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Rajasthan High Court - Jodhpur
Urn: Saw / 2409U / 2025State Of Rajasthan vs Chetan Lal Kharadi ... on 30 April, 2026
[2026:RJ-JD:20525-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 1285/2025
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Jaipur.
2. The Director, 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 Udaipur.
5. The Chief Medical And Health Officer, Banswara,
Rajasthan.
----Appellants
Versus
Chetan Lal Kharadi S/o Shri Rajendra Kharadi, Aged About 31
Years, Village And Post Cundai, Tehsil Ghatol And District
Banswara Raj.
----Respondent
For Appellant(s) : Mr. Mahaveer Bishnoi, AAG with
Mr. Harshvardhan Singh Chundawat
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order (Oral)
30/04/2026
Per: Arun Monga, J
(I.A. No.01/2026)
1. The matter comes upon an application under Section 5 of the
Limitation Act seeking condonation of delay in filing the appeal.
2. For the reasons stated in the application, the delay of 173
days in filing the appeal is condoned.
3. Application is disposed of accordingly.
(Uploaded on 07/05/2026 at 10:52:06 AM)
[2026:RJ-JD:20525-DB] (2 of 2) [SAW-1285/2025]
D.B. Special Appeal Writ No. 1285/2025
1. The instant special appeal has been filed against the order
dated 01.10.2024 vide which learned Single Judge allowed the
writ petition filed by the respondent and directed appellant to
accord the benefit of vacant post to the respondent.
2. Learned Additional Advocate General Mr. Mahaveer Bishnoi
upon instructions, states that the view taken in the present
impugned order has already adjudicated vide a Division Bench
Judgment of this Court in the case of State of Rajasthan and
Ors. vs. Bharti1 which further stands affirmed by Hon'ble
Supreme Court in SLP No. 31049/2025.
3. The Co-ordinate Bench of this Court in Bharti (Supra),
held as under:
"8. There is no denial by the respondent that under the Rules of
1965 the qualification for the post of Lab Assistant is (i) Senior
Secondary with Science or its equivalent and (ii) any Diploma in
Medical Laboratory Technology from an institute recognized by the
State Government. The respondent pleaded that after the
commencement of the Rajasthan Medical & Health Subordinate
Service (Amendment) Rules, 2018, the persons having 3 years
experience of working as Laboratory Assistant/Laboratory
Technician in the State Government hospitals are also eligible; the
respondent was working on contractual basis as Laboratory
Technician. We accord our concurrence to the view expressed by the
writ Court to the extent that Lab Technician or Lab Assistant as long
as they work in the Laboratory, the experience obtained by them
must be counted.
9. In that view of the matter, we are not inclined to entertain this
Special Appeal which is accordingly dismissed."
4. In view of the above, the present appeal is also dismissed.
5. All pending applications stand disposed of.
(SUNIL BENIWAL),J (ARUN MONGA),J
3-Devanshi/-
1. D.B. Special Appeal Writ No. 862/2024
(Uploaded on 07/05/2026 at 10:52:06 AM)
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