MUNISHWAR NATH BHANDARI,J. - (1.) By this bunch of writ petitions, a challenge is made to the Notification dated 23rd May, 2018 amending the Schedule-I appended to the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short "the Rules of 1965"). This makes petitioners to be ineligible for the post of Lab Assistant. A challenge is thus made even to the advertisement dated 29th May, 2018 for recruitment to the post of Lab Assistant.
(2.) Learned counsel for petitioners submit that prior to the advertisement in question, respondents had issued an advertisement on 10th July, 2013 to fill different posts which includes the post of Lab Assistant. After advertisement of the year 2013, no advertisement was issued till the year 2018 despite existence of the vacancies. The determination of vacancies has to be made on yearly basis, that too, on 1st April of each year followed by selections and appointments. The respondents have failed to do so. If the exercise aforesaid would have taken prior to the amendment in the Rules of 1965, vacancies could have been filled as per the rule then existing with an opportunity to the petitioners to appear in the selection. In view of the above, the post existing or sanctioned prior to the Notification dated 23rd May, 2018 should be filled as per unamended provision. The respondents are, however, applying the amended rules for vacancies existing or fallen vacant prior to the amendment. This has affected rights of the petitioners as they were qualified earlier but by virtue of amendment in the rules, became ineligible.
(3.) To be specific, learned counsel for petitioners have referred the Schedule-I of the Notification dated 28th June, 2013 prior to the amendment. It was providing requirement of one year's experience for the post in question, whereas, it is now of three years' and, that too, as Lab Assistant or Laboratory Technician in the State Government hospitals on contract basis or through Service Provider Agency.;