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CASE NO.: Appeal (civil)  1398 of 2006

PETITIONER: Jitendra Kumar Kumhar and Anr. Etc. Etc.

RESPONDENT: State of Rajasthan and Ors. Etc. Etc.

DATE OF JUDGMENT: 30/01/2008

BENCH: B.N. AGRAWAL & G.S. SINGHVI

JUDGMENT: JUDGMENT

O  R  D  E  R With Civil Appeal Nos.1400/2006,1426/2006,1427/2006,4907/2006 and 1399/2006 Civil Appeal Nos.1398/2006, 1400/2006, 1426/2006, 1427/2006 and 1399/2006

       The applications for intervention in Civil Appeal No.1426 of 2006 are  allowed and the applicants are permitted to be impleaded as appellants.         Heard learned counsel for the parties.         The question which fell for decision of the High Court was whether the  appellants of these appeals were eligible for consideration for the post of Laboratory  Technicians in terms of Rule 11 of the Rajasthan Medical and Health Subordinate  Service Rules, 1965, (hereinafter referred to as ‘the Rules’) read with Schedule  apprehended thereto, according to which hundred percent of the posts of Laboratory  Technicians have got to be filled up by direct recruitment and the eligibility for  consideration for the said post is that a person must pass out secondary school  examination and undergo nine months training from an institute recognised by ....2/-

- 2 - the Government.  In the present case, undisputedly, all the appellants have passed out  secondary school examination and they have undergone nine months training not only  from the institutes recognised by the Government but from the Government hospitals  itself.  This being the position, we have no difficulty in holding that the appellants  were eligible for the posts of Laboratory Technicians and the High Court was not  justified in holding otherwise.           Accordingly, the appeals are allowed, impugned orders are set aside and it  is held that the appellants are eligible for consideration for the post of Laboratory  Technicians.  Undisputedly, prior to the filing of the writ petitions, no advertisement  was issued for filling up the posts of Laboratory Technicians.  This being the position,  it is directed that the appellants shall be considered for appointment on the posts of  Laboratory Technicians, whenever the same are advertised and if it is so advertised,  they can apply for the same.  If they are otherwise found suitable, appointment shall  not be refused merely because they have crossed the upper age limit in which  eventuality age bar in relation to these appellants shall be relaxed.    Civil Appeal No.4907 of 2006:         Heard learned counsel for the parties.         In our view, the High Court has not committed any error in refusing to  condone the delay.         The appeal, accordingly, fails and the same is dismissed.