Rajasthan High Court - Jodhpur
Shanker Lal Meena vs State Of Rajasthan ... on 6 November, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:47617-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 724/2025
1. Shanker Lal Meena S/o Shri Hema Ram Meena, Aged
About 39 Years, R/o Malola Road, Gayatri Nagar, District
Bhilwara.
2. Kailash Chamar S/o Shri Kishan Lal Chamar, Aged About
29 Years, R/o Center Ka Kheda, Amali, Ganeshpura,
District Bhilwara.
3. Sabana Parvin W/o Shri Sharafat Hussain, Aged About 35
Years, R/o 362, Surya Nagar, Udyog Puri, District Kota.
4. Jagdish Prasad Vaishnav, Aged About 39 Years, R/o
Kalyanpura, District Ajmer.
5. Jai Singh Meena S/o Shri Kalu Ram Meena, Aged About
42 Years, R/o Tonk.
6. Bharat Kumar Lakhara S/o Shri Shankar Lal Lakhara,
Aged About 40 Years, R/o 21, Raja Ji Ka Kareda, Village
Kareda, Tehsil Mandal, District Bhilwara.
----Appellants
Versus
1. State Of Rajasthan, Through Secretary, Medical Education
And Vice Chairman, Rajasthan Medical Education Society,
Government Of Rajasthan, Jaipur.
2. The Director, Rajasthan Medical Education, Society, Jaipur.
3. The Convener And Additional Director, (Administration),
Rajasthan Medical Education Society, Jaipur.
4. The Principal And Controller, Rajmata Vijaya Raje Scindia
Medical College, Bhilwara.
5. Navneet Kumar Upadhyay S/o Shri Damodar Lal
Upadhyay, R/o Street Vivekanand Nagar, 42 Behind Police
Line, Prabal International School, District Bhilwara.
6. Mohammed Asif Pathan S/o Shri Mohammed Farook
Pathan, R/o F-127, R.k. Colony, District Bhilwara.
7. Lokesh Sharma S/o Shri Chhitar Lal Sharma, R/o Village
Gopalpura, Tehnal, Shahpura, District Bhilwara.
8. Girish Kumar Gothwal S/o Shri Ramesh Chand, R/o Gali
No. 4, Tanaji Nagar, Bhajan Ganj, Bhinay, District Ajmer.
----Respondents
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[2025:RJ-JD:47617-DB] (2 of 3) [SAW-724/2025]
For Appellant(s) : Mr. Vivek Firoda
Mr. Anuraj Jyani
Mr. Nikhil Bishnoi
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
06/11/2025
1. Learned counsel for the appellant submits that the
appellants, who are working as Lab Technicians, have been
working for a long time since 2017, as they have recruited under
the Rajasthan Medical Education Society, Jaipur Personnel
(Recruitment and Other Service Conditions) Rules, 2017 on an
urgent temporary basis. He further submits that the aforesaid
Rules were amended in 2018, making registration with the
Rajasthan Paramedical Council mandatory. He also submits that
the appellants have not got themselves registered even till date,
but by efflux of time, they have gained valuable experience and
are efficiently performing the duties required of them; hence, they
may be continued in service.
1.1 Learned counsel for the appellants has relied upon the
following judgments :-
i. Y.V. Rangaiah Vs. J. Sreenivasa Rao, (1983) 3 SCC 284
ii. State of Rajasthan Vs. R. Dayal, (1997), 10 SCC 419
iii. Kulwant Singh Vs. Daya Ram, (2015) 3 SCC 177
2. Learned Additional Advocate General appearing for the
respondent-State fairly submits that the learned Single Judge of
this Court has already taken a lenient view, allowing candidates
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[2025:RJ-JD:47617-DB] (3 of 3) [SAW-724/2025]
who have registered with the Rajasthan Paramedical Council to
continue in service and treating their services as valid for the
purpose of experience certificates.
3. Upon a careful examination of the controversy, this Court
finds that the Lab Technicians appointed in 2017 on an Urgent
Temporary Basis are not yet registered with the Rajasthan
Paramedical Council, which is a mandatory requirement under the
Rules as amended in 2018. In the opinion of this Court, such
mandatory statutory registration cannot be waived or interfered
with, even though the Court may sympathize with persons who
have been discharging their duties since 2017. The judgments
cited by learned counsel for the appellants on the retrospective
application of rules are distinguishable and do not apply to the
facts of the present case. Accordingly, no ground for interference
is made out
4. In view of the above, the present appeal is dismissed.
However, if any of the appellants succeed in registering
themselves with the Rajasthan Paramedical Council within three
months from the date of this order, the relief granted by the
learned Single Judge in para no. 20 of the impugned order shall
extend to them as well. Further, it is made clear that the relief
given in para 26 of the impugned order shall also operate on same
terms as laid down in the impugned judgment.
(ANUROOP SINGHI),J (DR. PUSHPENDRA SINGH BHATI),J
78-Sudheer/-
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