IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CIVIL WRIT PETITION NO. ………………/2022

1. Shyam Sundar Jangid s/o Shri Kailash Prasad Jangid Aged

About 44 years, Resident of New Anaj Mandi, Lalsot, Dausa.

..... petitioner
VERSUS
1- The Principal Secretary to Government, Medical & Health
Department, Secretariat Rajasthan, Jaipur.
2- The Director, Medical & Health Services, Rajasthan, Jaipur.
3- Addl. Director (Administrative), Medical & Health
Services, Rajasthan, Jaipur.
..... respondents

S.B. CIVIL WRIT PETITION UNDER ARTICLE

226 OF THE CONSTITUTION OF INDIA:
AND
IN THE MATTER OF APPOINTMENT OF THE
PETITIONER BY ADDING HIS ACTUAL
MARKS OF THE SUPPLIMENTARY
EXAMINATION OF CLASS 10TH IN THE MAIN
RESULT OF LAB TECHNITION POST
AND
IN THE MATTER OF APPOINTMENT ON THE
POST OF LAB ASSISTANT & SELECTION OF
THE PETITIONER IN THE FINAL LIST
and
IN THE MATTER OF ARTICLE 14, 16, 19 AND
21 OF CONSTITUTION OF INDIA.
AND
IN THE MATTER OF PRINCIPLE OF
NATURAL JUSTICE
To
THE HON'BLE ACTING CHIEF JUSTICE & HIS OTHER
COMPANION JUDGES OF THE RAJASTHAN HIGH
COURT JAIPUR BENCH JAIPUR

MAY IT PLEASE YOUR LORDSHIPS:-

The humble petitioners, above named, most respectfully beg
to submit as under:-
1. That humble petitioner is citizen of India and is entitled to
invoke the extra ordinary jurisdiction of this Hon'ble High
Court under Article 226 of the Constitution of India for
redressal of his grievances.
2. That an advertisement no 334 dated 29.05.2018 came to be
issued under the sign of respondent no. 3 for the recruitment
on the post of lab Assistant for 1267 posts in Medical and
health Department. The Photostat copy of the advertisement
dated 29.05.2018 is annexed herewith and marked as
ANNEXURE-1.
3. That thereafter, a corrigendum to the said advertisement
was issued on 26.07.2018 to classify the post according to the
categories. The Photostat copy of the corrigendum dated
26.07.2018 is annexed herewith and marked as ANNEXURE-
2.
4. That the petitioner being eligible on the said posts with all
the requisite qualifications applied under the OBC category
on the post of Lab Assistant. The Photostat copy of the
application form & OBC Certificate are annexed herewith
and marked as ANNEXURE-3 collectively.
5. That petitioner passed Secondary School Examination in the
year 1989 from the Board of the Secondary Education,
Ajmer. In the main exam he scored 24 marks out of 100 in
English subject and 29 marks out of 100 in science subject
and declared supplementary passed. He later appeared in
Supplementary Examination and scored 41 marks in English
 subject and 42 marks in science subject. The Photostat copy
of the mark sheet of both main and supplementary
examination of class 10th are annexed herewith and marked
as ANNEXURE-4 collectively.
6. That thereafter petitioner obtained Diploma in Medical
Laboratory Technology which is evident from final year
marksheet dated 30.06.2008 issued by the Public health and
medical technology of India. The Photostat copy of the mark
sheet and diploma certificate is annexed herewith and
marked as ANNEXURE-5.
7. That the petitioner is eligible and qualified to be appointed
on the post of Laboratory Assistant.
8. That petitioner was appointed as Laboratory technician on
contract basis under Mukhyamantri Nishulk Janch Yojana
through Aryan Social Services Society Dausa (NGO) vide
order dated 17.06.2013 issued by the Medical officer
superintendent Community Health Centre Lalsot. Thereafter
he was working as MRS from 01.04.2016 to 31.05.2018 and
earned a total working experience of 4 Years 6 months and
10 days. The petitioner is currently working at the same
post. The experience letter issued by the CM&HO, Dausa is
annexed herewith and marked as ANNEXURE-6.
9. That the respondent No. 3 issued advertisement no 334
dated 29.05.2018 c for the recruitment on the post of lab
Assistant for 1267 posts in Medical and health Department.
Thereafter respondent No. 3 issued corrigendum
advertisement dated 26.07.2018.
10.That thereafter on 21.12.2021 the respondents has issued the
final merit list of Lab Assistant (Non TSP) Direct
Recruitment-2018 in which the OBC category cut off was
38.382. The petitioner has secured more marks than the cut
off marks. Copy of the final merit list dated 21.12.2021
obtained through web is annexed herewith and marked as
ANNEXURE-7.
11.That as the names of the petitioner was not mentioned in the
provisional select list, thus petitioner submitted their
objections/ representations to the respondent No. 2 on
29.12.2021. The copy of the representation dated 29.12.2021
is annexed herewith and marked as ANNEXURE-8.
12.That the respondent has issued another final selection list on
10.01.2022, in which the name of the petitioner was not
included in the list despite representation given by the
petitioner. The Photostat copy of the list dated 10.01.2022
obtained from the web is annexed herewith and marked as
ANNEXURE-9.
13.That it has came to the notice of my petitioners that their
original marks obtained in supplementary subject(s) were
not clubbed into grand total marks. Only 33% marks have
been considered in total marks whereas petitioners have
obtained higher marks than 33% in supplementary subjects.
If petitioners original marks obtained in supplementary
examinations are clubbed they are above the cut off marks
and deserve to be appointed on the posts of Laboratory
Assistants.
14.That in this regard the matter is no more res integra and
same is covered by the judgment of the case in the D.B Civil
Special Appeal (Writ) No. 578/2016 titled as State of
Rajasthan Vs. Pradeep Singh whereby it was held that the
actual marks obtained in the supplementary examinations
would be added to the marks in the main examination for
determining the passing of the candidate.
15. That being aggrieved by the actions/inactions of the
respondents whereby the petitioner has not been included in
the merit list despite scoring more marks then the cut off
marks in OBC category the petitioners therefore, having no
other alternative, efficacious and speedy remedy except to
approach before this Hon’ble Court by way of filling this
writ petition on the following grounds amongst others:
 GROUNDS
A. Because the impugned order suffers with illegality and is
discriminatory so as to be violative of Articles 14, 16 and
21 of the Constitution of India.
B. Because the petitioner is applied for the said post in the
OBC Category and having eligibility and experience of
the said post and presently he is working at the CHC,
Lalsot District Dausa. But the respondents have not
included the name of the petitioner in the final select list.
C. Because despite representation given by the petitioner,
the respondent not included the name of the petitioner in
the final select list of the Lab. Assistant in pursuance of
the advertisement dated 28.05.2018. Therefore, the
interference of this Hon'ble Court may be soliciated.
D. Because, on 21.12.2021 the respondents had issued the
final merit list of Lab Assistant (Non-T.S.P.) Direct
Recrutiment-2018, in which the OBC category cut off is
38.382 and it is pertinent to mention here that the
petitioner applied in the OBC Category and he secured
more marks than the cut off if the actual marks obtained
in supplementary examination of class 10 th are considered
for evaluation, despite that the petitioner was not
included in the final select merit list.
E. Because in this regard the Hon'ble Rajasthan High
Jodhpur in the D.B Civil Special Appeal (Writ) No.
578/2016 titled as State of Rajasthan Vs. Pradeep Singh
held that ‘the actual marks obtained in the supplementary
examinations would be added to the marks in the main
examination for determining the passing of the candidate.
In the line of said judgment the actual marks obtained in
supplementary exam of class 10th of the petitioner were
not considered and the petitioner was not included in the
merit list.
 F. Because the respondents are expected to act reasonably
within the parameters provided by the Constitution of
India but no unbridled and arbitrary powers can be
allowed to be exercised by the respondents.
G. Because final list of the candidates has not been finalized
yet and no appointment has been given to any candidate
yet.
H. Because the petitioner may be permitted to raise other
grounds at the time of arguments of the case.

PRAYER
It is, therefore, respectfully prayed that your Lordships may
kindly pleased to accept and allow this writ petition and further
be pleased to direct the respondents to consider the
supplementary marks of the petitioner of class 10th and
accordingly consider the candidature of the petitioner for
appointment on the post of Lab Assistant in OBC category by
forming a new merit list and the petitioner may be given
appointment after due document verification, if the petitioner
finds place in the merit list.

Any other order or direction which this Hon ble Court deems
just and proper in the facts and circumstances of the case may
kindly be passed in favour of the petitioner.

JAIPUR HUMBLE PETITIONER

DATED THROUGH COUNSEL

PRAVEEN SHARMA/
R-1098/2006
praveensharma.adv71@gmail.com
9414794757

SAKET GUPTA
R-3815/2018
saketgnlu@gmail.com
 9687732178

Advocates
NOTES:-
1. That no virus of any Act or Rules are under challenge in this writ
petition.
2. That this is an appeal from the order of the ld. Central
administrative tribunal hence is a S.B civil writ petition.
3. That no such writ petition prior to it has been filed by the
petitioners either before this Hon’ble Court or before the Hon’ble
Supreme Court of India.
4. That this has been typed on stout papers, since the pie paper are
not readily available.
5. That PF & Notices, Extra sets will be submitted within three days
after its admission.
6. This has been typed out by my private steno in my Chamber.
7. That this writ petition is being filed under the territorial
jurisdiction (Jaipur Jurisdiction) of this Hon'ble Court.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CIVIL WRIT PETITION NO. ………………/2022

SHYAM SUNDAR JANGID.

V.
STATE OF RAJASTHAN & ORS.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I Mr. Shyam Sundar Jangid,Aged about 44 Years, son ofShri Kailash

Prasad Jangid, Resident of New Anaj Mandi, Lalsot, Dausa Jaipur
(Raj.), do hereby take oath and affirm as under:-
1. That I am the petitioner in the case and as such am fully
conversant with the facts and circumstances of the present case.
2. That the annexed writ petition has been read over by me which is
true in nature and the facts mentioned therein are born out from
the record on the basis of which the same are testified to be true.
3. That the contents of the annexed writ petition from para 1 to 15
along with all the grounds from A to H under para 15 have been
read over and understood by me fully and the same are true and
correct to my personal knowledge/ based on record whereas the
legal submissions made there under, if any, are also believed to
be true and correct on the basis of legal advice.

Deponent

VERIFICATION
I, the above named deponent do hereby declare and verify on oath
that the contents of para No. 1 to 3 of my above affidavit are true
and correct to my personal knowledge. Nothing material therein has
been concealed nor any para of it, is false or incorrect.

Deponent
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO. ________ /2022

In
S.B. CIVIL WRIT PETITION NO. ____________/2022

1. Shyam Sundar Jangid s/o Shri Kailash Prasad Jangid Aged

About 44 years, Resident of New Anaj Mandi, Lalsot, Dausa.

..... petitioners - applicants

VERSUS
1- The Principal Secretary to Government, Medical & Health
Department, Secretariat Rajasthan, Jaipur.
2- The Director, Medical & Health Services, Rajasthan, Jaipur.
3- Addl. Director (Administrative), Medical & Health
Services, Rajasthan, Jaipur.
..... respondents - non applicants

S.B. CIVIL MISC. STAY APPLICATION

UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA

To

HON’BLE CHIEF JUSTICE AND HIS OTHER

HON’BLE COMPANION JUDGES OF RAJASTHAN
HIGH COURT OF JUDICATURE, JAIPUR

MAY IT PLEASE YOUR LORDSHIPS,

The humble Petitioners-Applicants above named, most respectfully

begs to submit this stay petition, as under :-
1. That the petitioners-applicants have preferred annexed writ
petition numbered above, contents of the writ petition may
kindly be treated as part and parcel of this stay application also
for the sake of bulkiness and brevity.
2. That humble petitioners has a strong prima-facie case in his
favour, balance of convenience also lies in his favour and if
 petitioners is not granted interim protection, he will face
irreparable loss and injury, which cannot be compensated in
terms of money.
3. That principle of natural justice and equity also demands that the
interim order be passed in favour of the petitioners.

PRAYER

It is, therefore, humbly prayed that this stay application may

kindly be allowed and during the pendency of the Writ Petition, order
dated 21.12.2021 passed learned CAT in O.A no. 5/2019 titled as Mrs.
Bela Agarwal v. Kendriya Vidhyalaya Sangathan be stayed and
consequential benefit of GPF cum Pension scheme be allowed to the
humble petitioners, in the interest of justice.

Any other appropriate order or direction which this Hon’ble

Court deems just and proper in the facts and circumstances of this case
may kindly also be passed in favour of the Petitioners.

JAIPUR HUMBLE PETITIONERS

DATED THROUGH COUNSEL

PRAVEEN SHARMA/ K.K SHARMA

R-1098/2006
praveensharma.adv71@gmail.com
9414794757

SAKET GUPTA
R-3815/2018
saketgnlu@gmail.com
9687732178

Advocates

Notes:
1. That no such S.B. Civil Misc. Stay Petition has previously been
filed before this Hon’ble Court or before the Supreme Court of
India.
2. That process fee, extra sets shall be produced before this Hon’ble
Court within due course of time.
3. That this stay Petition has been typed on stout papers as pie
papers are not readily available.
4. That this Writ Petition has not been typed by any official of this
Hon’ble Court.
5. That is a S.B. Civil Stay petition as it is filed in appeal from the
order of the central administrative tribunal.

COUNSEL FOR THE PETITIONERS

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO. _________ /2022

In
S.B. CIVIL WRIT PETITION NO. ____________/2022

SHYAM SUNDAR JANGID.

V.
STATE OF RAJASTHAN & ORS.

AFFIDAVIT IN SUPPORT OF STAY APPLICATION

I Mr. Shyam Sundar Jangid,Aged about 44 Years, son of Shri Kailash

Prasad Jangid, Resident of New Anaj Mandi, Lalsot, Dausa Jaipur
(Raj.),do hereby take oath and affirm as under:-
1. That I am the petitioner and as such am fully conversant with the
facts and circumstances of the present case.
2. That the contents of annexed stay application from para 1 to 3 are
true and correct as per my personal knowledge and belief and
are based on legal advice tendered to me by the Counsel.
3- That this affidavit may kindly be considered as part and parcel of
the stay application.

Deponent

VERIFICATION
I, the above named deponent do hereby verify on oath that the
contents of para 1 to 3 of my above affidavit are true and correct to
the best of my personal knowledge. Nothing material has been
concealed therein and no part thereof is false.

Deponent
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CIVIL WRIT PETITION NO. ………………/2022

SHYAM SUNDAR JANGID.

V.
STATE OF RAJASTHAN & ORS.

AFFIDAVIT IN SUPPORT OF DOCUMENT

I Mr. Shyam Sundar Jangid,Aged about 44 Years, son of Shri Kailash

Prasad Jangid, Resident of New Anaj Mandi, Lalsot, Dausa Jaipur
(Raj.),do hereby swear and affirm as under:-
1. That I am the petitioner and as such am fully conversant with the
facts and circumstances of the present case.
2. That the enclosure Annexure 1 is the true and correct Photostat
copy of the advertisement and other enclosures from 2 to 9 are
the true and correct Photostat copies of its originals, enclosed
with the writ petition.
3. That this affidavit may kindly be considered part and parcel of
the writ petition.

Deponent

VERIFICATION
I, the above named deponent do hereby declare and verify on oath
that the contents of para No. 1 to 3 of my above affidavit are true
and correct to my personal knowledge. Nothing material therein has
been concealed nor any para of it, is false or incorrect.

Deponent
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CIVIL WRIT PETITION NO. ………………/2022

SHYAM SUNDAR JANGID.

V.
STATE OF RAJASTHAN & ORS.

SYNOPSIS

1. The Petitioner (applicant before the High Court) is

Laboratory technician on contract basis under
Mukhyamantri Nishulk Janch Yojana through Aryan Social
Services Society Dausa (NGO).
2. On 29.05.2018 an advertisement no 334 was issued under
the sign of respondent no. 3 for the recruitment on the post
of lab Assistant for 1267 posts in Medical and health
Department. Thereafter, a corrigendum to the said
advertisement was issued on 26.07.2018 to classify the post
according to the categories.
3. Petitioner being eligible on the said posts with all the
requisite qualifications applied under the OBC category on
the post of Lab Assistant. petitioner passed Secondary
School Examination in the year 1989 from the Board of the
Secondary Education, Ajmer. In the main exam he scored 24
marks out of 100 in English subject and 29 marks out of 100
in science subject and declared supplementary passed. He
later appeared in Supplementary Examination and scored 41
marks in English subject and 42 marks in science subject.
4. Thereafter petitioner obtained Diploma in Medical
Laboratory Technology which is evident from final year
marksheet dated 30.06.2008 issued by the Public health and
medical technology of India.
5. On 21.12.2021 the respondents issued the final merit list of
Lab Assistant (Non TSP) Direct Recruitment-2018 in which
the OBC category cut off was 38.382. Though the petitioner
secured more marks than the cut off marks the names of the
petitioner was not mentioned in the provisional select list,
thus petitioner submitted their objections/ representations
to the respondent No. 2 on 29.12.2021.
6. The respondent issued another final selection list on
10.01.2022, in which the name of the petitioner was not
included in the list despite representation given by the
petitioner.
7. It came to the notice of my petitioners that their original
marks obtained in supplementary subject(s) were not
clubbed into grand total marks. Only 33% marks have been
considered in total marks whereas petitioners have obtained
higher marks than 33% in supplementary subjects. If
petitioners original marks obtained in supplementary
examinations are clubbed they are above the cut off marks
and deserve to be appointed on the posts of Laboratory
Assistants.
8. In this regard the matter is no more res integra and same is
covered by the judgment of the case in the D.B Civil Special
Appeal (Writ) No. 578/2016 titled as State of Rajasthan Vs.
Pradeep Singh whereby it was held that the actual marks
obtained in the supplementary examinations would be
added to the marks in the main examination for determining
the passing of the candidate.
9. Petitioner was not been included in the merit list by the
respondents despite scoring more marks then the cut off
marks in OBC category having eligibility and experience of
the said post.
Hence this writ petition.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO. ………………/2022

SHYAM SUNDAR JANGID.

V.
STATE OF RAJASTHAN & ORS.

INDEX
S. Particulars Pages
No.
Synopsis
1. Writ Petition
2. Affidavit in support of Writ Petition
3. Memo of stay application
4. Affidavit in support of stay application
5. Documents:-
Annex.1 Photostat copy of the advertisement
dated 29.05.2018
Annex.2 Photostat copy of the corrigendum
dated 26.07.2018
Annex.3 Photostat copy of the application
colly form & OBC Certificate
Annex.4 Photostat copy of the mark sheet of
both main and supplementary
examination of class 10th
Annex.5 Photostat copy of the mark sheet
and diploma certificate
Annex.6 Experience letter issued by the
CM&HO, Dausa
Annex.7 Copy of the final merit list dated
21.12.2021 obtained through web
Annex.8 Copy of the representation dated
29.12.2021
Annex.9 Photostat copy of the final list dated
10.01.2022
6. Affidavit in support of documents

COUNSEL FOR THE PETITIONERS