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1995 DIGILAW 967 (RAJ)

State of Rajasthan v. Ranvir Singh

1995-11-02

RAJENDRA SAXENA

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JUDGMENT 1. - These revision petitions, details of which have been enumerated in schedule-A appended to this order, have been directed against the order dated 30.9.1994 passed by the learned Additional District Judge, No. 2. Bharatpur, whereby he partly allowed the appeals filed by the petitioners and modified the order dated 26.5.1991 of the learned Munsif, Bharatpur and directed the petitioners through a temporary injunction for considering the case of non-petitioners on the basis of marks obtained by them in their High School Examinations and thereafter to prepare afresh merit-list for the course of Laboratory Technicians. 2. Since these petitions arise out of a common order passed by the Munsif, those are being disposed of this common order. 3. Stated in succinct, the relevant facts are that the Director, Medical & Health Services, Rajasthan, Jaipur (Petitioner No. 2) vide Notification dated 20.1.1993 invited applications for the training course of Laboratory Technicians for ten training centers in the State. For the training centre under the control of the Chief Medical Officer, Bharatpur (Petitioner No. 3), applications were invited for 20 seats. It was mentioned in the said notification that the applicant should be a bona fide resident of Rajasthan, should have pass secondary examination from an institution recognised by State Government. It was further notified that preference shall be given to the candidates, who have passed the secondary examination with science having the medical group of subjects namely, Chemistry, Physics and Biology. It was also notified that the selection shall be made on merits on the basis of marks secured in secondary examination. In these cases all the non-petitioners, who have passed the High School examination from Secondary Education Board, Uttar Pradesh, also applied for the said course. It is alleged that the candidates having secured 58.4% to 68.5% marks were selected for the said course. It is alleged that the non-petitioners, who have secured more than 60% marks, were not included in the select list, that their cases were not even considered on the ground that they did not pass the secondary examination and that in their mark-lists, it was show that they have passed the paper of Science-II, which was vague and it was not discernible that the said paper included Physics & Chemistry subjects. 4. The non-petitioners filed Civil Suits in the Court of learned Munsif, Bharatpur challenging the said select list. 4. The non-petitioners filed Civil Suits in the Court of learned Munsif, Bharatpur challenging the said select list. They also separately filed application u/O. 39 Rr. 1 & 2 r/w Section 151 CPC. The learned Munsif by his order dated 26.5.1994 held that the High School examination conducted by the Secondary Board of Education, Uttar Pradesh was equivalent to the Secondary Examination, that the said examination was duly recognised by the Rajasthan Government, that case of such candidates should have been considered and that in case two candidates secured equal percentage of marks then the candidate, who has passed the secondary examination with Physics, Chemistry and Biology group should be given preference. He, therefore, allowed those applications and through a temporary injunction directed the petitioners to consider the case of non-petitioners, thereafter to prepare a fresh merit-list and to give admission to them in case they were found meritorious on the basis of such merit-list within a month. 5. Aggrieved by the said order, petitioners filed appeals before the learned District Judge, Bharatpur, which were transferred to the learned Additional District Judge, who by his impugned order dated 30.9.1994 partly allowed those appeals and set aside the order of the learned Munsif to the extent the latter had formulated the criterion for preference. He also modified the order of the Munsif and directed the petitioners to consider the cases of non-petitioners on the basis of the marks secured by them in the High School Examination and to prepare the fresh merit list. Hence these revision petitions. 6. I have heard the learned counsel for the parties at length and perused the available relevant record as also the prospectus of the High School Examination issued by the High School and Intermediate Examination Board, Uttar Pradesh. 7. In Purshottamlal Sharma v. State of Raj., 1991 (1) RLR 688 it has been held that a candidate who has studied in a recognised institution and passed the High School examination from the Board of Secondary Education, Uttar Pradesh is fully qualified to the admitted for the training in the Laboratory Technician Course conducted by the Government of Rajasthan. Chapter-9 of Regulation 44-A of the Rajasthan Higher Secondary Board also, clearly indicates that the High School examination conducted by the Secondary Board of Education Uttar Pradesh has been recognised by the Government of Rajasthan. Chapter-9 of Regulation 44-A of the Rajasthan Higher Secondary Board also, clearly indicates that the High School examination conducted by the Secondary Board of Education Uttar Pradesh has been recognised by the Government of Rajasthan. Thus the High School examination conducted by the Board of Secondary Education, Uttar Pradesh is equivalent to the Secondary Examination conducted by the Rajasthan Board of Secondary Education. 8. There is no dispute that the non-petitioners are bona fide residents of Rajasthan. 9. The contention of Shri Richh Pal Singh, the learned counsel for petitioners is that in the mark-lists submitted by the non-petitioners they have been shown to have pass the Science Group-II paper but it has not mentioned that the said paper consists of Physics and Chemistry subjects. The Principles of the respective institutions, from where the non-petitioners have passed the High School Examination, have certified that the subject `Science-II" means Physics and Chemistry both. In the prospectus for the High School examination, it has been specifically mentioned that the subject Science-II shall comprise of 1st Question paper for Physics; IInd Question paper for Chemistry and also the practical examination. Thus it is abundantly apparent that the subject "Science-II' of the said High School examination includes Physics & Chemistry subjects both. The mark sheets of the non-petitioners also show that they have separately passed the paper for Biology. Thus, the non-petitioners possess the requisite academic qualification required for Laboratory Technician Course. There is no dispute that the petitioners died not consider the cases of non-petitioners, while preparing the merit list and thus their right for consideration for the said course has apparently been violated. Therefore, the non-petitioners have a strong prima facie case in their favour. 10. If the cases of non-petitioners are not considered for the course in question an irreparable loss shall be caused to them. The scales of convenience also tilt in their favour. 11. The learned counsel for the petitioners have submitted that for Bharatpur centre the course for Laboratory Technicians in pursuance to Notification dated 20.1.1993 has still not commenced. 12. In such circumstance, the learned Additional District Judge has not committed any illegality or material irregularity. The impugned order also does not suffer from any vice of error in exercise of jurisdiction. 13. In the result, these revision petitions are merit less and those are hereby dismissed. 12. In such circumstance, the learned Additional District Judge has not committed any illegality or material irregularity. The impugned order also does not suffer from any vice of error in exercise of jurisdiction. 13. In the result, these revision petitions are merit less and those are hereby dismissed. The petitioners are directed to consider the cases of the non-petitioners by preparing a fresh merit-list on the basis of the marks secured by the candidates in secondary examination or its equivalent examination, giving preference to candidates. Who have passed such examination with Physics, Chemistry & Biology subjects and it any non-petitioners comes in merit, then he been given admission in the ensuing. Lab Technician Course at Bharatpur Centre in pursuance to the notification dated 20.1.1993. No order as to costs.Revision dismissed. *******