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FARJAND ALI
Akshay Kumar Vaishnav, S/o. Ramgopal Vaishnav – Appellant
Versus
State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan – Respondent
ORDER :
(Farjand Ali, J.) :
1. The instant writ petitions under Article 226 of the Constitution of India have been preferred by the petitioners being aggrieved by the action of respondents for not issuing the experience certificate in a prescribed format and not granting bonus marks to Yoga Instructors (“YI") in the ongoing selection process of Ayurveda Compounder/Nurse as per the order dated 25.04.2023 issued by the Department of Medical and Health despite the fact that they discharged their duties similar to Ayurveda Compounder/Nurse during the period of COVID-19.
2. The issue involved in all these matters is similar, with the consent of the parties all have been heard together and being decided by the instant common order. For the purpose of convenience, the facts reflected in this order would be of S.B. Civil Writ Petition No. 17062/2023.
3. Briefly stating the facts of the case are that in times of COVID-19 when the whole world was facing a deadly pandemic there was need of people who can come forward and contribute for the society. At that time, Government decided under the National AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) Mission to advertise vacancie
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
A litigant cannot claim distinction from a judicial decision relied upon for relief; subsequent judgments affecting the basis of entitlement invalidate previous claims.
The court established that experience in a different role (Yoga Instructor) does not qualify for bonus marks in a recruitment process for a distinct position (Ayurveda Nurse/Compounder) under the app....
Courts would be slow in interfering in policy matters unless policy is found to be palpably discriminatory and arbitrary.
The State Government has the authority to set qualifications for Yoga Instructors under AYUSHMAN BHARAT, justifying the preference for BNYS Degree holders over other qualifications.
The central legal point established in the judgment is the interpretation of the relevant rules and advertisement provisions regarding the entitlement to bonus marks for employees of Ayurveda Researc....
Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.
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