Rajasthan High Court - Jodhpur
Bhanwar Singh vs The State Of Rajasthan ... on 6 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:36967]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18036/2023
Bhanwar Singh S/o Shri Bhom Singh, Aged About 41 Years,
Resident Of Village And Post Karni Colony Behind Sandhu
Bhawan, Tehsil Nagaur, District Nagaur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Jaipur.
2. The Director (Non-Gazetted), Department Of Medical And
Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Addl. Director (Admn.), Department Of Medical And
Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. Joint Director, Department Of Medical And Health
Services, Zone Ajmer (Raj.).
5. The Chief Medical And Health Officer, Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa
For Respondent(s) : Mr. Mahaveer Bishnoi, AAG
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/09/2024
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner submits that the
controversy involved in the present writ petition is squarely
covered by a judgment rendered by this Court in S.B. Civil Writ
Petition No.1669/2022 (Narendra Barwal V/s State of
Rajasthan & Ors.) decided on 05.05.2022. The operative part
of the said judgment is reproduced as under :-
"I have considered the submissions made by
learned counsel for the parties and have perused the
material available on record.
[2024:RJ-JD:36967] (2 of 3) [CW-18036/2023]
The eligibility condition in terms of the
advertisement, inter-alia, reads as under : -
"1. Secondary or its equivalent; and
2. Any Diploma in Medical Laboratory
Technology from an institute recognized by the
State Government;
or
having minimum three years experience
of working as Laboratory Assistant/Laboratory
Technician in State Government Hospitals on
contract basis or through Service Provider
Agency, shall also be eligible."
A perusal of the above would reveal that the
experience required is of working as Laboratory
Assistant /Laboratory Technician in the State
Government Hospital on contract basis or through
Service Provider Agency and said candidate has been
held to be eligible. The certificate issued to the
petitioner Annex.6,inter-alia, indicates that the
petitioner has worked as Lab Sahayak. Even in the
11pointer obtained by the respondents from CM & HO,
Nagaur (Annex.R/1),it is indicated that the post of the
petitioner was Lab Sahayak, the contract order
indicated his post as Helper, the payment has been
made of the post of Lab Sahayakand the work being
performed by him has been indicated as ^ySc esa tkap dk;Z esa
lg;ksx^ and finally his post has been indicated as Helper.
As noticed herein-before, the eligibility condition,
inter-alia, indicates experience of working as
Laboratory Assistant. In terms of the 11 pointer relied
on by the respondents also, the petitioner was working
as 'Lab Sahayak', if it is translated, it means Lab
Assistant and the work performed by him indicated as
helping in the working of testing in the Lab. The
submissions made that mere helping would not make
him eligible, cannot be accepted, inasmuch as, the
[2024:RJ-JD:36967] (3 of 3) [CW-18036/2023]
eligibility conditions indicated both, working as
Laboratory Assistant / Laboratory Technician and
therefore, even those assisting in the testing, as
indicated in the 11 pointer, has to be held eligible for
the purpose of recruitment in terms of the
advertisement dated 29.05.2018.
The fact that the post for which the contract was
granted indicated the petitioner as Helper, by itself
cannot be a determining factor for the purpose of
eligibility / grant of bonus marks. It is the work, which
is performed by the person, which alone would
determine the eligibility as the eligibility condition
indicates 'experience of working as Lab Assistant/Lab
Technician'.
In view of the above, the writ petition filed by the
petitioner is allowed. The respondents are directed to
take into consideration the experience of the petitioner
in terms of the experience certificate (Annex.6) and in
case, he is otherwise eligible, consider the case for
appointment in terms of the advertisement dated
29.05.2018."
2. Learned counsel for the respondents is not in a position to
controvert the submissions made by the learned counsel for the
petitioner.
3. In view of the submissions made before this Court, the
present writ petition merit acceptance and the same is disposed of
in terms of the judgment rendered by this Court in the case of
Narendra Barwal(supra).
(FARJAND ALI),J
206-chhavi/-
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