1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Rakesh Mehta Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.7278/2006 Date of Order : : 05/11/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Ms.Aruna Negi for Mr.P.R.Mehta, for the petitioner Mrs.R.R.Kanwar, Additional Government Counsel. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order Annexure-9 dated 29th September, 2006 selecting the respondents No.5 and 6 for the post of Senior T.B.Lab Supervisor (S.T.L.S.). I have heard learned counsel for the parties. It is contended by learned counsel for the petitioner that the petitioner possesses qualification of 10+2 in 2 Arts subject with D.M.L.T. whereas the respondent No.5 possesses the qualification of 10+2 in Agriculture subject with C.M.L.T. and therefore, he did not possess the requisite qualification. The diploma in Medical Lab Technician (D.M.L.T.) is mandatory requirement for the said post which is evident from the advertisement Annexure-1. Learned counsel appearing for the respondent- State submits that the qualification advertised by Annexure-1 for the post of Senior T.B.Lab Supervisor (S.T.L.S.). is 10+2 or T.D.C. Ist year with Science subject and diploma in Medical Lab Technician (D.M.L.T.), however, it was made clear that if candidate of science is not available then candidate from other subject shall also be considered. It is contended that the petitioner had passed his 10+2 examination with Arts subject whereas the respondents No.5 and 6 passed their 10+2 examinations with Agriculture and Science subjects respectively and they were entitled to get appointment on the said post. Learned counsel further contends that since the respondent No.5 & 6 were engaged on the contractual basis in the year 2006 for a period of one year, therefore, no question of violation of Article 14 and 16 of the Constitution of India arises. I have considered the rival submissions made by 3 learned counsel for the parties. It appears that the petitioner did not possesses the requisite qualification to the extent 10+2 with Science subject or T.D.C. Ist year with Science subject though he holds the diploma in Medical Lab Technician. The rules governing the appointment of such Lab Technician are the Rajasthan Medical & Health Subordinate Service Rules, 1965, which do not prescribed any qualification and it was engagement on contractual basis. Therefore, in my view, the question raised in this writ petition regarding the requisite qualification need not to be gone into. Since the respondents No.5 and 6 were engaged on the contractual basis in the year 2006 for a period of only one year, in my view, no case for interference in the writ jurisdiction is made out. The writ petition is, therefore, dismissed. No order as to costs. Stay petition also stands dismissed. (H.R.PANWAR), J. NK