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2021 Supreme(Raj) 1738

SANJEEV PRAKASH SHARMA
Madan Mohan Arya – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Sandeep Kumar Sharma, for the Appellant.

ORDER

1. Learned counsel for the petitioner submits that the petitioner has done BUMS i.e Bachelor in Unani Medicine & Surgery and submits that as the qualification for District Programme Co-ordinator-MMSCBY mentioned in the advertisement is MBBS/BHMS/BAMS, the petitioner's qualification also should be considered as he is Bachelor in one of the alternate medicines similar to homeopathy.

2. This Court in SBCWP No. 10342/2020: Raghvendra Agarwal & Ors. Versus State of Rajasthan & Ors. considered the similar issue where the petitioners therein demanded that their qualification of Homeopathy, Pharmaceutical and Unani should be included for the purpose of appointment as Community Health Officers and this court reached to the conclusion as under:-

    "(20) In the opinion of this Court, a judicial review of an advertisement issued by the State would be limited to the aspect as to whether the said advertisement issued by the authority is in accordance with the rules laid down by the concerned State authority or the appointing authority."

3. This Court rejected the contention relying upon the judgments passed by the Supreme Court in the case of Mukul Kumar Tyagi Vs. State of UP & Ors. reported in

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