High Court dismissed a writ petition challenging Rajasthan Government amendments to recruitment rules for Lab Assistant. Court held petitioners were ineligible for the 2018 advertisement and would gain nothing by striking down amendments introducing experience-based exemptions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 520/2022
----Petitioners
Versus
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[CW-520/2022]
Rajasthan, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bishnoi through V.C.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
Order
14/01/2022
The petitioners have challenged the notification dated 09.12.2021 issued by the State Government making certain amendments in the Rajasthan Medical & Health Subordinate Service Rules, 1965 in relation to the post of Lab Assistant. The post is to be filled 100% by direct recruitment. In the year 2018 amendments were brought in the said rules, by virtue of which the qualifications prescribed were as follows:-
and
However, for the first time recruitment, after the commencement of the Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2018, any persons possessing.-
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and
or
having minimum three years experience of working as Laboratory Assistant, Laboratory Technician in State Government Hospitals on contract basis or through Service Provider Agency, shall also be eligible."
By virtue of the impugned amendment, now the qualifications prescribed for the post in question are as under:
“1. Senior Secondary with Science from recognized Board or its equivalent examination; and
However, as one time measure, those who do not possess any recognized professional qualification but passed secondary examination from a board recognised by the State Government and having minimum three year’s experience of service as Laboratory Technician or Laboratory Assistant in State Government Hospital Laboratory on contract basis or through Service Provider Agency shall also be eligible for the recruitment to the post of Laboratory Assistant advertised vide dated 29.05.2018. All such selected candidates shall have to undergo a bridge course of not less than six months duration, as may be specified by the State Government and such a bridge course must be completed within two years from the date of appointment.”
It appears that the State Government had initiated steps for filling up the posts in the year 2018 for which purpose advertisement was issued on 29.05.2018. The petitioners were not eligible at the relevant time. Therefore, they did not apply. By virtue of the impugned amendments, as one time measure, the qualification of diploma and medical laboratory technology has
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been exempted in case of those who have minimum three years experience of service as laboratory technician or laboratory assistant in the Government hospitals laboratory on contract basis. This is effective for those who applied in response to the advertisement dated 29.05.0218.
We do not understand how the petitioners can succeed by challenging the amendments. On 29.05.2018 they were not eligible. Whether the relaxation recognized by the Government are otherwise valid or not, the petitioners would not in any manner be benefited by striking down the impugned amendments.
In the result, the petition is dismissed.
(REKHA BORANA),J
(AKIL KURESHI),CJ
3-a.asopa/-
3 issues framed by the court
Whether petitioners challenging recruitment rules amendments for Lab Assistant post are entitled to relief given they were ineligible at relevant time.
Whether exemptions for candidates with prior experience apply to petitioners who did not apply for the 2018 advertisement.
Validity of one-time relaxation of diploma requirement for experienced contract workers under Rajasthan Medical & Health Subordinate Service Rules.
2 provisions across 2 enactments
Rajwant Singh and others
State Of Rajasthan
Akil Kureshi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
