Avneesh Sharma Son Of Suresh Chand ... vs State Of Rajasthan
2021 Latest Caselaw 5558 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Writ Miscellaneous Application No. 8/2021

Avneesh Sharma Son Of Suresh Chand Sharma, Aged About 26
Years, Residence Of Kaila Colony, Jail Road, Dholpur.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Principal Secretary, Medical
       Health And Family Welfare, Government Of Rajasthan,
       Secretariat Jaipur.
2.     Rajasthan Para-Medical Council, Through Its Registrar
       House No. 6 Everest Colony, Near Apex Mall, Lal Kothi,
       Tonk Road, Jaipur- 302015.
3.     Rajasthan     Karamchari          Chayan         Board,     Through     Its
       Secretary, Rajya Krishi Prabandh Sansthan Parishar,
       Durgapura, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Harsh Vardhan Sharma For Respondent(s) : Mr. Bharat Saini, AGC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

04/10/2021

1. The petitioner has filed this misc. application for

review/recall of the order dated 18.12.2020 passed by this Court

praying that the qualification acquired by him should be treated as

recognized as the requirement for joining the course of Lab

Technician is Senior Secondary in Science with either Biology or

Mathematics or its equivalent.

2. Learned counsel for the petitioner submits that Agriculture is

also a field of Science and therefore it is equivalent for the

purpose of admission to Lab Technician and therefore if the

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petitioner has done Lab Technician course and possesses Senior

Secondary in Agriculture with Biology, he is eligible for

appointment and the order passed by this Court declaring the

petitioner ineligible deserves to be reviewed.

3. Reply has been filed by the Rajasthan Para-Medical Council

and it has been pointed out that the qualification required is

Senior Secondary in Science with either Biology or Mathematics or

its equivalent. Thus, the qualification for doing Lab Technician

course cannot be Senior Secondary in Agriculture Science with

either Biology or Mathematics. Words cannot be added to the

qualification as laid down and neither this Court has the requisite

knowledge available for declaring any particular subject's

equivalence.

4. Learned counsel for the petitioner has taken this Court to the

case of Shyam Lal Sharma Vs. State of Rajasthan & Ors.

reported in 1994 (2) WLC 393 to submit that agriculture has

been treated as a branch of Science and in popular parlance it is

known Agriculture Science and it is a Science. Thus, if the

petitioner has done Senior Secondary in Agriculture with Biology

as one of the subjects, he was rightly allowed to join Lab

Technician course.

5. On the other hand, learned counsel appearing for the

respondent/s has relied on the judgments passed in SBCWP

No.7986/2016: Yogesh Kumar Saini Vs. State of Rajasthan

& Ors. and SBCWP No.4087/2017: Surendra Kumar Yadav

Vs. Rajasthan Para-Medical Council & Anr. to submit that

admissions given wrongfully in Jaipur National University to

students who had Agriculture as a subject at the Senior Secondary

were allowed to withdraw their fees. Learned counsel submits that

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the very purpose of Lab Technician in Para-Medical cadre denotes

subjects which are in the Science category.

6. I have considered the submissions.

7. In the normal course, Science is not defined as such,

however, there may be a group of subjects which are common for

Science like Physics, Chemistry, Maths (PCM) and Physics,

Chemistry, Biology (PCB), Life Sciences subjects namely Bio

Chemistry and Bio Physics, certain subjects like Geo Physics are

also subjects of Science. In a similar manner Agriculture is also a

particular subject of Science. Thus, if a student has Agriculture as

one of the subjects and he also has a subject of Biology as

another subject then the qualification, which is required namely

Senior Secondary in Science with either Biology or Mathematics or

its equivalent, stands fulfilled.

8. The Division Bench judgment cited by the learned counsel for

the petitioner i.e. Shyam Lal Sharma (supra), thus, would have

square application to the present issue and in the opinion of this

Court, the student who has one of the subjects as Agriculture

Science plus he also has Biology or Mathematics as one of the

subjects would be said to have done Senior Secondary in Science.

9. In the modern field of education where the science education

has lot of diversification and the subject has become vast and

students have lot of options available to them, to deny a student

appointment who has after doing Senior Secondary also done Lab

Technician course by interpreting the subject in a strict

constructive manner, would not be a futuristic interpretation. Law

is a dynamic field of study and it should be interpreted

purposively.

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                                   10.   Taking into consideration above, this                     misc. application

deserves to be allowed. The petitioner who has done Lab

Technician course after having done Senior Secondary Agriculture

as one of the subject with Biology as another subject has to be

treated as eligible for doing Lab Technician course and the Lab

Technician course done by such a person cannot be ignored for the

purpose of appointment.

11. Accordingly, the petitioner shall be considered eligible and

the respondents are directed to treat him eligible for appointment

as Lab Technician and would be entitled for registration with the

Para-Medical Council.

12. Accordingly, the misc. application is allowed.

(SANJEEV PRAKASH SHARMA),J

NITIN/70

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