JUDGMENT Hon'ble RASTOGI, J.-Since 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. 2. 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.06/1 0/2009 respectively. 3. 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) o under Rules, 2008 or of Lab. Technician under Rules, 1965 is one and the same. 4. 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.06/1 0/2009, 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. 5. 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. 6. 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. 6. 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. Designation Methods Post Qualifi- Qualifi- Remarks No. of Post of from cation cation & recruit- which & Exper- ment promo- exper- ience for with % tion is ience Direct to be for recruit- made promo- ment tion 2. Laboratory 100% - - Secondary If no suitable Technician by Standard person is direct with 9 available, recruit- months post shall be ment Laboratory filled in by Technician transfer from Course Laboratory passed Technician from appointed Institutes under recgonised Rajasthan & by Govt. Health Subordinate Service, 1965 7. Group A-VI (Para Medical Cadre (Medical) of Schedule-I of Rules, 1965 prescribes minimum qualification of Laboratory Technician ad infra: S. Name Source Pro- Minimum Post Min Remarks N. of Post of mo- Qualification from Qual- irecruit- tion & Experience which fica- ment for Direct pro- tion & with recruitment mo- exper- percen- tion ience tage is to for Direct be promo- recruit- made tion ment/ 4. Labora- 100.00% - Secondary or - - There shall tory its equivalent be no Techni- with 9 distinction cian months between Training Laboratory Certificate Technician from Institute. & Malaria Recognised Technician. by Govt., The cadre Or will be re- In the event designated of non- as availability of Laboratory candidates Technician possessing only. certificate of 9 months training from Institution recognised by Govt., the candidates possessing the following qualifications can be considered- Secondary of a recognized 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 recognized by the Govt. 8. 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 the UGC Act, 1956 vide 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. 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. 9. 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 (CWP13458/09) & Indian Health & Para Medical Research, Bikaner (CWP16096/09) 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. 10. Counsel for petitioners jointly submit that since the petitioners did their diploma/ certificate from a University established u/S. 3 of the UGC 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. 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 I principles of natural justice and of Art.14 of Constitution of India. 11. 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. 12. 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. 25.9.2009, 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.12.1.1987; 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. 3.7.2006 (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. 3.7.2006 (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, Ajrner with practical training from JLN Hospital, Ajmer, duly recognized for conducting Lab. Technician course vide orderdt.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. 13. 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. 13. 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 o JRN University was granted status of "deemed to be University" vide notification dt.12/0l/87 u/S. 3 of UGC 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 the UGC Act; and on such a declaration being made, all the provisions of the UGC Act shall apply to such institution as if it were a University within the meaning of CI. (f) of S.2 of 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 a Provincial Act or a o State Act or an institution "deemed to be a University" u/S. 3 of UGC Act to confer or graht 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. 14. 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 of UGC Act like 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 curriculum of o Institution for higher education established under a statute or a deemed University established u/S. 3 of UGC Act. 15. Circular dt. 15. Circular dt. 3.11.1999 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 of UGC Act and 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 under UGC 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 o u/S. 22(1) of UGC Act - in 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 RL T /L T 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. 7.7.2008 and 6.10.2009. 16. 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. 17. However, this Court would like to observe that the State legislature has enacted Act No.25 of 2008 - Rajasthan Para-medical Council Act, 2008 ("Act, 2008") which came into force from its publication in Rajasthan Gazette dt.OS/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 paramedical subjects in State of Rajasthan. 18. Section 2 of Act, 2008 deals with definitions. Its cls. 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 paramedical subjects in State of Rajasthan. 18. Section 2 of Act, 2008 deals with definitions. Its cls. (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 paramedical Institution and Chapter-V of the Act, 2008 provides 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 paramedical qualification u/S. 2(h) of the Act, 2008. . 19. 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. 20. Consequently, writ petitions as per schedule appended herewith fail and are hereby dismissed. No order as to costs.