CASE NO.: Appeal (civil) 1398 of 2006 PETITIONER: Jitendra Kumar Kumhar and Anr. Etc. Etc. RESPONDENT: State of Rajasthan and Ors. Etc. Etc. DATE OF JUDGMENT: 30/01/2008 BENCH: B.N. AGRAWAL & G.S. SINGHVI JUDGMENT:
JUDGMENT
O R D E R
With Civil Appeal Nos.1400/2006,1426/2006,1427/2006,4907/2006
and 1399/2006
Civil Appeal Nos.1398/2006, 1400/2006, 1426/2006, 1427/2006
and 1399/2006
The applications for intervention in Civil Appeal No.1426 of 2006 are
allowed and the applicants are permitted to be impleaded as appellants.
Heard learned counsel for the parties.
The question which fell for decision of the High Court was whether the
appellants of these appeals were eligible for consideration for the post of Laboratory
Technicians in terms of Rule 11 of the Rajasthan Medical and Health Subordinate
Service Rules, 1965, (hereinafter referred to as `the Rules’) read with Schedule
apprehended thereto, according to which hundred percent of the posts of Laboratory
Technicians have got to be filled up by direct recruitment and the eligibility for
consideration for the said post is that a person must pass out secondary school
examination and undergo nine months training from an institute recognised by
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the Government. In the present case, undisputedly, all the appellants have passed out
secondary school examination and they have undergone nine months training not only
from the institutes recognised by the Government but from the Government hospitals
itself. This being the position, we have no difficulty in holding that the appellants
were eligible for the posts of Laboratory Technicians and the High Court was not
justified in holding otherwise.
Accordingly, the appeals are allowed, impugned orders are set aside and it
is held that the appellants are eligible for consideration for the post of Laboratory
Technicians. Undisputedly, prior to the filing of the writ petitions, no advertisement
was issued for filling up the posts of Laboratory Technicians. This being the position,
it is directed that the appellants shall be considered for appointment on the posts of
Laboratory Technicians, whenever the same are advertised and if it is so advertised,
they can apply for the same. If they are otherwise found suitable, appointment shall
not be refused merely because they have crossed the upper age limit in which
eventuality age bar in relation to these appellants shall be relaxed.
Civil Appeal No.4907 of 2006:
Heard learned counsel for the parties.
In our view, the High Court has not committed any error in refusing to
condone the delay.
The appeal, accordingly, fails and the same is dismissed.