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D.B.Civil Writ Petition No.1164/2014
Jabir Mohammad Silawat and ors. V/s State of Rajasthan & anr. 28.3.2014
Hon'ble the Chief Justice Mr.Amitava Roy
Hon'ble Mr.Justice Vijay Bishnoi
Mr.Awar Dan for the petitioners.
Heard learned counsel for the petitioners. The impugnment is of the validity of the amendment to Group-A VI [Para Medical Cadre (Medical)] of Schedule-I to the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short, hereinafter referred to as "the Rules") so far as it pertains to the post of Lab Technician as introduced by the Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2013 (for short, hereinafter referred to as "the Amendment Rules").
The petitioners claim to be possessed of Diploma in Lab Technician from recognized Institute besides having passed Secondary Examination and Senior Secondary Examination in Arts. They have averred that prior to the amendment as above for the post of Lab Technician, the conditions of eligibility for recruitment/appointment thereto stood as hereunder:- "Secondary or its equivalent with 9 months Training Certificate from Institute recognized by Government" 2
By the impugned amendment, for direct recruitment, the norms of eligibility were prescribed as hereunder:- "1. Senior Secondary with Biology and diploma in Medical Lab Technician from Institute recognized by State Government; and
2. Registered in Rajasthan Para Medical Council." For promotion however the following criteria was prescribed:-
