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Jodhpur, 01 October (Hindustan Reporter). Rajasthan High Court, in an important decision on Tuesday in the case of Lab Technician Regular Recruitment 2023, said that it is unjustified to deprive bonus marks for work experience acquired in a government hospital, before registration in Rajasthan Paramedical Council. Orders were given to appoint the petitioner on the post of Lab Technician with all the consequential benefits by giving him bonus marks within six weeks. Advocate Yashpal Khileri appeared on behalf of petitioner Arjun Sen. Huge relief came from the single bench of senior judge Vineet Kumar Mathur of Rajasthan High Court.
Advocates Yashpal Khileri and Vineeta filed a writ petition on behalf of Arjun Sen, resident of Ratanada, Jodhpur and working in MDM Hospital, stating that after passing a two-year diploma in Lab Technology under Rajasthan Paramedical Council, Jaipur, he was admitted to Mathuradas Mathur Hospital, Jodhpur in adverse circumstances during the Corona period. He had joined the contractual post of Lab Technician on July 2, 2021 and since then he has been providing regular services. At that time, in view of the Covid-19 pandemic, the Paramedical Council also wrote a letter to the Medical Department to consider for contractual appointment to the posts of Lab Technician and Radiographer without registration. Accordingly, in view of the emergency, the Medical Department has given appointments to candidates holding diplomas from recognized institutes in the month of July 2021 so that the services of government hospitals can run smoothly. Now the notification for regular recruitment to the posts of Lab Technician was issued on 31 May 2023. The petitioner also submitted his application in which after the selection process, the Medical Department released a temporary selection list, in which the petitioner was selected but his name was removed from the final selection list saying that he was not required to be registered with the Rajasthan Paramedical Council, Jaipur. He is not entitled to bonus marks when the experience is calculated from the date.
On behalf of the petitioner, it was said that it is not written anywhere in the release that the experience will be counted from the date of registration. As per the terms of the release, he possesses all the prescribed qualifications and is also entitled to bonus points. Work experience in the same post does not entitle one to bonus marks only and does not possess the required qualification prescribed for the regular post. In such a situation, the work experience done on the same post cannot be made void even though the contractual appointment was also given by the state government itself.
On behalf of the State Government, it was pointed out that a similar writ petition had been dismissed in the earlier case Madhav Singh vs. State Government. On which the petitioner's advocate Khileri submitted that since the facts and circumstances of the referred case were different, the above judicial precedent was not applicable in the presented case and was distinguishable. The petitioner's marks are more than the final cutoff of general and OBC category, hence depriving him of appointment is illegal and unconstitutional.
Considering the facts and circumstances of the case and agreeing with the arguments of the petitioner's advocate, the Rajasthan High Court single bench accepted the writ petition and awarded 15 bonus marks to the petitioner as per merit and appointed him to the post of Lab Technician with all the notional consequential benefits within six weeks. Ordered for appointment within.
