Amitava Roy, C.J. - (1.) APART from challenging the validity of the Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2013 (for short, hereinafter referred to as '2013 Rules') effecting amendment to the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short, hereinafter referred to as '1965 Rules') so far as it enhances/modifies the academic and other qualifications for direct recruitment to the post of Laboratory Technician, the petitioners seek a direction to the respondents to accept their application forms submitted for that post pursuant to the advertisement dated 26.2.2013 initiating a process therefor and the qualification existed for the post of Laboratory Technician under the 1965 Rules with earlier amendment dated 25.7.1995 be upheld. We have heard Mr. Kapil Gupta, learned counsel for the petitioners.
(2.) FOR the order proposed to be passed, we do not consider it necessary to issue formal notice. Petitioners Hukam Singh, Balram Singh and Prahlad Singh claim to have passed the secondary examination in the years 1990, 1991 & 1992 respectively and also possessed of 9 months Training Certificate in Laboratory Technology from General Hospital, Bharatpur, Maharaja Bheem Singh Hospital, Kota and Umaid Hospital, Jodhpur in 1995. They belong to the OBC. The petitioners have averred that as per the 1965 Rules, the conditions of eligibility for direct recruitment to the post of Laboratory Technician had been secondary or its equivalent with 9 months Training Certificate from a institute recognized by the government, and in absence thereof, secondary or its equivalent with Two Years Training Certificate of Laboratory Technology Course run by Santokba Durlabhji Memorial Hospital, Jaipur or B.Sc. with Biology with Post Graduate Diploma in Laboratory Technology from MDS University, Ajmer with Hospital based Training in the JLN Medical College, Ajmer recognized by the government. By the 2013 Rules, the conditions of eligibility have been modified as hereunder: - 1. Senior Secondary with Biology and diploma in Medical Lab technician from institute recognized by State Government, and 2. Registered in Rajasthan Para Medical Council.
(3.) THE post of Laboratory Technician, under the relevant rules, is to be filled up by direct recruitment and promotion in the ratio of 85 : 15. Under the 2013 Rules, the conditions of eligibility of the candidates for promotion have been prescribed thus: - 1. Senior Secondary with Biology and diploma in Medical Lab Technician from institute recognized by State Government OR Secondary or its equivalent with 9 months Training Certificate from Institute recognized by Government, and 2. Registered in Rajasthan Para Medical Council.;