26 Years, R/o Village Sunail, Tehsil Pidawa, Distt. Jhalawar (Raj.).

¶85

Udai Deep Singh S/o Chandra Singh, Aged About 42 Years, R/o Bajigaro Ka Mohalla, Godara Bas, Fatehgarh, Hanumangarh (Raj.)

¶86

Yogesh Kumar S/o Ramgopal Rahi, Aged About 51 Years, R/o Lakheri, Bundi (Raj.)

¶87

Abdul Karim S/o Shankar, Aged About 51 Years, R/o Near Garmpura Masjid, Lakheri, Bundi (Raj.)

¶88

Suresh Kumar S/o Gordhan Ram, Aged About 38 Years, R/o Berla, Surajgarh, Jhunjhunu (Raj.)

¶89

Jitendra Sahu S/o Ramavtar Sahu, Aged About 36 Years, R/o Ambika Colony, Teliyon Ka Talab,tonk.

¶90

Dinesh Kumar Vashishtha S/o Shri Kedar Nath Sharma, Aged About 44 Years, R/o Taksal Ki Gali, Near Girls School

¶91

(6 of 14)

¶92

[CW-7160/2020]

¶93

Rajgarh, Distt. Alwar Raj.

¶94

----Petitioners

¶95

Versus

¶96

The State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

¶97

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jan Path, Jaipur.

¶98

The Director, Medical And Health Services, Swasthaya Bhawan, Tilak Marg, C- Scheme, Jaipur

¶99

Rajasthan Para Medical Council, Through Its Registrar, G- 1, Kisan Bhawan, Lal Kothi, Jaipur (Raj.)

¶100

----Respondents

¶101

Connected With

¶102

D.B. Civil Writ Petition No. 13281/2018

¶103

Vikal Yadav Father/o Ram Niwas Yadav, Aged About 42 Years, R/o 64/476, Pratap Nagar Housing Board, Sanganer, Jaipur

¶104

Sachin Pandey Father/o Om Prakas Pandey, Aged About 47 Years, R/o House No.a-32, Chetak Vihar-A, Jamdoli, Luniwas, Jaipur (Raj.)

¶105

Gamdoor Singh Father/o Jasvant Singh, Aged About 32 Years, R/o Ward No.1, Hinawali 7 Dlp, Hanumangarh (Raj.)

¶106

Laxmi Lal Kalal Father/o Mohan Lal Kalal, Aged About 32 Years, R/o Vpo Jhadol Tehsil Sarada, District Udaipur (Raj.)

¶107

Mukesh Kumar Prajapat Father/o Badrilal Prajapat, Aged About 32 Years, R/o Ward No.2, Ratlam Road, Vpo Nogawan District Pratapgarh (Raj.)

¶108

Ram Chandra Saini Father/o Jagdish Prasad Saini, Aged About 30 Years, R/o Sanikuwa Pakodiya, Ward No.11, Vpo Nangal, Via Udaipurvati, District Jhunjhunu (Raj.)

¶109

Dinesh Kumar Father/o Madan Lal, Aged About 35 Years, R/o 40, Sutaro Ka Mohalla, Guadiya Kalan, Jhalawar (Raj.)

¶110

Anil Kumar Sharma Father/o Ram Niwas Sharma, Aged About 32 Years, R/o Panchayat Samiti Ke Pass, Anta, District Baran (Raj.)

¶111

(7 of 14)

¶112

[CW-7160/2020]

¶113

Surendra Kumar Father/o Mahaveer Soukhl, Aged About 28 Years, R/o P.no.359, Vpo 3 E, Choti Gali No.4, Ssb Road, Ganganagar (Raj.)

¶114

Ram Niwas Saini Father/o Bajrang Lal Saini, Aged About 35 Years, R/o 47, Ganesh Vihar, Kvp Purv, Jamdoli, Agra Road, Jaipur (Raj.)

¶115

Rakesh Kumar Father/o Pat Ram, Aged About 37 Years, R/o Ward No.12, Near Mandir Hariram, Goluwala Niwadan, Hanumangarh (Raj.)

¶116

Bhagu Ram Mahala Father/o Bodu Ram Mahala, Aged About 25 Years, R/o Village Sabalura, Via Kuchanmancity, Nagaur (Raj.)

¶117

Laxmi Lal Kalal Father/o Bhagu Ji Kalal, Aged About 38 Years, R/o Vpo, Bhorai, Via Intali Kheda, Tehsil Semari, District Udaipur (Raj.)

¶118

Guman Singh Father/o Rajendra Singh, Aged About 34 Years, R/o Kelwara, District Baran (Raj.)

¶119

Parmeshwar Kumar Payak Father/o Rajendra Kumar Payak, Aged About 29 Years, R/o Rajnagar, District Rajsamand (Raj.)

¶120

Rajkumar Bose Father/o Deda Ram Bose, Aged About 49 Years, R/o Sardarpura, Jodhpur (Raj.)

¶121

Rajendra Kumar Saini Father/o Ruga Ram Saini, Aged About 28 Years, R/o Sahaba Tehsil Taranagar, District Churu (Raj.)

¶122

Rajkumar Arya Father/o Prema Ram Arya, Aged About 40 Years, R/o 676, Patiya Bhim, Tehsil Bhim, District Rajsamand (Raj.)

¶123

Jagdish Prasad Father/o Devi Lal, Aged About 22 Years, R/o Ward No.6, Ramdev Mandir Road, Bhawna School Ke Pass, Suratgarh, Ganganagar (Raj.)

¶124

Dhanraj Nagar Father/o Mohan Lal Nagar, Aged About 39 Years, R/o Thakur Ji Ke Mandir Ke Pass, Village Rani Heda, Post Bada, Samaspur Lisadia, District Baran (Raj.)

¶125

Abdul Khaliq Father/o Abdul Rashid, Aged About 41 Years, R/o Nayi Abadi, Village Dag, Tehsil Gangdhar, District Jhalawar (Raj.)

¶126

Shri Krishan Chejara Father/o Banshidhar Chejara, Aged About 40 Years, R/o Wared No.19, Shastri Nagar, Losal, Tehsil Dantaramgarh, District Sikar (Raj.)

¶127

(8 of 14)

¶128

[CW-7160/2020]

¶129

Yogesh Kumar Father/o Ram Gopal Rahi, Aged About 53 Years, R/o Ward No.5, Charan Das Ke Balaji, Ganeshpura, Lakherigaon, Bundi (Raj.)

¶130

Jitendra Kumar Sahu Father/o Ramavtar Sahu, Aged About 34 Years, R/o Ambika Colony, Tonk (Raj.)

¶131

Brijesh Kumar Father/o Latoor Lal Mehra, Aged About 44 Years, R/o Neeche Ka Mohalla, Gandhpura, Lakheri District Bundi (Raj.)

¶132

Abdul Karim Father/o Shakoor, Aged About 49 Years, R/o Ward No.21, Garmapura, Lakheri, Indergarh, Bundi (Raj.)

¶133

Ram Singh Rathore Father/o Ajit Singh Rathore, Aged About 39 Years, R/o Rajput Ka Mohalla, Moondgasoi, Nagaur (Raj.)

¶134

Anil Kumar Father/o Krishan Lal, Aged About 26 Years, R/o Vpo Nyolkhi, Tehsil Rawatsar, District Hanumangarh (Raj.)

¶135

Mandeep Singh Father/o Baltes Singh, Aged About 35 Years, R/o Ward No.11, Chistiyan, 2 Jdw, Hanumangarh (Raj.)

¶136

Suwa Lal Choudhary Father/o Shiv Karan Choudhary, Aged About 34 Years, R/o Village Tikel Naukan, Tehsil Phagi, Jaipur (Raj.)

¶137

Mukesh Patidar Father/o Bheru Lal Patidar, Aged About 30 Years, R/0 Plot 235, Ward 10 Teh.- Nimach, Mohalla Kheriya Nimach Kalan, Madhya Pradesh

¶138

Pankaj Mathur Father/o Shami Mathur, Aged About 35 Years, R/o Pankaj Vilas , 386, Bapu Nagar Vistar Near Bhuri Pali (Raj.)

¶139

Lavlesh Kumar Gour Father/o Rajendra Prasad Gour, Aged About 44 Years, R/o Katara Mohalla Neaer Town Post Office Roopwas, District Bharatpur (Raj.)

¶140

Surendra Singh Father/o Jaswant Singh, Aged About 25 Years, R/o Village Mokhampura, Post Chotarasi, District Pratapgarh

¶141

----Petitioners

¶142

Versus

¶143

The State Of Rajasthan Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

¶144

Principal Secretary, Department Of Personnel, Govt. Of

¶145

(9 of 14)

¶146

[CW-7160/2020]

¶147

Rajasthan, Secretariat, Jan Path, Jaipur

¶148

The Director, Medical And Health Services, Swasthaya Bhawan, Tilak Marg, C-Scheme, Jaipur

¶149

Rajasthan Para Medical Council Through Its Registrar, G- 1, Kisan Bhawan, Lal Kothi, Jaipur (Raj.)

¶150

----Respondents

¶151

D.B. Civil Writ Petition No. 13350/2018

¶152

Ram Singh Rawat Father/o Shri Ram Karan Rawat, Aged About 30 Years, R/o Dhani Ramawali (Kharkhada) Post Shyampura, Tehsil Bansur

¶153

Krishan Kumar Rawat S/o Shri Ram Karan Rawat, Aged About 28 Years, R/o Dhani Ramawali (Kharkhada) Post Shyampura

¶154

----Petitioners

¶155

Versus

¶156

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health Service, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶157

State Of Rajasthan Through Plrincipal Secretary, Department Of Personnel, Government Of Rasjasthan, Government Secretariat, Jaipur.

¶158

Director Medical And Health Services, Jaipur.

¶159

Additional Director (Administration) Medical And Health Services, Jaipur.

¶160

----Respondents

¶161

For Petitioner(s) : Mr. Vigyan Shah Mr. Harendra Meel Mr. Mahendra Sharma Mr. Akshat Gupta For Respondent(s) : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, AAG Mr. Bharat Saini, AGC

¶162

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

16/12/2021

(10 of 14)

[CW-7160/2020]

The petitioners have challenged the notification dated 30/08/2013 issued by the State Government making amendment in the existing recruitment rules prescribing eligibility criteria for the post of Assistant Radiographer in Medical and Health Department of the State Government. Brief facts are as under:-

¶168

The petitioners hold the qualification of Secondary School Certificate and the Radiography course from the government recognised institute. They have been engaged on contractual basis as Assistant Radiographers since the year 2013 and are working in such capacity since then. It is undisputed that prior to the year 2013 the educational qualifications required for the post in question were Secondary or its equivalent with 18 months radiographer course pass. By virtue of the impugned notification dated 30/08/2013 the Rajasthan Medical and Health Subordinate Service Rules, 1965 came to be amended. In relation to the Assistant Radiographers the changes brought about were that the post would now be filled up entirely through direct recruitment instead of 50% through direct recruitment and 50% through promotion as was previously done. The eligibility criteria were also changed to “Senior Secondary (Science) with either Biology or Mathematics or its equivalent qualification with Radiography course passed from an institute recognised by the State Government/Central Government/Rajasthan Para Medical Council; and registered in the Rajasthan Para Medical Council.” Obviously since the petitioners do not possess these qualifications, the State Government does not consider them eligible for the post in question. On the basis of these amended recruitment rules the State Government has initiated the recruitment process on the available vacant posts. The petitioners have therefore at that

¶169

(11 of 14)

¶170

[CW-7160/2020]

¶171

stage filed the present petition and challenged the amendments made in the recruitment rules by the impugned notification dated 30/08/2013.

¶172

Main thrust of the argument of the counsel for the petitioner was that the State Government has no authority to prescribe independent eligibility criteria for the post in question since the field is occupied by central legislation in connection with the subject which falls in List I to the 7^th Schedule of the Constitution. Our attention was drawn to the Union List (List 1); 7^th Schedule in which Entry 6 pertains to atomic energy and mineral resources necessary for its production. Our attention was also drawn to the Atomic Energy Act, 1962. Section 2(h) of the Act defines the term “radiation” as to mean gamma rays, X-rays and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles, but not sound or radio waves, or visible, infrared or ultraviolet light.

¶173

Learned counsel for the petitioner further drew our attention to a communication dated 26/11/2012 from the Chairman of Atomic Energy Regulatory Board along with which AERB safety code was amended. Under these amendments for X-Rays Technologists the revised requirements prescribed are “All x-ray installations shall have a radiologist/related medical practitioner or a qualified x-ray technologist, with adequate knowledge of radiation protection, to operate the x-ray unit.” Our attention was also drawn to yet another communication dated 26/11/2012 under which for the X-Ray Technologist what is made compulsory is Radiographer’s/X-ray technologist’s course (including in-field training in diagnostic radiology) passed from a recognised institution/Board/University.

¶174

(12 of 14)

¶175

[CW-7160/2020]

¶176

Based on such literature it was strenuously contended before us that the State Government had no authority to deviate from the qualifications prescribed by the AERB for the post of Assistant Radiographer. The prescription of having passed Radiographers Technologist Course from a recognised institution/Board/University was unshakable. To buttress this argument our attention was also drawn to a judgment of Division Bench of this court dated 19/07/2018 in case of Gabbar Singh Meena and others Vs. State of Rajasthan and others (DBCWP No.13280/2018) in which in relation to the challenge to the State Government policy stand of the State Government was that the State cannot ignore the safety code for medical diagnostic X-ray equipments and installation.

¶177

Learned counsel for the petitioners also submitted that all the petitioners are working satisfactorily in the State service since long. Any change in the recruitment rules requiring higher education qualifications cannot be applied to the petitioners.

¶178

The State Government has filed a reply and opposed the petition principally taking the stand that recruitment rules have been framed in exercise of the powers under Article 309 of the Constitution and the rules are legal and valid.

¶179

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

¶180

(13 of 14)

¶181

[CW-7160/2020]

¶182

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.

¶183

To put it differently the State Government is bound to maintain the safety standards and follow the safety measures prescribed by the AERB in the safety code in relation to dealing with ‘radiation’ as defined in Section 2(h) of the Atomic Energy Act. However this does not restrict or take away the powers of the State Government to prescribe appropriate eligibility conditions including the minimum qualifications required for recruitment to the post in question. It is not the case where the amended qualifications breach the standers prescribed by the AERB in the safety code. It merely requires the candidate to possess higher qualifications in order to be eligible.

¶184

(14 of 14)

¶185

[CW-7160/2020]

¶186

The petitioners are not appointed on regular basis in government service. Any change in the recruitment rules will apply to all candidates who desire selection in government service after the amendments in the rules.

¶187

In the result, we find no merit in the petitions. The same are dismissed.

¶188

All pending applications are also disposed of.

¶189

(UMA SHANKER VYAS),J

¶190

(AKIL KURESHI),CJ

¶191

ANIL KUMAR GOYAL/BMG/9-11

Ram Niwas Saini S/O Bajrang Lal Saini v. the State of Rajasthan

Case brief

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Ram Niwas Saini S/O Bajrang Lal Saini v. the State of Rajasthan

Case brief

What is this about?

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What the court decided

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