Rajasthan High CourtAnand Mishra And Anr vs State Of Raj And Ors on 25 February, 2010Author:Ajay RastogiBench:Ajay RastogiIn the High Court of Judicature for Rajasthan 
				                at  Jaipur Bench  
					                 **
                     Civil Writ Petition No.5966/2009
                       Anand Mishra & Anr Versus State & Ors.
                          (& Cognate cases as per Schedule annexed) 
/Reportable/	      			   ***
		               Date of Order     :::       25/02/10

		              Hon'ble Mr. Justice Ajay Rastogi 		   
						  ***
For petitioners -
Sarva Shri Rajendra Soni, Shailesh Pra.Sharma
NK Maloo, SS Hora, Tanveer Ahmed,Vinod Gupta, 
Kailash C. Sharma, RD Soni/Kuldeep Aswal, 
Rampartap Saini, Ripu DS Naruka, HR Kumawat,
Praveen Sharma, Rajeev Sogarwal, JK Yogi, 
Rajesh Kala, SS Mahla, Shiv C.Gupta & TC Sharma.
 
Mr. RP Singh Addl. Adv. General, for respondents-States
Mr. Sandeep Saxena & Anoop Agrawal, for respondentsSince all these petitions as per Schedule appended herewith involve common question, hence at joint request, were heard together and are being disposed of by present order.The dispute relates to eligibility of petitioners who applied for the posts of Rural Lab. Technician/Lab. Technician for their participation in the process initiated by the respondents pursuant to two different advertisements dt.07/07/2008 & dt.06/10/2009 respectively.Post of Rural Lab. Technician (RLT) is included in Schedule-IV (Medical Side) of Rajasthan Rural Medical & Health Subordinate Service Rules, 2008 (Rules, 2008) while post of Lab. Technician (LT) is included in Schedule-  of Rajasthan Medical & Health Subordinate Service Rules, 1965 (Rules, 1965). However, eligibility for the post of Lab. Technician (Rural) under Rules, 2008 or of Lab. Technician under Rules, 1965 is one and the same.The instant petitioners intending to participate in the process of selection initiated by respondents, submitted their applications pursuant to advertisements dt. 07/07/2008 & dt.06/10/2009, as the case may be, for the post of Rural Lab. Technician or Lab. Technician; but their candidature was rejected on the premise that they were not holding training of Laboratory Technician from institutes recognized by Government.Earlier, in a bunch of writ petitions (CWP-11339/08 Deepak Nehra Vs. State & Other cognate cases, decided vide order dt.06/02/09) this Court directed the petitioners to submit their representation independently to the State Government, which was directed to decide the same within one month. Their representations were rejected by State Government vide order dt.26/03/09 (Ann.12-CWP-5966/09) while holding that Institutes from where training of Lab. Technician acquired by petitioners has not been recognized by State Government; as such they cannot be considered to be eligible for the posts of RLT/LT under Rules, 2008 & 1965, which has been assailed by a bunch of instant petitions.Apart from academic qualification of Secondary Standard, nine months training of Laboratory Technician from the institutes recognized by Government is also one of the  qualifications for the applicants claiming themselves to be eligible under Rules, 2008 & 1965. Schedule-IV (Medical Side) of Rules, 2008 prescribes minimum qualification of Laboratory Technician (Rural) ad infra:S.No./ Designation           of Post 

Methods of recruitment with %

Post from which promotion is to be made 
Qualification & experience for promo
tion 
Qualification & Experience for 
Direct recruitment 
Remarks 
2. Laboratory
Technician
100% by direct recruitment
   -
     -Secondary Standard with 9 months Laboratory Technician Course passed from Institutes recgonised by Government.If no suitable person is available, post shall be filled in by transfer from Laboratory Technician appointed under Rajasthan & Health Subordinate Service, 1965

		Group A-VI (Para Medical Cadre (Medical) of Schedule-I of Rules, 1965 prescribes minimum qualification of Laboratory Technician ad infra:S.No. Name 
          of
          Post 

Source of recruitment with percentage
Direct recruitment/            
Pro
mo-tion
Minimum Qualification & Experience for 
Direct recruitment 
Post from which promotion is to be made 
Min Qualification & experience for promotion 
Remarks4. Laboratory 
Technician
100.00%-Secondary or its equivalent with 9 months Training Certificate from Institute. Recognised by Govt.,                Or  
In the event of non-availability of candidates possessing certificate of 9 months training from Institution recognised by Government, the candidates possessing the following qualifications can be considered  Secondary of a recognised certificate of Laboratory Technology course run by the Santokba Durlabhji Memorial Hospital, Jaipur or B.Sc. With Biology with Post Graduate Diploma in Laboratory Technology from the Maharshi Dayanand Saraswati University, Ajmer with Hospital based training in the JLN Medical College, Ajmer recognised by the Govt.--There shall be no distinction between Laboratrory Technician & Malaria Technician. The cadre will be re-designated as Laboratory Technician only.In most of writ petitions, petitioners did their Diploma in Medical Laboratory Technology from Janardan Rai Nagar Rajasthan Vidyapeeth University (JRN University), Udaipur, being established U/s 3 of theUGC Act, 1956vide notification dt. 12/01/1987 of Government of India; while there is another bunch of writ petitions where the petitioners did Diploma/Certificate course of Medical Laboratory Technology from various institutes run by the Societies registered under Society's Registration Act.After examining writ petitions, the Court has been able to find out few of the institutes, from which the petitioners did their training - on the basis whereof they claim themselves to be eligible for the posts of RLT/LT :-(1)One year's Diploma from PMTS of India & PMTO of India registered by Delhi Administration, Government of India under SR Act XXI of 1860 (CWP-5244/09, 5248/09, 9505/09, 14667/09);
(2)Indian Medical Association, New Delhi registered Society through its School  (a) Sevayatan Institute of Para Medical Science, Sikar (CWP-8188/09), (b)Rajdhani Institute of Para Medical Technology, Alwar (CWP-15880/09);   
(3)Institute of Para Medical Technology, New Delhi (One year Diploma)(CWP-5250/09);
(4)Sanjeevan Institute of Paramedical Sciences & Nursing Jaipur (CWP-13458/09)
(5)University of Tech. & Sciences, Raipur (CWP-15861/09)
(6)Institute of Public Health Hygiene, New Delhi (CWP-14158/09) & 14667/09 (Mahesh Kr. Dewat);
(7)Punjab Technical University Jalandhar (CWP-16038/09);(8)Sanford Institute of Paramedical Sciences Bangalore (CWP-13458/09) & Indian Health & Para Medical Research, Bikaner (CWP-16096/09) under Continuing Education Centre approved by All Indian Council for Technical Education (statutory body of Government of India);
(9)Baba Haridas College of Pharmacy & Technology New Delhi under Board of Technical Education, Delhi (CWP-14125/09);
(10)VMRF Deemed University Salem (Tamilnadu)(CWP-14667/09  Vasudev Sharma)
All these are private institutes registered under registration of societies Act or with Indian Medical Association recognised by Director, Health & Medical Service Government of India. Indisputably, the training of medical laboratory technology imparted by these private institutes (supra) is not being recognized by the Government.Counsel for petitioners jointly submit that since the petitioners did their diploma/ certificate from a University established U/s 3 of theUGC Act, which needs no further recognition from the Government; hence diploma/ certificate of medical laboratory technology is deemed to be recognized for all practical purposes. Counsel further submits that the department of Education, Govt. of Rajasthan  has issued a Circular dt.03/11/99 holding that those holding Degree from a University established under Central/State Act, no further recognition of their Degree is required from the Government for employment. Taking assistance of Circular dt.03/11/99, Counsel submit that no further recognition from State Government for employment is required in regard to diploma/certificate awarded to the petitioners by JRN University and their diploma /certificate course in medical laboratory technology from JRN University has to be treated to be recognized qualification and based thereon, they are eligible to participate in the process initiated by respondents pursuant to advertisements dt.07/07/08 & 06/10/09 and denial thereof is in violation of principles of natural justice and ofArt.14of Constitution of India .On behalf of petitioners who did their diploma/certificate of medical laboratory technology from private institutes (supra) of societies duly registered but not recognized by State Government, Counsel jointly submit that since their diploma/certificate has been awarded from the society registered under Society's Registration Act and recognized by respective State or by Central Government, which does not require any further recognition from Government of Rajasthan and they do hold requisite qualification and rejection of their candidature by respondents is wholly arbitrary and their action deserves to be set aside.The University Grants Commission (respondent-5)  has filed its counter by way of an affidavit in CWP-5966/09 in regard to such petitioners who did their diploma/ certificate from JRN University. In the affidavit dt. 25/09/2009, it has been inter-alia deposed that JRN University was granted status of deemed to be University without any off campus centre vide notification dt.12/01/87; and such deemed to be universities are not permitted by the UGC to open any study centre or any off-campus centre; inasmuch as they are not empowered to grant affiliation to any other institutes. However, JRN University started certain courses under distance education programs which were not recognized since the UGC did not approve off-campus centre or to open any study centre or to affiliate any institute; but still these off-campus centers were established by JRN Univ.; however, after detailed correspondences, the UGC conveyed its one time ex post facto approval vide letter dt.03/07/2006 (Ann.R/7). However, in para 32 of counter affidavit, as regards Diploma in medical Laboratory technology, it has also been deposed ad infra:32. That however, it is submitted that so far as certificate and diploma courses are concerned, the UGC does not specify the same and the UGC does not have any information regarding two years diploma course in medical Lab Technology of Janaradan Rai Nagar Rajasthan Vidyapeth.Respondent-State in its reply (CWP-8803/2009 Vijay Kumar Bairwa Vs. State)	 in paras 5 & 6 has specifically averred that training courses of Laboratory Technician were conducted in Government Hospitals alongwith two private institutions namely (1) Santokba Durlabhji Hospital, Jaipur & (2) B.Sc. (Biology) from Mahrishi Dayanand Saraswati University, Ajmer with practical training from JLN Hospital, Ajmer, duly recognized for conducting Lab. Technician course vide order dt.25/07/1995 till 02/11/2004; and thereafter stood transferred to the Department of Higher Technical Education; and subsequent to 02/11/2004, the Department of Higher Technical Education granted recognition to only four Govt. Medical Colleges & Two private medical colleges for training course of Lab. Technician ad infra :Government Medical Colleges:(1)SMS Medical College, Jaipur 
(2)JLN Medical College, Ajmer
(3)SN Medical College, Jodhpur
(4)Government Medical College, Kota

           Private Medical Colleges :(1)Institute of Medical Technology & Nursing Education, Jaipur 

(2)Smt. Dakuben Sharemaiji Sancheti Para-Medical Institute, Sumerpur (Pali)
Per contra, learned Additional Advocate General on the other hand submits that neither diploma/certificate from JRN University nor other private institutes are recognized by State Government  in absence whereof,   petitioners cannot be considered to be eligible holding requisite training of medical Laboratory technology; as such they are not eligible to participate in the process pursuant to both the advertisements and their rights could not be said to have been infringed.This Court has considered rival contentions of Counsel for the parties and with their assistance, examined material on record. This Court would like to first deal with such petitioners who did their diploma/ certificate course of medical laboratory technology training from JRN University. From the counter affidavit filed on behalf of respondent-UGC, this fact remains undisputed that JRN University was granted status of deemed to be University vide notification dt.12/01/87 U/s 3 ofUGC Act, which provides that the Central government may, on the advice of the commission, declare, by notification in official gazette, that any institution for higher education, other than a University, shall be deemed to be a university for the purpose of theUGC Act; and on such a declaration being made, all the provisions of theUGC Actshall apply to such institution as if it were a University within the meaning of Cl.(f) ofS.2of the UGC Act. However,S.22(1)of UGC Act provides that right of conferring or granting Degrees shall be exercised only by a University established or incorporated by or under a Central Act, or aProvincial Actor a State Act or an institution deemed to be a University U/s 3 ofUGC Actto confer or grant Degrees; whereas U/s 22(2) of the Act, no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.In the instant cases, diploma/ certificate of medical laboratory technology is not a course being recognized or approved to an institution for higher education having status of a deemed University U/s 3 ofUGC Actlike JRN University; per contra, the UGC in its affidavit-para 32 has clearly deposed that UGC does not have any information regarding  diploma course like present one - medical laboratory technology and is not a part of curriculam of Institution for higher education  established under a statute or a deemed University established U/s 3 ofUGC Act.Circular dt.03/11/1999 issued by State Government referred to by petitioners only confines to a degree having been conferred by Universities or those having status of a deemed University U/s 3 ofUGC Actand rightly so, since University alone can confer or grant degree U/s 22(1) of the Act and if degree has been awarded by a University established under statute or underUGC Act, certainly it needs no further recognition from any State authority; but at the same time, such diploma/certificate courses being not a part of curriculum of a University imparting higher education for awarding degree U/s 22(1) ofUGC Actin absence of an Institution (JRN University)being recognized by State Government in the opinion of this Court, such diploma/certificate of medical laboratory technology from JRN University cannot be considered to be a training from recognised institutions, which is a condition of eligibility for the posts of RLT/LT under Rules, 2008 & 1965 and candidatures of petitioners holding diploma/ certificate of medical laboratory technology from JRN University have rightly been rejected declining to participate in the process initiated under both the advertisements dt. 07/07/08 & 06/10/09.As regards petitioners of second category holding diploma/certificate of medical laboratory technology either from a registered society or from institution recognized by DGHS or Government of India or from other State Government, if any, will not hold corresponding deemed recognition by the Government (State of Rajasthan); and in the opinion of this Court, unless such diploma/certificate awarded by such institutions, being recognized by State Govt., it cannot be considered to be a deemed recognition to an institute imparting training course of medical laboratory technology which may make them eligible under Rules, 1965/2008 to participate in the process initiated by respondents.However, this Court would like to observe that the State legislature has enacted Act No.25 of 2008Rajasthan Para-medical Council Act, 2008(Act, 2008) which came into force from its publication in Rajasthan Gazette dt.05/08/2008. Basic object of enactment of the Act, 2008 was to provide and constitute Para-medical council which may regulate para-medical profession and grant recognition to institutions imparting education or training of para-medical subjects in State of Rajasthan.S.2of Act, 2008 deals with definitions. Its clauses (g) & (h) define recognized institution and recognized para-medical qualification ad infra:(g) recognized institution means an institution imparting education or training in any of the para-medical subjects and recognized under the provisions of this Act.(f) recognized Para-medical qualification means a degree, diploma or a certificate in any of the para-medical subjects granted by a recognized institution or a qualification declared to be a recognized qualification under Sec.32.At the same time, Chapter IV provides procedure for recognition of paramedicalInstitution and Chapter-V of the Act, 2008provides recognition of qualifications granted outside the territories to which this Act extends; and as per S.32, the Council, if satisfied that any qualification in para medical subjects granted by an authority outside the territories of the State of Rajasthan affords a sufficient guarantee of the requisite skill and knowledge, may declare such qualification to be a recognized qualification for the purposes of this Act. Thus, institutions imparting training outside the territory of the State of Rajasthan can also be recognised qualification by Council constituted under Act, 2008 but only after declaration U/s 32, it will be considered to be a recognized para-medical qualification U/s 2(h) of the Act, 2008.In the instant cases, diploma/ certificates which the petitioners hold either from JRN University or from other private institutions (supra)  in absence of being recognized by Council constituted under Act, 2008, such diploma/ certificate conferred by JRN University or other private institutions, may be registered under Registration of Societies Act or recognized by DGHS or Government of India, cannot be considered as a recognized para-medical qualification under Rules, 2008 or 1965 for the posts of RLT/LT.Consequently, writ petitions as per schedule appended herewith fail and are hereby dismissed. No order as to costs.(Ajay Rastogi), J.K.Khatri/p17/
5966CW09-Fb25Rsrd(45)Lab.Tech.doc


		     
      			Schedule to Judgment 
		    in CWP-5966/2009 & Cognate cases
						***
S.No. CWP Nos. / Name of Petitioners/Versus State & Ors

1.5966/2009		Anand Mishra & Anr 
2.8803/2009		Vijay Kr. Bairwa 
3.5768/2009             Murarilal Sharma & (17) Ors 
4.11601/2009           Pratap Mewara 
5.14309/2009	Ram Prasad Meena 
6.5387/2009		Yogeshwar Nath 
7.6010/2009		Heeralal Sharma & Anr
8.6762/2009		Mubarak Ali 
9.7274/2009		Sagar Mal Rewar & (4) Ors.10. 7092/2009	Suresh Kumar11. 7958/2009	Ajay Kr. Sharma12. 8263/2009	Saurabh Chauhan13. 8581/2009	Udayditya Joshi & (2) Ors.14. 13798/2009	Abdul Razzaq Naqvi & (2) Ors 
15.13936/2009	Girish Kumar Balai & (2) Ors 
16.13986/2009	Manglesh Kumar Carpenter & Anr
17.14072/2009	Jakir Ali 
18.14284/2009	Kanhaiya Lal Roat & Anr
19.14384/2009	Madanlal Verma & (4) Ors.20.14472/2009	Mahesh Kumar Singhal & (8) Ors.21.14518/2009	Anil Kumar Yadav & (2) Ors.22.14679/2009	Mohd. Nahid Naqvi & Anr
23.14687/2009	Shaitan Singh Choudhary & (2) Ors 
24.14730/2009	Ashok Kumar Sharma 
25.14851/2009	Abdul Aleem & Abdul Wahab
26.15023/2009	Ved Prakash Meena 
27.15074/2009	Kumari Subhita 
28.15879/2009	Shailendra Kumar 
29.16123/2009	Tara Chand 
30.16127/2009	Kallan Ram Rajput 
31.49/2010		Ram Gopal Bairwa & Anr
32.90/2010		Puran Mal Verma 
33.8188/2009             Rajendra Pd. Bijarniya & Anr 
34.5250/2009             Narendra Goyal 
35.13458/2009           Matadin Gurjar & (2) Ors 
36.15861/2009           Rajesh Kr. Dhakar 
37.9505/2009             Ashok Kr. Sharma 
38.14125/2009           Bhanwar Singh
39.14158/2009           Avinash Kr. Saini 
40.14667/2009           Yateendra Vyas & (5) Ors 
41.15880/2009           Hemant Kr. Deegwal
42.16038/2009           Surendra Kr Dahiya 
43.16096/2009           Naresh Kumar
44.5244/2009             Ganesh Sharma 
45.5248/2009             Prithvi Raj 
				Versus State & Ors

							(Ajay Rastogi), J.K.Khatri/p17/
5966CW09-Fb25Rsrd(45)Lab.Tech.do