A valid experience certificate from a Government Analyst is mandatory for eligibility in recruitment as per the advertisement's terms.

ORDER :

(Ganesh Ram Meena, J.) :

1. This writ petition was listed before the Court on 31.05.2024 for orders on an application filed by the respondents under Article 226(3) of the Constitution of India for vacation of the ex-parte order dated 30.06.2022.

2. Considering the issue raised in the writ petition and with the consent of the counsel appearing for the respective parties, the matter was heard for final disposal and the order was reserved.

3. The present writ petition has been filed by the petitioner with the following prayers:-

“(i) By an appropriate rit, Order or Direction, the impugned Selection of the Respondent Suneel Kumar in the Selection List, issued on 25.05.2022 (Item No.6) under EWS Category of the post of Assistant Drug Analyst, is illegal, which may be set-aside by this Hon’ble Court.

(ii) By appropriate Writ, Order of Direction, direct the Respondents to Select and Appoint the Petitioner on the post of Assistant Drug Analyst under the EWS Category.

(iii) By appropriate Writ, Order of Direction, hold and declare that the Respondent Suneel Kumar is ineligible to be selected on the post of Assistant Drug Analyst, as per the Terms & Conditions of the Advertisement dated 10.01.2022 and the Information Book-Let, issued by the Respondents.”

4. The facts borne out from the pleadings are that the respondent No.2 -Rajasthan University of Health Sciences (for short ‘the RUHS’) issued an advertisement dated 10.01.2022 for inviting applications from the eligible candidates for recruitment to the post of Assistant Drug Analyst. As per the advertisement, one vacancy out of total 11 vacancies was available for EWS category candidates. The last date for submitting the application forms was fixed as 02.02.2022 and Online examination was scheduled to be held on 10.02.2022.

5. The petitioner Chandra Prakash Bhardwaj as well as the respondent No.4- Suneel Kumar submitted their Online applications under the EWS Category.

6. After holding Online examination, the respondents issued the provisional result after scrutiny of the documents and as per the provisional result (Annex.3), the petitioner Chandra Prakash Bhardwaj secured 64 marks and the respondent No.4- Suneel Kumaar secured 65 marks. In the provisional result (Annex.3), the category of the petitioner Chandra Prakash Bhardwaj was mentioned as ‘EWS’ and the category of respondent No.4 Suneel Kumar was mentioned as ‘General’. The respondents issued a revised provisional list of selected candidates on 25.05.2022 (Annex.4) wherein the respondent No.4 Suneel Kumar was declared selected under the EWS Category and the petitioner was placed at S.No.1 in the waiting list for EWS Category.

7. Aggrieved by the selection of respondent No.4 Suneel Kumar for the post of Assistant Drug Analyst against the vacancy reserved for EWS Category, the petitioner has filed this writ petition.

8. Counsel appearing for the petitioner submitted that after verification of the documents, the respondents declared the result (Annex.3) wherein the result of the respondent No.4 Suneel Kumar was declared under the General Category and the result of the petitioner Chandra Prakash Bhardwaj was declared under the EWS Category but later on in an arbitrary manner the respondents have declared selected the respondent No.4 Suneel Kumar against the single vacancy of EWS Category and placed the petitioner in the waiting list.

9. Counsel also raised a dispute regarding the eligibility of respondent No.4 Suneel Kumar saying that he is not having the requisite experience of Analyst of Drug in Laboratories under the Government as required under the terms and conditions of the advertisement and has not placed on record the experience certificate issued by the Authority as required in a prescribed format and issued under the signatures of the Government Analyst. Counsel also submitted that the respondent No.4 Suneel Kumar has secured PG Degree in Pharmacy in the year 2010 whereas during the period from 09.09.2009 to 30.04.20