- (1.) HEARD learned counsel for the appellant. The judgment and order dated 19.10.2005 rendered in S.B.Civil Writ Petition No.4350/1999 has been impugned by the appellant -writ - petitioner .
(2.) THE facts, in short, are that the appellant -writ petitioner had passed the Prathma Examination in the year 1983 from the Hindi Sahitya Sammellan, Allahabad. He was appointed as Laboratory Attendant under the respondents vide order dated 25.3.1980 of the Superintendent, Associated Groups of Hospitals, Jodhpur and according to him, his service in the said post was confirmed in the year 1984. The appellant - writ petitioner claimed that in view of his efficiency and capability, though his substantive post was Laboratory Attendant, he used to be entrusted with the works of Laboratory Technician, a higher post. He has averred that in fact he had been entrusted with the responsibility of the said post from 7.2.1984 and had been shifted to Orthopaedic department of M.G. Hospital, Jodhpur and for all practical purposes, has been working full -fledged as such since the year 1987. In between, the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short, hereinafter referred to as "the Rules") had been framed and the same was amended in the year 1982. In terms of the Rules, the conditions of eligibility for appointment to the post of Laboratory Technician were prescribed as hereinbelow: - (a) Academic Qualification - A pass of Secondary or its equivalent examination. (b) Nine (9) months Training Certificate from Institution recognized by the Government. While the matter rested at that, the Director, Medical and Health Services (Welfare), Government of Rajasthan, Jaipur issued a notification on 11.7.1990 soliciting application forms from the eligible candidates for undertaking training for Laboratory Technician. It was inter -alia mentioned therein that a person, who had passed the secondary examination could apply and that preference would be accorded to those who had passed the said examination with Science subjects i.e. Physics, Chemistry and Biology. Though the appellant -writ petitioner did apply, he was not admitted to the Course on the ground that he did not possess the necessary qualification. He being aggrieved approached this Court by filing S.B.Civil Writ Petition No.3464/90 and in terms of the interim order passed therein, he was allowed to participate in the training which he duly completed. The writ petition, however, was finally disposed of on 4.10.1996 without addressing his other grievances. The appeal filed by him being D.B.Civil Special Appeal (Writ) No.724/97 (Def.) was also dismissed noticing that meanwhile, he had completed the training in Laboratory Technician Course.
(3.) THE respondents inspite of the above having held that the appellant -writ -petitioner was not entitled to be appointed as Laboratory Technician as he was deficient qua the academic qualification prescribed by the Rules, he being aggrieved instituted S.B.Civil Writ Petition No.4350/1999 seeking redress contending principally that the degree of Prathma for all intents and purposes was equivalent to that of secondary education or any degree at par therewith.;