Himanshu Trivedi @APPELLANT@Hash State of Rajasthan & Ors.

Heard learned counsel for the parties.

Challenge in the writ petitions is to the condition in the notification dated 23.05.2018 promulgating the Rajasthan Medical & Health Subordinate

Service (Second Amendment) Rules, 2018 and as a result thereof existing entry at serial No.8 in the Rajasthan Medical & Health Subordinate Service

Rules, 1965 being substituted.

As per the original Rules, for the post of Laboratory Assistant, eligibility prescribed was :-

“1. Secondary or its equivalent. and

Any diploma/certificate course in Medical Lab Technician from a institute recognized by State Government; or

one year’s experience in medical lab run by State Government.â€​

 4 The substitution is as under:-

“1. Senior Secondary with Science or its equivalent and

Any diploma in Medical Laboratory Technology from an institute recognized by the State Government.

However, for the first time recruitment, after the commencement of the Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2018,

any persons possessing.-

Secondary or its equivalent: and

Any Diploma in Medical Laboratory Technologyfrom an institute recognized by the State Government:

or

Having minimum three years experience of working as Laboratory Assistant, Laboratory Technician in State Government Hospitals on contract basis

or through Service Provider Agency, shall also be eligible.â€​

Challenge is restricted to the erstwhile one year experience in Medical Lab run by the State Government being replaced by three years experience.

Relevant would it be to highlight that as per the earlier Rules the eligibility was either a Secondary or its equivalent and a diploma in

medical/certificate course in Medical Laboratory Technician from an institute recognized by the State Government or one year experience in the

Medical Lab run by the State Government. The amended Rule now requires Senior Secondary with Science or its equivalent and diploma in

Medical Laboratory Technology from the institute recognized by the State Government.

But, for the first recruitment after the amendment to the Rules i.e. the ensuing recruitment, educational and technical qualifications are prescribed

as Secondary or its equivalent and diploma in Medical Laboratory Technology or minimum three years experience of working as Laboratory Assistant

or Laboratory Technician.

Now, it is settled law that prescribing educational and technical qualifications is within the domain of the executive. Prescribing Senior Secondary

with Science or its equivalent by replacing erstwhile eligibility of Secondary or its equivalent cannot be faulted with and indeed is not the subject matter

of challenge in the writ petitions. The challenge is to the condition of three years experience in place of one year experience as was prescribed in

the earlier Rules.

Being a matter of policy it would lie within the domain of the executive to decide as to what experience should suffice as an eligibility condition.Â

The contention advanced that after 2013 no recruitments were made and thus, those vacancies which accrued prior to the amended Rules required to

be filled up as per the Rules in force when the vacancies arose is noted and rejected firstly for the reason it is a case of direct recruitment and for the

additional reason that a conscious decision has been taken that all existing vacancies would be filled up as per the amended Rules.

The writ petitions are dismissed in limine.