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2023 Supreme(Raj) 648

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL, J.
Mohd. Farhan S/o Mohd. Ismail – Appellant
Versus
The State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 10789 of 2023
Decided on : 27-07-2023

Advocates Appeared:
For the Appellant : Mr. Ram Rakh Sharma Mr. Hanish Khan Mr. Laxmi Kant Malpura Mr. R.B. Sharma Ganthola Mr. Mohar Pal Meena Mr. Kishan Lal Meena Ms. Sara Parveen Mr. Rishabh Khandelwal Mr. Siddhartha Jain Mutha Mr. Praveen Sharma Mr. Neeraj Sharma Mr. Rajesh Sharma Mr. Ravi Chirania Mr. Himanshu Jain, Mr. Ashok Bansal Mr. Rahish Kumar
For the Respondent: Mr. C.L. Saini, AAG Mr. Hari Kishan Saini, Dy. GC Dr. Y.C. Sharma, Mr. Vishesh Sharma

Headnote:

Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973 - Rule 37, 10, 19 - Recruitment for posts - Relaxation in requisite educational qualification - Petitioners have raised a similar grievance in respect of seeking permission to apply/participate in recruitment for posts - Held, Petitioners have sought to take benefits of pandemic Covid-19 situations, for non-completion of internship, but it is not case of any petitioner that period of internship has been extended due to Covid situation, which otherwise had come under context by or before March, 2022 when Apex Court stopped to extend benefit of limitation - Thus, such plea of petitioners do not seems to be bonafide and genuine, for seeking relaxation in requisite educational qualification to apply for posts in question - Resort sought to be taken by learned counsel for petitioners to Rule 37 of statutory Rules of 1937, is misplaced as far as seeking relaxation in respect of completion of eligibility criteria of internship is concerned - Court is of firm opinion that since petitioners do not possess requisite qualification on cut off date as determined by AYUSH Department, petitioners cannot be permitted to apply/participate in recruitment for posts in question - Writ petitions dismissed.

JUDGMENT :

1. In all these writ petitions, petitioners have raised a similar grievance in respect of seeking permission to apply/participate in the recruitment for posts of Ayurvedic Chikitsak, Unani Chikitsak & Homeopathy Chikitsak, pursuant to different advertisements bearing No. 02/2023, 03/2023 & 04/2023 respectively, notified by the respondent-AYUSH Department of Rajasthan, Jaipur. Since grievance of petitioners are identical in nature, therefore, with consent of learned counsel for both parties, all writ petitions have been heard together and would stand decided by this common Judgment.

2. Respondent-AYUSH Department issued three separate advertisements, notifying vacancies for posts of Ayurvedic Chikitsak, Unani Chikitsak & Homeopathy Chikitsak under the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973 (as amended) (hereinafter for short “the Rules of 1973”). According to advertisements, requisite eligibility and qualification to apply/participate for posts in question, is the Bachelor Degree in the respective discipline as much as registration with the Rajasthan Indian Medicine Board (hereinafter for short “the Board”) and it has been specifically stipulated that such eligibility should be acquired by aspirants till the last date appointed under the advertisements to submit online application form. In respect of internship, it has been indicated that the internship of aspirants should have been completed till the last date appointed under the advertisements to fill online application form. For ready reference, relevant portion of one of the advertisements, which is substantially similar in all three advertisements, is being reproduced hereunder:-

'kS{kf.kd ;ksX;rk,a %&

1. A Bachelor degree in Ayurved from a University established by law in India or equivalent and recognized under Indian Medicine Central Council Act, 1970

uksV %& vkosnd dk jktLFkku bf.;u esfMflu cksMZ esa jftLVsªs'ku gksuk vfuok;Z gS rFkk foLr`r vkosnu i=@nLrkost lR;kiu ds le; iath;u izek.k i= izLRkqr djuk vko';d Gsa

'kS{kf.kd vgZrk lEca/kh izko/kku

mDr in dh visf{kr 'kS{kf.kd vgZrk vkosnu djus dh vafre fnuakd rd vftZr ;ksX;rk/kkjh vH;FkhZ vkosnu djus ds fy, ik= gksxk MkW loZiYyh jk/kkd`".ku jktLFkku vk;qosZn fo'ofo|ky;] tks/kiqj esa nLrkost lR;kiu ds le; vkosnu djus dh vfare fnukad 10-07-2023 rd 'kS{kf.kd vgZrk vftZr djus dk lcwr nsuk gksxk] vU;Fkk og vik= gksxkA vH;FkhZ dks vkosnu djus dh vafre fnuakd rd bUVuZf'ki Vªsfuax Hkh iw.kZ dj ysuh vko';d Gsa

3. All petitioners are stated to be completed the academic degree course in their respective discipline, however, admittedly have not completed the internship. The case of petitioners is that their internship is likely to be completed, in case of few petitioners, period lacks few days and in case of other petitioners, period lacks few months. It has been submitted on behalf of petitioners that the internship period started after completion of the academic course of Bachelor degree by the University, which was commenced belatedly, due to pandemic Covid-19 situations and since the delay occurred in conducting the examinations of the degree course, consequentially the internship also belated, for which petitioners are not at fault. Hence, it has been prayed that the cut off date, determined by respondents in advertisements to complete the internship as much as to ensure registration by candidates before the Board up to the last date for submission of application form, be relaxed and cut off date be extended, at least up to the stage of documents verification, in respect of the present recruitment.

4. Learned counsel for petitioners have also referred Rule 37 of the Rules of 1973, to contend that the power to relax the eligibility criteria in any peculiar situation rest and vest with the State Government. Therefore, in such

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