PURUSHOTTAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer that the respondents be directed to allow the petitioner to have training for the post of Laboratory Technician in the Laboratory Technician Training Course.

(2.) IT is submitted by Mr. G. S. Fauzdar, learned counsel, that an advertisement (Ann. 3) was published on 7. 9. 90 by respondent No. 1, inviting applications for training in the Lab. Technician Training Course. IT is further submitted that the petitioner possessed all the required qualifications and applied to be selected for District Bharatpur. However, when the merit list was published, the name of the petitioner was not mentioned therein, even though, he obtained 57. 5% marks. Respondent No. 4, whose name appeared at S. No. 14, was selected even though, he had only 53. 7% marks. The petitioner was not selected, as is evident from the return filed by the respondents, since his certificate of residence is alleged to be forged and that he was not bona fide resident of village Gunsara, Tehsil Kumher, District Bharatpur. IT is pointed out that alongwith rejoinder, Anx. RJ/1 Ration Card of 1977 & Anx. RJ/2 Ration Card of 1980, were filed, wherein the name of the petitioner is shown. Anx. RJ/3 is a certificate of Headmaster of Government Primary School, Kumher, certifying that the petitioner is a bona fide resident of Gunsara and he studied in the school from 6. 12. 73 to 15. 5. 78 upto 5th Class. Anx. RJ/4 is also a certificate of Headmaster, Government Secondary School, Gunsara, certifying that the petitioner was student in the said School from 6. 7. 78 to 7. 7. 81 and studied from 6th Standard to 8th Standard. He left the School on 7. 7. 81 Anx. RJ/5 is certificate of Sarpanch, certifying that the petitioner is bona fide resident of village Gunsara. Anx. RJ/6 is voters' list, in which, name of the petitioner is also shown. Anx. RJ/7 is certificate of Mahatma Gandhi Smarak Inter College, Sonk (Mathura), certifying that the petitioner was regular student of Inter College and he passed High School Examination in 2nd Class. IT is also certified that the petitioner had also, in his course, subjects of Science, i. e. , Physics & Chemistry and he passed the same. Anx. RJ/8 is certificate of Principal of Janata Inter College, Margora, certifying that in the certificate of High School (10th Class), meaning of subjects Science-2 is study of Physics as well as Chemistry. IT is, therefore, contended by the learned counsel for the petitioner that the petitioner had passed High School Examination, was bona fide resident of village Gunsara, District Bharatpur, Rajasthan and had Science & Mathematics subjects also. He was, thus, more meritorious than respondent No. 4 and should have been given preference for admission in the training course.

(3.) IN the result, the writ petition is allowed. Respondents No. 1 to 3 are directed to give admission to the petitioner immediately, on payment of necessary charges, if any. The petitioner shall also be allowed to appear in the Examination, which may be taken for the current training course, that was started in October, 1990 and his result shall be declared.