1 S.B. CIVIL WRIT PETITION NO.8957/2008. (SMT. REENA SAMUAL VS. STATE OF RAJ. & ORS.) DATE OF ORDER : 10.11.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. B.S. Deora for the petitioner. To be declared as a person eligible to be considered for appointment to the post of Lab Technician under the Rajasthan Medical and Health Subordinate Service Rules, 2008, this petition for writ is preferred. The Rules of 2008 are not available with learned counsel for the petitioner, however, it is stated that in the notification dated 07.07.2008 itself, whereby the respondents invited applications from eligible desirous candidates to be considered for the purpose of appointment to the post of Lab Technician, the eligibility is prescribed and as per that the qualification of Secondary or equivalent thereto with 9 months Laboratory Technician Course from an institute recognized by the Government is required for such consideration. 2 The petitioner is having diploma in Medical Lab Technology from Para Medical Technology Organization (PMTO) of India, Delhi-53, which is said to be a society registered under the Societies Registration Act. The petitioner is admittedly not having 9 months Medical Laboratory Technology Course from an institute recognized by the Government of Rajasthan. It is asserted by learned counsel for the petitioner that the requirement of the post is that the incumbent should have adequate educational qualification for Para Medical Course and that is possessed by the petitioner, therefore, the insistence to have the same from an institution recognized by the Government i.e. the Government of Rajasthan is absolutely unwarranted. I do not find any merit in the arguments advanced. If an eligibility is required by the employer to be considered for appointment on a post either by statute or in absence of that by an administrative instruction, the aspirant to be considered for appointment should have that. The competent authority is having absolute right to decline for such consideration if the incumbent is lacking the eligibility for appointment. In the instant matter, the petitioner is admittedly lacking qualification i.e. of 9 months Laboratory Technology Course from an 3 institution recognized by the Government of Rajasthan and, therefore, I do not find any wrong in rejecting candidature of the petitioner. Beside that no material is available on record on basis of that even genuineness of the qualification possessed by the petitioner can be examined. For the reasons stated above, the petition for writ is dismissed. (GOVIND MATHUR)J. Anil/