RASTOGI, J. - (1.) SINCE all these petitions as per Schedule appended herewith involve common question, hence at joint request, were heard together and are being disposed of by present order.
(2.) THE dispute relates to eligibility of petitioners who applied for the posts of Rural Lab. Technician/Lab. Technician for their participation in the process initiated by the respondents pursuant to two different advertisements dt.07/07/2008 & dt.06/10/2009 respectively. Post of Rural Lab. Technician ("RLT") is included in Schedule-IV (Medical Side) of Rajasthan Rural Medical & Health Subordinate Service Rules, 2008 ("Rules, 2008") while post of Lab. Technician ("LT") is included in Schedule- of Rajasthan Medical & Health Subordinate Service Rules, 1965 ("Rules, 1965"). However, eligibility for the post of Lab. Technician (Rural) under Rules, 2008 or of Lab. Technician under Rules, 1965 is one and the same. The instant petitioners intending to participate in the process of selection initiated by respondents, submitted their applications pursuant to advertisements dt. 07/07/2008 & dt.06/10/2009, as the case may be, for the post of Rural Lab. Technician or Lab. Technician; but their candidature was rejected on the premise that they were not holding training of Laboratory Technician from institutes recognized by Government. Earlier, in a bunch of writ petitions (CWP-11339/08 Deepak Nehra vs. State & Other cognate cases, decided vide order dt.06/02/09) this Court directed the petitioners to submit their representation independently to the State Government, which was directed to decide the same within one month. Their representations were rejected by State Government vide order dt.26/03/09 (Ann.12-CWP-5966/09) while holding that Institutes from where training of Lab. Technician acquired by petitioners has not been recognized by State Government; as such they cannot be considered to be eligible for the posts of RLT/LT under Rules, 2008 & 1965, which has been assailed by a bunch of instant petitions. Apart from academic qualification of Secondary Standard, nine months' training of Laboratory Technician from the institutes recognized by Government is also one of ,the qualifications for the applicants claiming themselves to be eligible under Rules, 2008 & 1965. Schedule-IV (Medical Side) of Rules, 2008 prescribes minimum qualification of Laboratory Technician (Rural) ad infra: JUDGEMENT_2737_RAJLW3_2010Image1.jpg JUDGEMENT_2737_RAJLW3_2010Image2.jpg
(3.) GROUP A-VI (Para Medical Cadre (Medical) of Schedule-I of Rules, 1965 prescribes minimum qualification of Laboratory Technician ad infra: JUDGEMENT_2737_RAJLW3_2010Image3.jpg JUDGEMENT_2737_RAJLW3_2010Image4.jpg In most of writ petitions, petitioners did their Diploma in Medical Laboratory Technology from Janardan Rai Nagar Rajasthan Vidyapeeth University ("JRN University"), Udaipur, being established u/S. 3 of .the UGC Act, 1956 vide notification dt. 12.01.1987 of Government of India; while there is i another bunch of writ petitions where the petitioners did Diploma/Certificate course of Medical Laboratory Technology from various institutes run by the Societies registered under Society's Registration Act. After examining writ petitions, the Court has been able to find out few of the institutes, from which the petitioners did their training - on the basis whereof they claim themselves to be eligible for the posts of RLT/LT :- (1) One year's Diploma from PMTS of India & PMTO of India registered by Delhi Administration, Government of India under SR Act XXI of 1860 (CWP-5244/09, 5248/09, 9505/09, 14667/09); (2) Indian Medical Association, New Delhi registered Society through 5 its School - (a) Sevayatan Institute of Para Medical Science, Sikar (CWP-8188/09), (b)Rajdhani Institute of Para Medical Technology, Alwar(CWP-l 5880/09); (3) Institute of Para Medical Technology, New Delhi (One year Diploma) (CWP-5250/09); (4) Sanjeevan Institute of Paramedical Sciences & Nursing Jaipur (CWP-13458/09) (5) University of Tech. & Sciences, Raipur (CWP-15861/09) (6) Institute of Public Health Hygiene, New Delhi (CWP-14158/09) & 14667/09 (Mahesh Kr. Dewat); (7) Punjab Technical University Jalandhar (CWP-16038/09); (8) Sanford Institute of Paramedical Sciences Bangalore (CWP- 13458/09) & Indian Health & Para Medical Research, Bikaner (CWP- 16096/09) under Continuing Education Centre approved by All Indian Council for Technical Education (statutory body of Government of India); (9) Baba Haridas College of Pharmacy & Technology New Delhi under Board of Technical Education, Delhi (CWP-14125/09); (10) VMRF Deemed University Salem (Tamilnadu) (CWP-14667/09 - Vasudev Sharma) All these are Drivate institutes registered under registration of societies Act or with Indian Medical Association recognised by Director, Health & Medical Service Government of India. Indisputably, the training of medical laboratory technology imparted by these private institutes (supra) is not being recognized by the Government. ;