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2018 Supreme(Raj) 697

IN THE HIGH COURT OF RAJASTHAN PRINCIPAL SEAT, JODHPUR
PUSHPENDRA SINGH BHATI, J.
Chakravati Singh Rathore and Ors. - Petitioners
Versus
The State of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition Nos. 14962, 3787, 3907 of 2017, 601, 605, 607, 692, 755, 804, 816, 949, 954, 957, 964, 991, 992, 1191, 1192, 1193, 1194, 1728, 1750 and 1849 of 2018
Decided On : 27-02-2018

Advocates Appeared:
For the Appellant : Gajendra Singh Butati, Abhimanyu Singh Ranisar, Tanwar Singh Rathore and Kan Singh Oad.
For the Respondents:Sunil Joshi for Rajesh Panwar, Additional Advocate General and Pratistha Dave, Government Counsel.

Headnote:

Constitution of India - Article 226 – Service – Jurisprudence – Tenant – Quashed - Since foundational and skeletal facts which constitute essence of dissension are identical so much so that sequence of events if drawn from any of petitions would suffice to comprehend issues to be addressed – Held, Respondents shall afresh identify requirement of posts of Compounder/Nurse Junior Grade for purpose of regular discharge of duties in Aired Homeopathy and Departments - Such fresh assessment shall be made by within a period of three months from today – Order accordingly

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. Regard being had to the present assailment and the prima facie materials furnished with the petition being S.B. Civil Writ Petition No. 14962/2017, this Court issued notices on 20.11.2017 directing dasti service on the respondents. However, the other above-numbered writ petitions gradually got tagged, having regard to the identicalness of the issues involved.

2. The contextual facts, which encompass the issues in all these writ petitions, permit analogous adjudication thereof.

3. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

"A. By an appropriate writ, order or direction, the letter/communication dated 20.04.2015 (Annexure-10) may kindly be quashed and set aside qua the decision of withholding 1005 vacancies of Compounder/Nurse Junior Grade from giving appointments in the department of Ayurved, Unani & Homeopathy.

B. By an appropriate writ, order or direction, any order passed which are not in the knowledge of the petitioners, denying their candidature on the post of Compounder/Nurse Junior Grade in all the 3 departments of Ayurved, Homeopathy & Unani for the recruitment process, 2013 may kindly be quashed and set aside.

C. By an appropriate writ, order or direction, the respondents may kindly be directed to publish cutoff, select list and give appointments to the present petitioners in accordance with their respective merit on the remaining 285 vacancies (127 vacancies in Unani & 128 vacancies in Homeopathy Department) for compounder/nurse junior grade, 2013.

D. By an appropriate writ, order or direction, the respondents may kindly be directed to complete the recruitment process of 2013 by publishing the select list and giving appointment to the present petitioners if found meritorious against the 1005 withhold vacancies of compounder/nurse junior grade in Ayurved, Unani & Homeopathy department.

E. By an appropriate writ, order or direction, the respondents may kindly be restrained from de-notifying and reducing the unfilled 1290 vacancies of compounder/nurse junior grade in the Ayurved, Unani and Homeopathy department from the recruitment process, 2013.

F. By an appropriate writ, order or direction, the respondents may kindly be restrained from filling or carrying forward these unfilled 1290 vacancies of compounder/nurse junior grade, 2013 through any subsequent or future advertisement.

G. Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

H. Writ petition filed by the petitioner may kindly be allowed with costs."

4. Since the foundational and skeletal facts, which constitute the essence of the dissension, are identical so much so that the sequence of events, if drawn from any of the petitions, would suffice to comprehend the issues to be addressed, therefore, looking to the striking likeness of the factual framework of the cases in hand, for the sake of brevity and convenience, facts in bare minimum, as available in the pleadings of S.B. Civil Writ Petition No. 14962/2017, would be adverted to.

5. To start with, the respondents initiated a recruitment process in the year 2013 for filling up 1605 vacancies of Compounder/Nurse Junior Grade in the Ayurved, Homeopathy and Unani Departments. The advertisement dated 07.06.2013 however, was not acted upon, and thus, the regular recruitment process was brought to halt.

6. The respondents thereafter, vide the impugned letter/communication dated 20.04.2015, withheld 1005 vacancies in question, out of total 1605 vacancies, for the Ayurved, Homeopathy and Unani Departments collectively.

7. The Finance Department, vide circular dated 01.04.2015, required all the concerned Departments, Bodies, Institutes etc. to get approval of the Finance Department before beginning the recruitment process for filling up the vacancies. The requi






































































































































































































































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