Laxmi Narayan S/O Shri Mishri Lal vs State Of Rajasthan
2021 Latest Caselaw 424 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D. B. Civil Special Appeal (Writ) No. 945/2020

                                         In

                 S. B. Civil Writ Petition No. 13814/2020

1.      Laxmi Narayan S/o Shri Mishri Lal, Aged about 38 Years,
        R/o Village Barooda, Tehsil Bayana, District Bharatpur.
2.      Gajraj Singh S/o Laxman Singh, R/o Kehrali Gadasiya,
        District Bharatpur.
                                                     ----Appellants/Petitioners
                                     Versus
1.      State of      Rajasthan, through its Principal                 Secretary,
        Department of Medical and Health, Secretariat, Jaipur
        (Raj.)
2.      Rajasthan Para Medical Council, G-1, Kisaan Bhawan,
        Lalkothi, Jaipur, Through its Registrar
3.      Director,    Medical      and     Health       Department,      Swasthya
        Bhawan, Tilak Marg, Jaipur (Raj.)
4.      Secretary, Rajasthan Subordinate and Ministerial Service
        Selection     Board,      Rajasthan,         Agriculture     Management
        Institute Campus, Durgapura, Jaipur
5.      Vice Chancellor, Janardan Rai Nagar Rajasthan Vidyapeeth
        (Deemed) University, Pratapnagar, Udaipur
                                                                  ----Respondents

For Appellants : Mr. Arun Singh Shekhawat Advocate.

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

19/01/2021

Appellants have filed the appeal challenging the order

dated 23.11.2020 passed by the learned Single Judge, whereby,

writ petition filed by the appellants was dismissed.

(2 of 3) [SAW-945/2020]

We have heard learned counsel for the appellants and

have gone through the record available on the file carefully.

Impugned order dated 23.11.2020 reads as under:

"Admittedly, the petitioners have passed the Course through distance learning and therefore, would be governed by issue No.F as considered by this Court in the case of Lalit Kishor Versus State of Rajasthan & Others, SBCWP No.8908/2020 and other connected petitions, wherein it has been held as under:

"10.5 This court finds while the Supreme Court in Orissa Lift Irrigation Corporation Limited (supra) has disapproved the action of the AICTE in allowing the distance mode education in technical courses, it allowed the candidates who had passed the examination between 2001 to 2005 to appear for an examination, which may be conducted by the AICTE.

10.6 Keeping in view the aforesaid aspect, this Court is of the firm view that those candidates who have done Diploma in Medical Lab Technology by distance education mode cannot be treated at the moment to be eligible for appointment on the posts under the advertisement dated 12.06.2020. The qualification acquired by them shall be treated as suspended. However, the Rajasthan Para Medical Council is directed to device a framework for conducting examination for all those candidates who have acquired Diploma in Medical Lab Technology prior to 2015 by distance education mode and seek option from all the candidates to appear for an examination, which shall be conducted by them. If such students submit their option for appearing in the examination and pass the examination, their qualification acquired through distance education mode shall stand revived and they would be treated as eligible for future selection process. 10.7 In view of what has been held above, condition No.15(6) of the advertisement dated 12.06.2020 is also found to be justified and the candidates who have passed the course by distance education mode shall be treated as ineligible for appointment. The writ petitions of such petitioners are accordingly dismissed."

In view thereof, the writ petition is dismissed in terms of the aforesaid judgment."

Thus, the writ petition filed by the appellants was

dismissed because as per condition No. 15(6) of Advertisement

dated 12.06.2020, candidates, who had passed the course by

(3 of 3) [SAW-945/2020]

distance education mode, were to be treated as ineligible for

appointment.

Learned Single Judge, while deciding the writ petitions

in Lalit Kishor Vs. State of Rajasthan & Others (S.B. Civil Writ

Petition No. 8908/2020 and other connected matters), had placed

reliance on the judgment of the Hon'ble Supreme Court in Orissa

Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro &

Others, (2018) 1 SCC 468. Issue involved in the present case

is similar to issue No. F in Lalit Kishor's case (supra).

No ground for interference is made out.

Dismissed.

                                   (MANOJ KUMAR VYAS),J                                              (SABINA),J




                                   MANOJ NARWANI /158









Powered by TCPDF (www.tcpdf.org)