DR. MANISH SONI Vs. STATE OF RAJASTHAN THROUGH THE PRINCIPAL SECRETARY
LAWS(RAJ)-2017-12-30
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on December 11,2017

Dr. Manish Soni Appellant
VERSUS
State Of Rajasthan Through The Principal Secretary Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. "It is, therefore, most humble prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction, the impugned order dated 03.05.2017 (Annex.9) and order dated 04.05.2017 (Annex.10) deserves to be quashed and set aside and respondents may kindly be directed to continue the services of the petitioner on the post of District Level Consultant (Fluorosis) under the National Programme for Prevention and Control of Fluorosis (NPPCF) at Nagaur district. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly passed in favour of the petitioner. Costs of the writ petition may kindly be awarded to the petitioner."
(2.) The petitioners are basically District Consultant Fluorosis and Lab Technicians Fluorosis under a common Scheme known as National Programme for Prevention and Control of Fluorosis (hereinafter referred to as the NPPCF). Under this programme, the Additional Director (R&H), Medical & Health Service, Rajasthan, Jaipur vide advertisement 10.01.2009 invited applications from individuals for job of District Consultant, Field Investigator and Laboratory Technicians. The petitioners were given appointment on being held qualified.
(3.) It is commonly pointed out by the learned counsels for the petitioners that the difficulty arose when the qualifications were amended for the NPPCF and the new qualification introduced in 2012, which reads as under: Govt. of Rajasthan Directorate of Medical and Health Services, Raj. Jaipur National Programme of Prevention and Control of Fluorosis Qualification for the post of Consultant, Field Investigator and Lab Technician Name of Post Essential qualification Desirable Remuneration District Level (a) For Medical Person: At least 3 years 35000/- Consultant Post Graduate Degree experience after (consolidated) (MD) in community post graduate per month Medicine/Public Health/ medical Biochemistry/ qualification / Microbiology/ Doctorate Pathology/ Community qualification for Resource or non medical in Management/Environm research/ ental health or teaching/ equivalent. laboratory (b) For Non medical services/ Person: Doctorate programme Degree (PhD) implementation Biochemistry/Nutrition/ etc. Microbiology/ Molecular Biology/ Life Science/ Public Health/ Community Resource or equivalent. Field Investigator 10+2 with science at 10,000/- least 50% aggregate (consolidated) marks preference will per month be given to candidates with 50% and above marks. Lab Technician As per State 10,000/- Government (consolidated) recruitment per month ;


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