2009 Supreme(Raj) 1911
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Deepak Verma, Dalip Singh, Narendra Kumar Jain, JJ.
Ashok Kumar Sharma and another - Appellant
Versus
State of Rajasthan and another - Respondent
D.B.C.S. Appeal (W) Nos. 365 and 1303 of 2005 and D.B.C.S. Appeal Nos. 172, 322, 414, 415, 416, 520, 528, 530. 531, 548, 550, 561, 602, 637, 703. 704, 705, 740 and 797 of 2004 With D.B.C.S. Appeal No. 115 of 2007.
Decided On : 29-04-2009
For the Respondents:S.N. Kumawat, Additional Advocate General and S.D. Khaspuria, Deputy Government Counsel.
Headnote:A. a co – ordinate bench is competent to correct the order of another Co – ordinate bench – it not allowed to sit as appellate authority over another similar bench.
B. jurisdiction in cases of reference is not unlimited – it cannot go beyond the question of reference – and not obliged to answer and question of law which has not been referred to it.
(i) State of Rajasthan had issued a notification dated 15.9.1992, advertising 59 vacancies to be filled up for the post of Ayurveda Chikitsak. The advertisement contained a note that the post could either be increased or even be decreased as per requirement.
(ii) The said vacancies were required to be filled up in exercise of the powers under Rule 27 of the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules. 1973 (hereinafter shall be referred to as 'the Rules'), which contemplates for urgent temporary appointments. The Rule itself stipulates that the candidate(s) given appointment against the said rule would be in employment only for a period of one year.
(iii) Appellants had applied for the said post. According to them. their names had appeared in the select list. State, initially, had given appointments to sixty-six candidates,. Later on, eleven more candidates were given appointments, on urgent temporary basis. By the end of the year 1993, fourteen more candidates were given appointments, on account of different judgments having been passed by this Court. Admittedly, appointments far exceeded the advertised vacancies.
"For the aforesaid reasons, the appeal is allowed. The orders passed by the learned Single Judge in S.B. Civil Writ Petition No. 1047/94 on 25.3.1994 and in S.B. Civil Writ Petition No. 57/94 on 18.12.2000 are set aside. The State Government is directed to consider the cases of the appellants and given them appointments if they are found otherwise eligible for giving appointment under Rule 27 of the Rules of 1973. This exercise shall be done by the State Government within a period of one month from the placement of this order before the authority concerned. There shall be no order as to costs.
Judge
Judge"