[2025:RJ-JP:21265-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 603/2022 Rajasthan Para Medical Council, Through Its Registrar House No. 6 Everest Colony, Near Apex Mall, Lalkothi, Tonk Road, Jaipur- 302015. ----Appellant Versus 1. Avneesh Sharma Son Of Suresh Chand Sharma, Aged About 26 Years, Residence Of Kaila Colony, Jail Road, Dholpur. 2. State Of Rajasthan, Through Principal Secretary, Medical Health And Family Welfare, Government Of Rajasthan, Secretariat Jaipur. 3. Rajasthan Karamchari Chayan Board, Through Its Secretary, Rajya Krishi Prabandh Sansthan Parishar, Durgapura, Jaipur. ----Respondents For Appellant(s) : Mr. Bharat Saini For Respondent(s) : Mr. Narendra Singh Chaudhary with Mr. Nikhil Pal Singh HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANAND SHARMA Order 20/05/2025 None present on behalf of the respondent No.1 despite service, even in the second round. By way of this appeal, the appellant has challenged the order dated 04.10.2021 passed by the learned Single Judge. Learned counsel for the appellant submits that the learned Single Judge dismissed S.B. Civil Writ Petition No.11554/2020 vide order dated 18.12.2020 and thereafter, the respondent- [2025:RJ-JP:21265-DB] (2 of 3) [SAW-603/2022] petitioner filed S.B. Civil Misc. Application No.08/2021 for recalling of the said order, in which, the learned Single Judge has erred in giving direction for treating the respondent-petitioner eligible for the post of Lab Technician and also for registration with them. This Court, on 30.06.2022 while issuing notice to the respondent-petitioner passed the following order:- Heard. Issue notice to respondents on payment of P.F. within three weeks. List this matter after four weeks. In the meanwhile, taking into consideration the submissions of learned counsel for the appellant that it was outside the scope of interference of the Court to draw equivalence of qualification to determine eligibility and further that the judgment of Division Bench of this Court in the case of Shyam Lal Sharma Vs. State of Rajasthan & Others, 1994 SCC OnLine Raj 639 is distinguishable, we are inclined to stay the effect and operation of the impugned order till the next date of hearing. Non-payment of P.F. as directed shall result in automatic dismissal of the appeal without further reference to the Bench. In the order dated 30.06.2022 it has been observed that the case of Shyam Lal Sharma Vs. State of Rajasthan & Ors., 1994 Online Raj 639 is not applicable in the present matter, wherein the question of equivalence of qualification was there. In that view of the matter, we are in complete agreement with the view taken by the Co-ordinate Bench of this Court while issuing notice to the respondent and more particularly, when no one has appeared on behalf of the respondent-petitioner to oppose the present appeal and also considering the fact that the order was passed by the learned Single Judge in the misc. application and original writ petition was never restored, therefore, we deem it just and proper to allow this appeal. [2025:RJ-JP:21265-DB] (3 of 3) [SAW-603/2022] Hence, the present appeal is allowed. The order passed by the learned Single Judge dated 04.10.2021 in S.B. Civil Misc. Application No.08/2021 is quashed and set-aside. (ANAND SHARMA),J (INDERJEET SINGH),J Upendra Pratap Singh /57