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2024 Supreme(Raj) 581

ARUN MONGA
Mohd Yunus, S/o. Late Sharee Abdul Wase – Appellant
Versus
State of Rajasthan, Through Its Principal Secretary Department of Ayurved, Yoga and Naturopathy, Unani, Siddha And Homeopathy (Ayush) Department, Government of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mahendra Kumar Trivedi, Mr. Narendra Singh Rajpuorhit, Dr. Kshamendra Mathur.
For the Respondent: Dr. Praveen Khandelwal, AAG, Mr. Mahaveer Bishnoi, AAG, Mr. Piyush Bhandari, Mr. Priyanshu Gopa for Mr. Vinit Sanadhya.

JUDGMENT :

Arun Monga, J.

1. Facts and issue involved are since analogous, the aforementioned five writ petitions are being decided vide this common order. For convenience, facts and recitals of annexures are being referred from SBCWP No.16633/2023.

2. Grievance of the petitioners in all these petitions stems out of a provisional list dated 11.09.2023 (Annex.6) and a final list dated 22.09.2023 (Annex.8) prepared pursuant to the advertisement No.04/2023 for appointment on the post of Unani Medical Officers. Their candidature was excluded from the merit list. They also seek quashing of condition of advertisement in not granting relaxation in age limit on cumulative basis.

3. Briefly speaking, relevant facts of the case as pleaded in SBCWP No.16633/2023 are that the petitioner is a registered Unani Medical practitioner. He belongs to Other Backward class Non Creamy layer (OBC-NCL). He was appointed with NRHM and serving a Unani Medical Officer under NRHM.

3.1 The respondent department issued an advertisement dated 13.7.2023 (Annex.2) for the post of Unani Medical Officer. Petitioner also applied vide his application dated 24.7.2023. The respondent no. 4 published a list dated 15.08.2023 (

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