Lokesh Kumar Yadav @APPELLANT@Hash State of Rajasthan & Ors

MOHAMMAD RAFIQ, J

This writ petition has been filed by the petitioners challenging the Rajasthan Medical & Health Subordinate Service (Amendment) Rules, 2018

promulgated vide notification dated 23rd May, 2018 to the extent it denies them eligibility for appointment on the post of Lab Assistant / Lab

Technician.

Filing of the writ petition has been triggered by advertisement dated 29th May, 2018 issued by the respondentState inviting applications from eligible

candidates for appointment on the post of Lab Assistant. Eligibility criteria introduced by the aforesaid amendment requires that the candidate should

be having the qualification of Senior Secondary with Science or its equivalent and any diploma in Medical Laboratory Technology from an institute

recognised by the State Government. However, for the first time recruitment after the commencement of the Rajasthan Medical and Subordinate

Service (Amendment) Rules, 2018 any person possessing (1) Secondary or its equivalent and (2) any diploma in Medical Laboratory Technology from

an institute recognised 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 would also be eligible.

The complaint of the petitioners is that petitioner nos.1 to 3 namely; Lokesh Kumar Yadav, Santosh Kumar Yadav and Harisingh were working as

Helper in Jaipuriya Hospital and petitioner nos.4 and 5 namely; Damodar Meena and Sonam Godiwal were working as Helper in Community Health

Centre, Chaksu. They were selected for such appointment pursuant to advertisement dated 24.1.2014 after undergoing due process of selection and

their appointment order was issued on 22.2.2014.

Initially, the appointment was made for one year which was extended by order dated 12.10.2015 and thereafter again extended by order dated

20.10.2016 and in this manner they were allowed to continue till 31.3.2017. They have thus the experience of more than three years.  Â

It is contended that though the nomenclature held by the petitioners was not of a Lab Attendant, but they have actually performed the work of Lab

Assistant as there was no regular Lab Attendant in the hospital/dispensary where they were working. Besides, the petitioners used to also help the

Lab Technician in the hospital. The aforesaid amended Rules is thus liable to be struck down, being discriminatory qua the petitioners inasmuch as the

eligibility on the basis of experience to only those working as Lab Assistant / Lab Technician has no reasonable nexus with the object sought to be

achieved as it does not qualify the test of reasonableness.

Having heard the learned counsel for the parties and perused the material on record, we hardly find any substance in the argument of the learned

counsel for the petitioners. The nature of work discharged by a Lab Assistant or a Lab Technician is qualitatively different than the work of a

Pharmacist. Petitioners were not even Pharmacists, but were appointed as Helper to the Pharmacist and therefore they cannot claim to have

acquired the experience of working in a Laboratory of a Government Hospital. In the considered view of this Court, making only Lab Assistant / Lab

Technician with experience as eligible has indeed a reasonable nexus with the object sought to be achieved and it does qualify the test of reasonable

classification. The aforesaid Rules cannot be said to be therefore ultra vires to the Constitution of India.

The writ petition being devoid of any merits, is hereby dismissed.