AJAY RASTOGI, KAILASH CHANDRA SHARMA
Vijay Kumar Tewari son of Shri Bachchu Ram Tewari – Appellant
Versus
State of Rajasthan through Principal Secretary, Medical & Health Department, Govt. of Rajasthan, Secretariat, Jaipur – Respondent
1. Instant petition has been filed as alleged and claimed to be an outstanding sportsperson. Although petitioner has participated in the selection process held for the post of Pharmacist pursuant to advertisement dated 26.11.2011, a post included in the schedule appended to the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred as ‘Rules of 1965’) and remain unsuccessful in the process.
2. It is not the case of the petitioner that he was not eligible to participate in the selection process and he has participated but could not be finally selected against the advertised vacancies, and filed a writ petition assailing Rule 7-C of Rules 1965.
3. The petitioner has prayed to re-write Rule 7-C of the Rules 1965 an omnibus amendment made in all the services vide notification dt.22.01.1997 providing reservation for outstanding sports persons.
4. We consider it appropriate to quote Rule 7-C of the Rules of 1965, which is read as under:—
“7-C Reservation of vacancies for Outstanding Sports-persons.— Reservation of vacancies for outstanding sportspersons shall be 2% of the total vacancies outside the purview of the Commission in that year ear-marked for dir
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