Allowed

Avneesh Sharma Son of Suresh Chand Sharma v. State of Rajasthan

Rajasthan HC4 Oct 2021WMAP/8/2021

Case brief

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What is this about?

The Rajasthan High Court held that Senior Secondary in Agriculture with Biology fulfills the requirement of Senior Secondary in Science. The petitioner is directed to be treated as eligible for appointment as a Lab Technician.

What did the court decide?

Petitioner considered eligible for appointment as Lab Technician and entitled for registration with Para-Medical Council.

Avneesh Sharma Son of Suresh Chand Sharma… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Miscellaneous Application No. 8/2021

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Avneesh Sharma Son Of Suresh Chand Sharma, Aged About 26 Years, Residence Of Kaila Colony, Jail Road, Dholpur.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Principal Secretary, Medical Health And Family Welfare, Government Of Rajasthan, Secretariat Jaipur.

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Rajasthan Para-Medical Council, Through Its Registrar House No. 6 Everest Colony, Near Apex Mall, Lal Kothi, Tonk Road, Jaipur- 302015.

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Rajasthan Karamchari Chayan Board, Through Its Secretary, Rajya Krishi Prabandh Sansthan Parishar, Durgapura, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Harsh Vardhan Sharma
For Respondent(s)	: Mr. Bharat Saini, AGC

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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04/10/2021

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The petitioner has filed this misc. application for review/recall of the order dated 18.12.2020 passed by this Court praying that the qualification acquired by him should be treated as recognized as the requirement for joining the course of Lab Technician is Senior Secondary in Science with either Biology or Mathematics or its equivalent.

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Learned counsel for the petitioner submits that Agriculture is also a field of Science and therefore it is equivalent for the purpose of admission to Lab Technician and therefore if the

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(2 of 4)

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[WMAP-8/2021]

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petitioner has done Lab Technician course and possesses Senior Secondary in Agriculture with Biology, he is eligible for appointment and the order passed by this Court declaring the petitioner ineligible deserves to be reviewed.

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Reply has been filed by the Rajasthan Para-Medical Council and it has been pointed out that the qualification required is Senior Secondary in Science with either Biology or Mathematics or its equivalent. Thus, the qualification for doing Lab Technician course cannot be Senior Secondary in Agriculture Science with either Biology or Mathematics. Words cannot be added to the qualification as laid down and neither this Court has the requisite knowledge available for declaring any particular subject’s equivalence.

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Learned counsel for the petitioner has taken this Court to the case of Shyam Lal Sharma Vs. State of Rajasthan & Ors. reported in 1994 (2) WLC 393 to submit that agriculture has been treated as a branch of Science and in popular parlance it is known Agriculture Science and it is a Science. Thus, if the petitioner has done Senior Secondary in Agriculture with Biology as one of the subjects, he was rightly allowed to join Lab Technician course.

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On the other hand, learned counsel appearing for the respondent/s has relied on the judgments passed in SBCWP No.7986/2016: Yogesh Kumar Saini Vs. State of Rajasthan & Ors. and SBCWP No.4087/2017: Surendra Kumar Yadav Vs. Rajasthan Para-Medical Council & Anr. to submit that admissions given wrongfully in Jaipur National University to students who had Agriculture as a subject at the Senior Secondary were allowed to withdraw their fees. Learned counsel submits that

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(3 of 4)

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[WMAP-8/2021]

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the very purpose of Lab Technician in Para-Medical cadre denotes subjects which are in the Science category.

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I have considered the submissions. 7. In the normal course, Science is not defined as such, however, there may be a group of subjects which are common for Science like Physics, Chemistry, Maths (PCM) and Physics, Chemistry, Biology (PCB), Life Sciences subjects namely Bio Chemistry and Bio Physics, certain subjects like Geo Physics are also subjects of Science. In a similar manner Agriculture is also a particular subject of Science. Thus, if a student has Agriculture as one of the subjects and he also has a subject of Biology as another subject then the qualification, which is required namely Senior Secondary in Science with either Biology or Mathematics or its equivalent, stands fulfilled.

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The Division Bench judgment cited by the learned counsel for the petitioner i.e. Shyam Lal Sharma (supra) , thus, would have square application to the present issue and in the opinion of this Court, the student who has one of the subjects as Agriculture Science plus he also has Biology or Mathematics as one of the subjects would be said to have done Senior Secondary in Science. 9. In the modern field of education where the science education has lot of diversification and the subject has become vast and students have lot of options available to them, to deny a student appointment who has after doing Senior Secondary also done Lab Technician course by interpreting the subject in a strict constructive manner, would not be a futuristic interpretation. Law is a dynamic field of study and it should be interpreted purposively.

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(4 of 4)

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[WMAP-8/2021]

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Taking into consideration above, this misc. application deserves to be allowed. The petitioner who has done Lab Technician course after having done Senior Secondary Agriculture as one of the subject with Biology as another subject has to be treated as eligible for doing Lab Technician course and the Lab Technician course done by such a person cannot be ignored for the purpose of appointment.

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Accordingly, the petitioner shall be considered eligible and the respondents are directed to treat him eligible for appointment as Lab Technician and would be entitled for registration with the Para-Medical Council.

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Accordingly, the misc. application is allowed.

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(SANJEEV PRAKASH SHARMA),J

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NITIN/70

Avneesh Sharma Son of Suresh Chand Sharma v. State of Rajasthan

Case brief

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Avneesh Sharma Son of Suresh Chand Sharma v. State of Rajasthan

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