- (1.) Heard Mr.S.K.Singodiya, learned counsel for the petitioners.
(2.) The pleaded version of the petitioners is that they have meanwhile completed Diploma Course in Ophthalmic Technician (DOT) from the respondent No.5 i.e.Federation of Ophthalmic Research and Education Centres, a Society registered under the Societies Registration Act, 1860. They have stated further that the Jaipur Calgary Eye Hospital, which is run by a Trust registered under the Indian Trusts Act, 1882 is affiliated to respondent No.5, and impart and conduct the Diploma Course in Opthalmic Techniques. They have stated as well that prior to 1998, there was no recognized institution, university or regulatory body of the government either at the Centre or State level to control and regulate the Diploma Course in Opthalmic Techniques, and therefore, for that purpose, the Central Government issued a notification dated 13.10.1998 through its Ministry of Social Justice and Empowerment, in the exercise of power conferred by sub-clause (viii) of clause (n) of sub-section (1) of Section 2 of the Rehabilitation Council of India Act, 1992 (hereafter referred to as 'the Act'), in terms whereof, in consultation with the Rehabilitation Council of India, Opthalmic Technician was identified as a rehabilitation profession. Respondent No.4, the Director, Jaipur Calgary Eye Hospital, Jaipur on 16.11.1998 through a letter of the even date, requested the Rehabilitation Council of India for its recognition. The respondent No.4 also submitted application on 14.5.2001 to the Director, Medical & Health Department, Rajasthan, Jaipur and the Principal Secretary to Government, Medical & Health Department, Government of Rajasthan to grant recognition of the above Course for the purposes of employment. The petitioners admit that the State Government did not respond to this application, and that, in the absence of any regulatory body in the State to recognize and affiliate the institutions which grant Diploma in Opthalmic Techniques, no step was taken in that regard as well.
(3.) The petitioners have stated that presently, the Rajasthan Medical & Health Subordinate Service Rules, 1965 have been amended vide Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2013, whereunder the condition of eligibility for appointment by direct recruitment to the post of Opthalmic Assistant has been prescribed as hereunder :- "1. Senior Secondary (10 + 2) with physics, Chemistry and Biology; and 2. Two years training course from institute recognized by the State Government";