Dr. Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition for the following reliefs:- "a) by an appropriate writ, order or direction the order the respondent may kindly be directed to include the name of the petitioner in the merit list for appointment on the post of Laboratory Assistant after assigning him proper merit under the OBC category and; b) by an appropriate writ, order or direction the respondents may kindly be further directed to accord appointment to the petitioner on the post of laboratory Assistant with all consequential benefits; c) Any other writ, order or direction which is deemed just and proper by the Hon'ble Court in the facts and circumstances of the case may also be passed in favour of the petitioner. d) Cost of the writ petition may kindly be awarded in favour of the petitioner."
(2.) The facts as noticed by the Court are that the petitioner belongs to OBC class, who participated in selection process for appointment on the post of Laboratory Assistant pursuant to advertisement dated 01.7.2013. The necessary qualification stipulated was to the effect that a candidate should have passed his Secondary and its equivalent qualification and must possess diploma/certificate course in Medical Laboratory Technician from any institute recognized by State Government OR should possess have one year's experience in Medical Laboratory operated by the State Government. The petitioner was having necessary educational qualification and two years diploma course in Medical Laboratory Technology from an Institute of Paramedical Science. The petitioner as a matter of fact was working as Lab Technician since 2007 in Revised National Tuberculosis Control Programme run by the State Government through the District Health Committee, Jodhpur and had worked under the said programme upto the year 2011, thus, has acquired experience of more than four years and two months as required by the respondents in Condition no. 6 of the advertisement. The petitioner's name did not find place in the provisional list issued by the respondents, even when he secured 59.02 marks and he ought to have been placed at Sr. No. 16 in the merit list. The only reason of denying appointment to the petitioner is that he gained experience under Revised National Tuberculosis Control Programme run by the State Government through the District Health Committee.
(3.) Learned counsel for the respondent has pointed out from the reply that since petitioner had obtained diploma certificate from Revised National Tuberculosis Control Programme run by the State Government, which is not a recognized institute by State Government for imparting Laboratory Technology Training, therefore, the experience, if any, gained under contractual engagement cannot be considered as experience required under the Rules of 1965, however, when counsel for the respondent being asked whether other candidates having experience of same kind have been given appointment. Learned counsel for the respondent admitted that the persons having experience from Revised National Tuberculosis Control Programme run by the State Government have been given benefit of such experience. On such statement made by learned counsel for the respondents, the writ writ petition is allowed. The respondents are directed to consider petitioner's candidature for appointment on the post of Laboratory Assistant by taking into consideration his experience of four years and two months rendered in Revised National Tuberculosis Control Programme run by the State Government. Necessary consideration is required to be made within a period of thirty days from today. The petitioner, if otherwise found eligible, then he shall be given appointment accordingly. Further appointment of the petitioner shall relate back to persons just lower to him in merit but were given benefit of such experience rendered by them in similar institute, however, that shall be of notional in nature.;