Jodhpur, 01 October (HS). Rajasthan High Court in an important decision on Tuesday in the case of Lab Technician Regular Recruitment 2023 said that it is unreasonable to deprive of bonus marks for earned work experience in a government hospital before registration with Rajasthan Paramedical Council. Ordered to give bonus marks to the petitioner within six weeks and appoint him to the post of Lab Technician with all consequential benefits. Advocate Yashpal Khileri pleaded on behalf of petitioner Arjun Sen. Huge relief was received 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, a resident of Ratanada Jodhpur and working in MDM Hospital, and told that after passing a two-year diploma in lab technology under Rajasthan Paramedical Council Jaipur, he joined Mathuradas Mathur Hospital Jodhpur on a contractual post of lab technician on July 2, 2021 under difficult circumstances during the Corona period, since then he has been providing regular and continuous services. At that time, keeping in view the epidemic of Kovid-19, the Paramedical Council also wrote a letter to the Medical Department to consider contractual appointment to the posts of Lab Technician and Radiographer without registration. Accordingly, in view of the emergency, the Medical Department gave appointments to diploma holders from recognized institutes in the month of July 2021 so that the services of government hospitals can run smoothly. Now a 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 provisional selection list in which the petitioner was selected but his name was removed from the final selection list stating that he is not entitled to bonus marks if the experience is calculated from the date of his registration in Rajasthan Paramedical Council, Jaipur.
It was said on behalf of the petitioner that it is not written anywhere in the notification that the experience will be calculated from the date of registration. As per the conditions of the notification, he possesses all the prescribed qualifications and is also entitled to get bonus marks. Work experience on the same post is not the required qualification prescribed for a regular post, it only entitles one to bonus marks. In such a situation, work experience on the same post cannot be nullified even though the contractual appointment was also given by the state government itself.
It was told on behalf of the state government that a similar writ petition has already been dismissed in the previous case Madhav Singh vs State Government. On which the counsel for the petitioner Khileri requested that the said judicial precedent is not applicable in the present case and is distinctive as the facts and circumstances of the said referred case are different. The marks obtained by the petitioner are more than the final cutoff of general and OBC category, in such a situation it is illegal and unconstitutional to deprive him of appointment.
Looking at the facts and circumstances of the case and agreeing with the arguments of the counsel for the petitioner, the single bench of Rajasthan High Court accepted the writ petition and ordered to give 15 bonus marks to the petitioner and appoint him to the post of Lab Technician within six weeks along with all notional consequential benefits as per merit.
Hindusthan Samachar / Indrani Sarkar
