Ram Niwas Saini S/O Bajrang Lal ... vs The State Of Rajasthan
2021 Latest Caselaw 7691 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          D.B. Civil Writ Petition No. 7160/2020

1.    Ram Niwas Saini S/o Bajrang Lal Saini, Aged About 47
      Years, R/o 47, Ganesh Vihar, Kvp Purv, Jamdoli, Agra
      Road, Jaipur (Raj.)
2.    Ajay Pal Singh S/o Dalpat Singh, Aged About 28 Years,
      R/o Rajputo Ka Bas, Sedriya Balotran, Jalore (Raj.)
3.    Anil Kumar Sharma S/o Ramniwas Sharma, Aged About
      34 Years, Near Panchayat Samiti, Anta, Baran (Raj.)
4.    Ajit Mundel S/o Jagdish, Aged About 34 Years, R/o Talab
      Ka Rasta Marwar Mundwa, Merwer Mundwa, Nagaur
      (Raj.)
5.    Ashok Kumar Pandey S/o Jagdish Prasad Sharma, Aged
      About 34 Years, Buntoli Baniyana, Dausa (Raj.)
6.    Bhagu Ram Mahala S/o Bodu Ram Mahala, Aged About 26
      Years, R/o Village Sabalpura, Via Kuchanmancity, Nagaur
      (Raj.)
7.    Banwari Lal Mali S/o Noratmal Mali, Aged About 29 Years,
      R/o 157, Bagwal Ki Dhani, Ghati Road, Malpura, Tonk
      (Raj.)
8.    Bhojraj Jangid S/o Satyanarayan Jangid, Aged About 31
      Years, R/o Satra, Churu (Raj.)
9.    Ranveer Singh Gurjar S/o Kajodmal Gurjar, Aged About
      34 Years, Dhoret, Har Rampura Jamwaramgarh, Jaipur
      (Raj.)
10.   Bajarang Lal S/o Hanuman Singh, Aged About 44 Years,
      R/o Ladhro Ki Dhani Kerwali, Neem Ka Thana, Charwas,
      Puranawas, Sikar (Raj.)
11.   Dharmpal S/o Dungar Das, Aged About 46 Years, R/ov-6
      Apd Sri Vijayanagar, Sriganganagar (Raj.)
12.   Devi Singh Thanak S/o Bhikam Chand Thanak, Aged
      About 39 Years, R/o Thanako Ka Bas, Khichan, Jodhpur
      (Raj.)
13.   Dinesh Kumar S/o Madan Lal, Aged About 26 Years, R/o
      Sutaro Ka Mohalla, Guradiya Kalan, Jhalawar (Raj.)
14.   Gaurav Kumar Sharma S/o Ramnarayan Sharma, Aged
      About 31 Years, R/o Basdev Nagar, Dausa (Raj.)



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15.   Goparam S/o Ghewar Ram Dewasi, Aged About 25 Years,
      R/o 79 Raiko Ki Dhani, Tarbadiya Kalan, Hiradeshar,
      Jodhpur (Raj.)
16.   Govind Kumar Sharma S/o Hanuman Sahai Sharma, Aged
      About 32 Years, R/o 12 Krishna Colony, Sushilpura, Near
      Durgamandi, Sodala, Jaipur (Raj.)
17.   Hari Ram Gil S/o Ladu Ram Gil, Aged About 30 Years, R/o
      Ward   No.2,     Kemri       Ki     Dhani,       Khirod,    Nawalgarh,
      Jhunjhunu (Raj.)
18.   Hemant Kumar Acharya S/o Motilal, Aged About 30 Years,
      Sarada Chawand, Udaipur (Raj.)
19.   Jagdish Prasad Jangid S/o Kumbha Ram Jangir, Aged
      About 38 Years, R/o Ward No.3, Near Thakur Ji Ka Mandir,
      Gorisar, Churu (Raj.)
20.   Jitendra Kumar S/o Bhanwar Lal, Aged About 36 Years,
      R/o Ward No.6, Chaiya Rawatsar, Hanumangarh (Raj.)
21.   Jitendra Singh S/o Sadhu Singh, Aged About 34 Years,
      R/o Basedi, Dholpur (Raj.)
22.   Kailash Kumar Yadav S/o Bhagwan Lal Yadav, Aged About
      47 Years, R/o Ward No.6, Patela Marg Via Near School,
      Dungarur (Raj.)
23.   Kamlesh S/o Dulichand, Aged About 34 Years, R/o
      Primary Health Centerwala Mohalla, Raithal, Baran (Raj.)
24.   Kapil Kumar Sen S/o Shyam Sunder Sen, Aged About 26
      Years, R/o R.k.puram, Kota (Raj.)
25.   Kuldeep Sharma S/o Jagdish Prasad Sharma, Aged About
      30 Years, R/o 8/165, Shikshak Colony, Gupteshwar Road,
      Dausa (Raj.)
26.   Lalit Kumar S/o Satyanarayan Verma, Aged About 31
      Years, R/o Mahaveer Bhawan, Chod Upasara Ki Gali,
      Kuchaman City, Nagaur (Raj.)
27.   Laxmi Lal Kalal S/o Bhagu Ji Kalal, Aged About 44 Years,
      R/o Vpo, Bhorai, Via Intali Kheda, Tehsil Semari, District
      Udaipur (Raj.)
28.   Laxmi Lal Kalal S/o Mohan Lal Kalal, Aged About 34 Years,
      R/o Vpo Jhadol Tehsil Sarada, District Udaipur (Raj.)
29.   Lavlesh Kumar Gour S/o Rajendra Prasad Gour, Aged
      About 37 Years, R/o Katara Mohalla Neaer Town Post
      Office Roopwas, District Bharatpur (Raj.)


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30.   Lokesh Prajapat S/o Narayan Lal, Aged About 27 Years,
      R/o Dhimani Jhadol, Udaipur (Raj.)
31.   Mahavir Prasad Nagar S/o Harishankar Nagar, Aged About
      42 Years, R/o Bamori Kalan, Mangrol, Baran (Raj.)
32.   Mukesh Kumar Yadav S/o Ram Charan Yadav, Aged About
      36 Years, R/o Tehla Suhana, Degod, Kota (Raj.)
33.   Narottam Lal Purohit S/o Late Sh.prabhu Lal Purohit,
      Jagat Magri, Udaipur (Raj.)
34.   Nakul Jain S/o Rakesh Chandra Jain, Aged About 34
      Years,   Nehru   Bazar,       Near      Post     Office,   Rishabhdev,
      Kherwada, Udaipur
35.   Pawan Kumar Meena S/o Ram Pratap Meena, Aged About
      33 Years, R/o Tisaya Mangrol, Baran (Raj.)
36.   Pramod Kumar Sharma S/o Suresh Chand Sharma, Aged
      About 41 Years, R/o Anaj Mandi, Vajirpur, Sawaimadhopur
      (Raj.)
37.   Prakash Kadela S/o Pusaram Kadela, Aged About 34
      Years, R/o S-25 Loko Colony, Samdari Jhibana, Barmer
      (Raj.)
38.   Rajendra Kumar Saini S/o Rugaram, Aged About 30
      Years, Sahwa, Taranagar, Churu (Raj.)
39.   Rajesh S/o Hanuman, Aged About 28 Years, R/o Chhani
      Badi, Hanumangarh (Raj.)
40.   Rajkumar S/o Deda Ram, Aged About 51 Years, R/o
      Sardarpura, Jodhpur (Raj.)
41.   Rakesh Kumar S/o Pat Ram, Aged About 37 Years, R/o
      Ward No.12, Near Mandir Hariram, Goluwala Niwadan,
      Hanumangarh (Raj.)
42.   Rakesh Kumar Rahad S/o Sh.chand Rahad, Aged About
      31 Years, R/o Ladusar, Jhunjhunu (Raj.)
43.   Ram Chandra Saini S/o Jagdish Prasad Saini, Aged About
      42 Years, R/o Sanikuwa Pakodiya, Ward No.11, Vpo
      Nangal, Via Udaipurvati, District Jhunjhunu (Raj.)
44.   Ramlal Lodha S/o Devi Lal Lodha, Aged About 41 Years,
      R/o Lakshmipura, Amedha Aklera, Jhalawar (Raj.)
45.   Ram Prakash Sharma S/o Lala Ram, Aged About 40
      Years, 15, Dhandhala Ki Dhani, Birajpura, Jaipur (Raj.)
46.   Ram Singh Rathore, S/o Ajeet Singh, Aged About 41
      Years, R/o S.o.k. Diagnostic                Centre, Rajpath Marg,

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      Sambhar Lack, Jaipur
47.   Ravindra Kumar Sharma S/o Nathu Lal, Aged About 43
      Years, R/o 2/280, Housing Board Colony, Sawai Madhopur
      (Raj.)
48.   Sanjay Bhim Singh S/o Kan Singh, Aged About 29 Years,
      Nepa Ka Bas , Amrabad, Dausa (Raj.)
49.   Shailendra Joshi S/o Champa Lal Joshi, Aged About 36
      Years, R/o Udai Sagar Choraha, Bichhadi, Udaipur (Raj.)
50.   Sohan Lal S/o Lal Chand, Aged About 28 Years, Bala
      Rajpura, 46 Rbb Padampur, Sriganganagar (Raj.)
51.   Suman Byamal D/o Nemi Chand, Aged About 31 Years,
      R/o Shithal, Udaipurwati, Jhunujhunu (Raj.)
52.   Sunil Dangi S/o Om Prakash, Aged About 26 Years, R/o
      Govindpura Jakhira, Jhunjhunu (Raj.)
53.   Sunil Kumar Sharma S/o Sanwar Mal Sharma, Aged
      About 33 Years, R/o Ward No.23, Janta Colony, Ajitgarh,
      Sikar (Raj.)
54.   Sunil Kumar Tiwari S/o Shashi Dular Tiwari, Aged About
      40 Years, R/o Tiwari Pada, Todabhim, Karauli (Raj.)
55.   Suraj Kumar Bairwa S/o Ramesh Chand Bairwa, Aged
      About 30 Years, R/o Malagbas Khuri Kala, Dausa (Raj.)
56.   Surendra Kumar S/o Mahaveer Soukhl, Aged About 30
      Years, R/o P.no.359, Vpo 3 E, Choti Gali No.4, Ssb Road,
      Ganganagar (Raj.)
57.   Suwa Lal Choudhary S/o Shiv Karan Choudhary, Aged
      About 34 Years, R/o Village Tikel Naukan, Tehsil Phagi,
      Jaipur (Raj.)
58.   Vinod Rathore S/o Suresh, Aged About 30 Years, R/o
      Mandola Ward, Near Masjid, Baran (Raj.)
59.   Abdul Jahid S/o Abdul Raffiq, Aged About 32 Years, R/o
      736, Mehandipura Dug, Jhalawar (Raj.)
60.   Abdul Khaliq S/o Abdul Rashid, Aged About 41 Years, R/o
      Nai Abadi, Village Dug, Tehsil Gangdhar, District Jhalawar
      (Raj.)
61.   Mohammad Aslam S/o Mohammad Asgar, Aged About 31
      Years, R/o Naya Bas, Jhunjjunu (Raj.)
62.   Mohammad Sabir S/o Jafar, Aged About 36 Years, R/o
      Ward No.8, Near Saini Guest House, Ratangarh, Churu
      (Raj.)

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63.   Mukim Ahmed S/o Abdul Majid, Aged About 48 Years, R/o
      Ward No.12, Chomahla, Bhawani Mandi, Jhalawar (Raj.)
64.   Sheru Mohammad S/o Mohammed Hanif, Aged About 40
      Years, R/o Near Moti Masjid, Manohar Thana, Jhalawar
      (Raj.)
65.   Yunus Beg S/o Majoor Beg, Aged About 44 Years, R/o
      Ward No.20, Nardiyan Mohalla, Rajgarh, Sardulpur, Churu
      (Raj.)
66.   Lalit Kumar Mehar S/o Kanhaiya Lal Mehar, Aged About
      42   Years, R/o Near Gayatri                 Mandir, Devar Bakani,
      Jhalawar (Raj.)
67.   Prakash Chandra Bairwa S/o Ramesh Chand Bairwa, Aged
      About 33 Years, R/o Malangbas Khurri Kala, Dausa (Raj.)
68.   Sunil Kumar Dhetarwal S/o Nemi Chand, Aged About 27
      Years, R/o Taranagar, Churu (Raj.)
69.   Harshad Dave S/o Devi Lal Dave, Aged About 40 Years,
      R/o Brahmin Mohalla, Chopasag, Banswara (Raj.)
70.   Shahid Khan S/o Shafi Khan, Aged About 27 Years, R/o
      Shahjusar, Churu (Raj.)
71.   Imran Khan S/o Amiruddin, Aged About 30 Years, R/o
      Jugnu Colony, Pidawa, Jhalawar (Raj.)
72.   Vikal Yadav S/o Ram Niwas Yadav, Aged About 42 Years,
      R/o 64/476, Pratap Nagar Housing Board, Sanganer,
      Jaipur.
73.   Saiyad Manjur Ali S/o Haidar Ali, Aged About 26 Years,
      R/o Village Sunail, Tehsil Pidawa, Distt. Jhalawar (Raj.).
74.   Udai Deep Singh S/o Chandra Singh, Aged About 42
      Years, R/o Bajigaro Ka Mohalla, Godara Bas, Fatehgarh,
      Hanumangarh (Raj.)
75.   Yogesh Kumar S/o Ramgopal Rahi, Aged About 51 Years,
      R/o Lakheri, Bundi (Raj.)
76.   Abdul Karim S/o Shankar, Aged About 51 Years, R/o Near
      Garmpura Masjid, Lakheri, Bundi (Raj.)
77.   Suresh Kumar S/o Gordhan Ram, Aged About 38 Years,
      R/o Berla, Surajgarh, Jhunjhunu (Raj.)
78.   Jitendra Sahu S/o Ramavtar Sahu, Aged About 36 Years,
      R/o Ambika Colony, Teliyon Ka Talab,tonk.
79.   Dinesh Kumar Vashishtha S/o Shri Kedar Nath Sharma,
      Aged About 44 Years, R/o Taksal Ki Gali, Near Girls School

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     Rajgarh, Distt. Alwar Raj.
                                                               ----Petitioners
                                Versus
1.   The State Of Rajasthan, Through Its Principal Secretary,
     Medical And Health Department, Secretariat, Jaipur.
2.   Principal Secretary, Department Of Personnel, Govt. Of
     Rajasthan, Secretariat, Jan Path, Jaipur.
3.   The Director, Medical And Health Services, Swasthaya
     Bhawan, Tilak Marg, C- Scheme, Jaipur
4.   Rajasthan Para Medical Council, Through Its Registrar, G-
     1, Kisan Bhawan, Lal Kothi, Jaipur (Raj.)
                                                             ----Respondents

Connected With D.B. Civil Writ Petition No. 13281/2018

1. Vikal Yadav Father/o Ram Niwas Yadav, Aged About 42 Years, R/o 64/476, Pratap Nagar Housing Board, Sanganer, Jaipur

2. Sachin Pandey Father/o Om Prakas Pandey, Aged About 47 Years, R/o House No.a-32, Chetak Vihar-A, Jamdoli, Luniwas, Jaipur (Raj.)

3. Gamdoor Singh Father/o Jasvant Singh, Aged About 32 Years, R/o Ward No.1, Hinawali 7 Dlp, Hanumangarh (Raj.)

4. Laxmi Lal Kalal Father/o Mohan Lal Kalal, Aged About 32 Years, R/o Vpo Jhadol Tehsil Sarada, District Udaipur (Raj.)

5. Mukesh Kumar Prajapat Father/o Badrilal Prajapat, Aged About 32 Years, R/o Ward No.2, Ratlam Road, Vpo Nogawan District Pratapgarh (Raj.)

6. Ram Chandra Saini Father/o Jagdish Prasad Saini, Aged About 30 Years, R/o Sanikuwa Pakodiya, Ward No.11, Vpo Nangal, Via Udaipurvati, District Jhunjhunu (Raj.)

7. Dinesh Kumar Father/o Madan Lal, Aged About 35 Years, R/o 40, Sutaro Ka Mohalla, Guadiya Kalan, Jhalawar (Raj.)

8. Anil Kumar Sharma Father/o Ram Niwas Sharma, Aged About 32 Years, R/o Panchayat Samiti Ke Pass, Anta, District Baran (Raj.)

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9. Surendra Kumar Father/o Mahaveer Soukhl, Aged About 28 Years, R/o P.no.359, Vpo 3 E, Choti Gali No.4, Ssb Road, Ganganagar (Raj.)

10. Ram Niwas Saini Father/o Bajrang Lal Saini, Aged About 35 Years, R/o 47, Ganesh Vihar, Kvp Purv, Jamdoli, Agra Road, Jaipur (Raj.)

11. Rakesh Kumar Father/o Pat Ram, Aged About 37 Years, R/o Ward No.12, Near Mandir Hariram, Goluwala Niwadan, Hanumangarh (Raj.)

12. Bhagu Ram Mahala Father/o Bodu Ram Mahala, Aged About 25 Years, R/o Village Sabalura, Via Kuchanmancity, Nagaur (Raj.)

13. Laxmi Lal Kalal Father/o Bhagu Ji Kalal, Aged About 38 Years, R/o Vpo, Bhorai, Via Intali Kheda, Tehsil Semari, District Udaipur (Raj.)

14. Guman Singh Father/o Rajendra Singh, Aged About 34 Years, R/o Kelwara, District Baran (Raj.)

15. Parmeshwar Kumar Payak Father/o Rajendra Kumar Payak, Aged About 29 Years, R/o Rajnagar, District Rajsamand (Raj.)

16. Rajkumar Bose Father/o Deda Ram Bose, Aged About 49 Years, R/o Sardarpura, Jodhpur (Raj.)

17. Rajendra Kumar Saini Father/o Ruga Ram Saini, Aged About 28 Years, R/o Sahaba Tehsil Taranagar, District Churu (Raj.)

18. Rajkumar Arya Father/o Prema Ram Arya, Aged About 40 Years, R/o 676, Patiya Bhim, Tehsil Bhim, District Rajsamand (Raj.)

19. Jagdish Prasad Father/o Devi Lal, Aged About 22 Years, R/o Ward No.6, Ramdev Mandir Road, Bhawna School Ke Pass, Suratgarh, Ganganagar (Raj.)

20. Dhanraj Nagar Father/o Mohan Lal Nagar, Aged About 39 Years, R/o Thakur Ji Ke Mandir Ke Pass, Village Rani Heda, Post Bada, Samaspur Lisadia, District Baran (Raj.)

21. Abdul Khaliq Father/o Abdul Rashid, Aged About 41 Years, R/o Nayi Abadi, Village Dag, Tehsil Gangdhar, District Jhalawar (Raj.)

22. Shri Krishan Chejara Father/o Banshidhar Chejara, Aged About 40 Years, R/o Wared No.19, Shastri Nagar, Losal, Tehsil Dantaramgarh, District Sikar (Raj.)

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23. Yogesh Kumar Father/o Ram Gopal Rahi, Aged About 53 Years, R/o Ward No.5, Charan Das Ke Balaji, Ganeshpura, Lakherigaon, Bundi (Raj.)

24. Jitendra Kumar Sahu Father/o Ramavtar Sahu, Aged About 34 Years, R/o Ambika Colony, Tonk (Raj.)

25. Brijesh Kumar Father/o Latoor Lal Mehra, Aged About 44 Years, R/o Neeche Ka Mohalla, Gandhpura, Lakheri District Bundi (Raj.)

26. Abdul Karim Father/o Shakoor, Aged About 49 Years, R/o Ward No.21, Garmapura, Lakheri, Indergarh, Bundi (Raj.)

27. Ram Singh Rathore Father/o Ajit Singh Rathore, Aged About 39 Years, R/o Rajput Ka Mohalla, Moondgasoi, Nagaur (Raj.)

28. Anil Kumar Father/o Krishan Lal, Aged About 26 Years, R/o Vpo Nyolkhi, Tehsil Rawatsar, District Hanumangarh (Raj.)

29. Mandeep Singh Father/o Baltes Singh, Aged About 35 Years, R/o Ward No.11, Chistiyan, 2 Jdw, Hanumangarh (Raj.)

30. Suwa Lal Choudhary Father/o Shiv Karan Choudhary, Aged About 34 Years, R/o Village Tikel Naukan, Tehsil Phagi, Jaipur (Raj.)

31. Mukesh Patidar Father/o Bheru Lal Patidar, Aged About 30 Years, R/0 Plot 235, Ward 10 Teh.- Nimach, Mohalla Kheriya Nimach Kalan, Madhya Pradesh

32. Pankaj Mathur Father/o Shami Mathur, Aged About 35 Years, R/o Pankaj Vilas , 386, Bapu Nagar Vistar Near Bhuri Pali (Raj.)

33. Lavlesh Kumar Gour Father/o Rajendra Prasad Gour, Aged About 44 Years, R/o Katara Mohalla Neaer Town Post Office Roopwas, District Bharatpur (Raj.)

34. Surendra Singh Father/o Jaswant Singh, Aged About 25 Years, R/o Village Mokhampura, Post Chotarasi, District Pratapgarh

----Petitioners Versus

1. The State Of Rajasthan Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Principal Secretary, Department Of Personnel, Govt. Of

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Rajasthan, Secretariat, Jan Path, Jaipur

3. The Director, Medical And Health Services, Swasthaya Bhawan, Tilak Marg, C-Scheme, Jaipur

4. Rajasthan Para Medical Council Through Its Registrar, G-

1, Kisan Bhawan, Lal Kothi, Jaipur (Raj.)

----Respondents D.B. Civil Writ Petition No. 13350/2018

1. Ram Singh Rawat Father/o Shri Ram Karan Rawat, Aged About 30 Years, R/o Dhani Ramawali (Kharkhada) Post Shyampura, Tehsil Bansur

2. Krishan Kumar Rawat S/o Shri Ram Karan Rawat, Aged About 28 Years, R/o Dhani Ramawali (Kharkhada) Post Shyampura

----Petitioners Versus

1. State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health Service, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. State Of Rajasthan Through Plrincipal Secretary, Department Of Personnel, Government Of Rasjasthan, Government Secretariat, Jaipur.

3. Director Medical And Health Services, Jaipur.

4. Additional Director (Administration) Medical And Health Services, Jaipur.

                                                                 ----Respondents


For Petitioner(s)         :     Mr.   Vigyan Shah
                                Mr.   Harendra Meel
                                Mr.   Mahendra Sharma
                                Mr.   Akshat Gupta
For Respondent(s)         :     Mr. Harshal Tholia on behalf of
                                Dr. V.B. Sharma, AAG
                                Mr. Bharat Saini, AGC

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

16/12/2021

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The petitioners have challenged the notification dated

30/08/2013 issued by the State Government making amendment

in the existing recruitment rules prescribing eligibility criteria for

the post of Assistant Radiographer in Medical and Health

Department of the State Government. Brief facts are as under:-

The petitioners hold the qualification of Secondary School

Certificate and the Radiography course from the government

recognised institute. They have been engaged on contractual basis

as Assistant Radiographers since the year 2013 and are working in

such capacity since then. It is undisputed that prior to the year

2013 the educational qualifications required for the post in

question were Secondary or its equivalent with 18 months

radiographer course pass. By virtue of the impugned notification

dated 30/08/2013 the Rajasthan Medical and Health Subordinate

Service Rules, 1965 came to be amended. In relation to the

Assistant Radiographers the changes brought about were that the

post would now be filled up entirely through direct recruitment

instead of 50% through direct recruitment and 50% through

promotion as was previously done. The eligibility criteria were also

changed to "Senior Secondary (Science) with either Biology or

Mathematics or its equivalent qualification with Radiography

course passed from an institute recognised by the State

Government/Central Government/Rajasthan Para Medical Council;

and registered in the Rajasthan Para Medical Council." Obviously

since the petitioners do not possess these qualifications, the State

Government does not consider them eligible for the post in

question. On the basis of these amended recruitment rules the

State Government has initiated the recruitment process on the

available vacant posts. The petitioners have therefore at that

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stage filed the present petition and challenged the amendments

made in the recruitment rules by the impugned notification dated

30/08/2013.

Main thrust of the argument of the counsel for the petitioner

was that the State Government has no authority to prescribe

independent eligibility criteria for the post in question since the

field is occupied by central legislation in connection with the

subject which falls in List I to the 7 th Schedule of the Constitution.

Our attention was drawn to the Union List (List 1); 7 th Schedule in

which Entry 6 pertains to atomic energy and mineral resources

necessary for its production. Our attention was also drawn to the

Atomic Energy Act, 1962. Section 2(h) of the Act defines the term

"radiation" as to mean gamma rays, X-rays and rays consisting of

alpha particles, beta particles, neutrons, protons and other nuclear

and sub-atomic particles, but not sound or radio waves, or visible,

infrared or ultraviolet light.

Learned counsel for the petitioner further drew our attention

to a communication dated 26/11/2012 from the Chairman of

Atomic Energy Regulatory Board along with which AERB safety

code was amended. Under these amendments for X-Rays

Technologists the revised requirements prescribed are "All x-ray

installations shall have a radiologist/related medical practitioner or

a qualified x-ray technologist, with adequate knowledge of

radiation protection, to operate the x-ray unit." Our attention was

also drawn to yet another communication dated 26/11/2012 under

which for the X-Ray Technologist what is made compulsory is

Radiographer's/X-ray technologist's course (including in-field

training in diagnostic radiology) passed from a recognised

institution/Board/University.

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Based on such literature it was strenuously contended before

us that the State Government had no authority to deviate from

the qualifications prescribed by the AERB for the post of Assistant

Radiographer. The prescription of having passed Radiographers

Technologist Course from a recognised institution/Board/University

was unshakable. To buttress this argument our attention was also

drawn to a judgment of Division Bench of this court dated

19/07/2018 in case of Gabbar Singh Meena and others Vs. State

of Rajasthan and others (DBCWP No.13280/2018) in which in

relation to the challenge to the State Government policy stand of

the State Government was that the State cannot ignore the safety

code for medical diagnostic X-ray equipments and installation.

Learned counsel for the petitioners also submitted that all

the petitioners are working satisfactorily in the State service since

long. Any change in the recruitment rules requiring higher

education qualifications cannot be applied to the petitioners.

The State Government has filed a reply and opposed the

petition principally taking the stand that recruitment rules have

been framed in exercise of the powers under Article 309 of the

Constitution and the rules are legal and valid.

Learned counsel for the petitioners may be correct in

pointing out that the work of Radiographer (in the present case

Assistant Radiographer) may involve dealing with X-Rays and

equipments in the concerned field and therefore it may fall within

the ambit of AERB to prescribe the safety standards and

measures. It is therefore that all concerned including the State

Government have correctly posed before this court in case of

Gabbar Singh Meena (supra) that the state authorities are bound

by such safety standards laid down. If part of such safety standard

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directives is to prescribe minimum qualification for any person to

hold the post, the same would also have to be followed. However

by no means this implies that the State Government is devoid of

its powers to prescribe eligibility criteria for posts under the State

service. Article 309 of the Constitution pertains to recruitment and

conditions of service of persons for serving Union or a State. It

provides that subject to the provisions of the Constitution, Act of

the appropriate Legislature may regulate recruitment and

conditions of service of persons appointed to public services and

posts in connection with the affairs of the Union or any State. The

powers to regulate the recruitment and conditions of service of a

person in the State service thus flow from this Article. The State

Government therefore in exercise of such constitutional powers

desired to amend the existing recruitment rules by making

eligibility criteria for the post in question more stringent. In our

view, the same is in no manner in conflict with the safety code

prescribed by AERB.

To put it differently the State Government is bound to

maintain the safety standards and follow the safety measures

prescribed by the AERB in the safety code in relation to dealing

with 'radiation' as defined in Section 2(h) of the Atomic Energy

Act. However this does not restrict or take away the powers of the

State Government to prescribe appropriate eligibility conditions

including the minimum qualifications required for recruitment to

the post in question. It is not the case where the amended

qualifications breach the standers prescribed by the AERB in the

safety code. It merely requires the candidate to possess higher

qualifications in order to be eligible.

(14 of 14) [CW-7160/2020]

The petitioners are not appointed on regular basis in

government service. Any change in the recruitment rules will

apply to all candidates who desire selection in government service

after the amendments in the rules.

In the result, we find no merit in the petitions. The same are

dismissed.

All pending applications are also disposed of.

(UMA SHANKER VYAS),J (AKIL KURESHI),CJ

ANIL KUMAR GOYAL/BMG/9-11

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