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2020 Supreme(Raj) 378
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sanjeev Prakash Sharma, J.
Prem Prakash Subodh And Others - Appellant
Versus
State Of Rajasthan And Others - Respondent
S.B. Civil Writ Petition No. 3502/2020, S.B. Civil Writ Petition No. 13868/2018, S.B. Civil Writ Petition No. 17112/2018 and S.B. Civil Writ Petition No. 2262 of 2019
Decided On : 06-03-2020
Mr. Vigyan Shah on behalf of Mr. Mahendra Shah, Adv, for the Appellants; Mr. M.S. Singhi, Advocate General assisted by Mr. Darsh Pareek, Adv. Mr. VB Sharma, AAG with Mr. Prakhar Gupta, Adv. Mr. Tushar Pareek, Adv. Mr. Arvind Chaudhary, Adv. Ms. Vidhi Maheshwari, Adv, for the Respondents
The State has the authority to reduce or increase the number of posts as per Rule 4 of the Rajasthan Medical and Health Services Rules, 1965, and candidates do not have a right to appointment.
Headnote:
RECRUITMENT - REDUCTION OF POSTS - NURSING - RAJASTHAN MEDICAL AND HEALTH SERVICES RULES, 1965 - RULE 4 - WHETHER REDUCTION OF POSTS IN NURSING CADRE WAS ARBITRARY AND UNJUSTIFIED - WHETHER CANDIDATES HAVE A RIGHT TO APPOINTMENT - WHETHER THE STATE HAS THE LICENSE OF ACTING IN AN ARBITRARY MANNER.
Fact of the Case:
The petitioners, candidates who applied for the post of Nurse Gr.II in 2013, challenged the reduction of posts in the subsequent advertisement issued in 2018. They argued that the reduction was arbitrary and unjustified and that they were entitled to be considered against the posts advertised in 2013.
Finding of the Court:
The court found that the reduction of posts in 2013 was justified as it was done to exclude NRHM posts from the Medical & Health Services Rules, 1965. The court also held that candidates do not have a right to appointment and that the State has the authority to reduce or increase the number of posts as per Rule 4 of the Rules of 1965.
Issues: 1. Whether the reduction of posts in the nursing cadre was arbitrary and unjustified? 2. Whether candidates have a right to appointment? 3. Whether the State has the license of acting in an arbitrary manner?
Ratio Decidendi: 1. The court relied on the decision of the Supreme Court in Shankarsan Dash v. Union of India, which held that the State is not under a legal duty to fill up all or any of the vacancies. However, the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. 2. The court also relied on Rule 4 of the Rajasthan Medical and Health Services Rules, 1965, which empowers the State to create, leave unfilled, or abolish posts without entitling any person to compensation.
Final Decision: The court dismissed the writ petitions, holding that the reduction of posts was justified and that the petitioners did not have a right to appointment.
JUDGMENT
Sanjeev Prakash Sharma, J. - The petitioners by way of these writ petitions have prayed as under:
'S.B. Civil Writ Petition No. 3502/2020:
1. The impugned order dated 30.05.2018 withdrawing the advertisement dated 09.04.2018 and the advertisement dated 30.05.2018 for 6035 vacancies which included 4514 left out vacancies of Nurse Gr.II in the advertisement dated 26.02.2013 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside.
2. The impugned advertisement dated 30.05.2018 for 617 vacancies in TPS area may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside;
3. The respondents may kindly be directed by issuing the writ of mandamus, order or direction in the nature thereof to give appointments to the petitioners on the post of Nurse Gr.II in pursuance to the advertisement dated 26.02.2013 with all consequential benefit in the interest of justice.
4. 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 petitioner.
S.B. Civil Writ Petition No. 13868/2018:
1. The impugned order dated 30.05.2018 withdrawing the advertisement dated 09.04.2018 and the advertisement dated 30.05.2018 for 6035 vacancies which included 4514 left out vacancies of Nurse Gr.II in the advertisement dated 26.02.2013 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside.
2. The respondents may kindly be directed by issuing the writ of mandamus, order or direction in the nature thereof to give appointments to the petitioners on the post of Nurse Gr.II in pursuance to the advertisement dated 26.02.2013 with all consequential benefit in the interest of justice.
3. 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 petitioner.
S.B. Civil Writ Petition No. 17112/2018:
1. The impugned order dated 30.05.2018 withdrawing the advertisement dated 09.04.2018 and the advertisement dated 30.05.2018 for 6035 vacancies which included 4514 left out vacancies of Nurse Gr.II in the advertisement dated 30.05.2018 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside.
2. The respondents may kindly be directed by issuing the writ of mandamus, order or direction in the nature thereof to give appointments to the petitioners on the post of Nurse Gr.II in pursuance to the advertisement dated 26.02.2013 with all consequential benefit in the interest of justice.
3. 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 petitioner.
S.B. Civil Writ Petition No. 2262/2019:
(a). The impugned order dated 30.05.2018 withdrawing the advertisement dated 09.04.2018 and the advertisement dated 30.05.2018 for 6035 vacancies which included 4514 left out vacancies of Nurse Grade - II in the advertisement dated 30.05.2018 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside.
(b). The respondents may kindly be directed by issuing the writ of mandamus, order or direction in the nature thereof to give appointment to the petitioners on the post of Nurse Grade - II in pursuance to the advertisement dated 26.02.2013 with all consequential benefits in the interest of justice.
(c). Any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly also be passed in favour of the petitioners in the interest of justice.'
2. Learned Counsel for the petitioners submits that the petitioners are candidates who applied under the advertisement dated 26.02.2013 for the post of Nurse Gr.II and had been placed in the select list in the advertisement which was published in 2013. There were in all 15
