PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners participated in recruitment process for the post of Lab Technician in pursuance of notification dated 10.10.2016 under the provisions of Rajasthan Medical and health Subordinate Service Rules, 1965 ('the Rules of 1965'). The petitioners applied and participated in the recruitment. Clause (6) of the notification provides that a candidate should possess educational and professional eligibility at the time of submitting his/her online application form. The relevant portion of Clause (6) reads as follows : Lab Technician (Post Code 02) Senior Secondary in Science with either Biology or Mathematics or its equivalent with diploma in Medical Lab Technician from an institute recognized by the Rajasthan State Government/Central Government/Rajasthan Para Medical Council And Registered in Rajasthan Para Medical Council. And Working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthan Culture.
(2.) The petitioners filled offline application form and submitted their mark-sheet of B.Sc. (Medical Lab Technology) Part-III and admittedly the qualification was attained by the petitioners on or before the last date of submitting the application form i.e. 24.11.2016. The petitioners have challenged their disqualification on count of having completed registration with Rajasthan Para-Medical Council, which is a condition in the advertisement and is also under challenge. The result was announced by the respondents on 18.10.2017 vide Annex. P/11 and 290 Lab Technicians were declared successful against the total 1394 posts. The petitioners' name was also there in the provisional select list declared by the respondents. The respondents at a subsequent stage reviewed the select list dated 18.10.2017 and out of 290 selected Lab Technicians, disqualified 20 candidates from the select list on count of the fact that they did have the registration of Rajasthan Para-Medical Nursing Council till the last date of filling of the form i.e. 24.11.2016. Counsel for the petitioner categorically made a submission that the Rules of 1965 were amended by the Rajasthan Various Service (Amendment) Rules, 1999 while inserting a Proviso in the Rule of Services mentioned against them. The Rules of 1965 were at Sr. No. 68 in the said Rules. The amended position of the Rules reads as under:- "2. Amendment- In the existing rule as mentioned in Column Number 3 against each of the Service Rules as mentioned in Column Number 2 of the Schedule appended herewith, the following proviso shall be added, namely:- "Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency:- (i) Before appearing in the main examination, where selection is made through two stages of written examination and interview; (ii) Before appearing in interview where selection is made through written examination and interview; (iii) Before appearing in the written examination or interview where selection is made through only written examination or only interview, as the case may be."
(3.) Counsel for the petitioner Mr. Deepak Nehra submitted that it is clear from reading the Rules that the qualification could have been obtained by the candidates until the date of written examination or interview, thus, the appearing candidates were also allowed to participate in the selection process. Counsel for the petitioner further submitted that the Legislative intention of the aforesaid Rules was very clear and required the appearing candidates to be allowed in selection process if they were able to provide the requisite qualification upto the date of interview. Counsel for the petitioner stated that in the present recruitment, though, the Rules of 1965 were applicable but akin to the interview, counseling was to be conducted by the respondents as a modus operandi for selecting the Lab Technicians. Counsel for the petitioner further stated that, though, they had final year mark-sheet in the hand before the last date of filling-up of the form but even if for the sake of argument it is believed that their internship was complete and that disentitles them to claim completion of qualification so required, then also they should have been treated as appearing candidates, who admittedly acquired the degree including internship of six months and registration in Rajasthan Para-Medical Council on or before the counseling, which was the only place where scrutiny of documents and final consideration was being made. It is made clear that no written examination or actual interview took place, therefore, counsel for the petitioner for the sake of proving Legislative intention, is drawing attention of Court to the fact that the counseling in this recruitment process is akin to the interview. Counsel for the petitioner further stated that any condition in the advertisement contrary to the Rules of 1965 duly amended by the Rajasthan Various Service (Amendment) Rules, 1999 required the respondents to consider the petitioners as appearing candidates on or before counseling and if they were falling in merit, then appropriate appointments ought to have been given. Counsel for the petitioner relied upon the judgment of this Court in Manju v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 13299/2017, decided on 08.12.2017), The relevant portion of the judgment reads as under: "11. The purport of Division Bench judgment and Single Bench judgment cited by learned counsel for the petitioner is that the registration ought to be attempted by the petitioners before the cut-off date and the time taken by the Registering Authority should be exempted. The condition of registration at the threshold at the of submitting the form itself has already also been dealt with, however, in the present circumstances the Rules which are applicable create a legal obligation upon the respondents to take proof of the qualification alongwith registration before the order on or before the date of written examination, which is 28.02.2016. Receipt for registration is a sufficient proof as held by Hon'ble Division Bench of this Court to ensure that within cut-off date necessary action on behalf of the candidates has been taken, thus, this Court holds that the petitioners who are aspirants for the post of ANM under the National Health Mission as per advertisement dated 28.01.2016 shall be entitled to be given appointment on their own merits if they have acquired the qualification on or before 28.2.2016, which is the date of examination and is in consonance with the Rules of 1999. 12. Since there is a mandatory requirement of the qualification being registered, therefore, the act of petitioners/candidates ought to show that they have done the needful on their part of requirement, therefore, those candidates shall also be treated eligible who have applied for registration before 28.02.2016 and have acquired the certificate before the date of verification which is 02.02.2017. 13. Thus, in light of the aforesaid observations the present petitions are disposed of with a direction to the respondents to consider the petitioners eligible for the post of ANM under the National Health Mission on contract basis arising out of advertisement dated 28.02.2016 on the following terms:- (a) The petitioners who have applied for registration on or before 28.02.2016 shall be treated as eligible as far as condition of registration is concerned and shall be permitted to participate in the selection process and shall be given appointment strictly in accordance with their merits. (b) However, the condition No. (a) shall apply if the candidates have the certificate on or before 02.02.2017, which is the date of verification. Thus, in both the conditions, the petitioners need to have registration receipt (which means in Rajasthan Nursing Council) before 28.02.2016 and simultaneously have certificate on or before 02.2.2017.";