FARJAND ALI
Nitisha Choudhary D/o Shri Pratap Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
BY THE COURT :
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 department for not granting fair chance of consideration to the petitioners in the ongoing selection process of Ayurveda Compounder/Nurse Junior Grade and for quashing of the impugned order dated 28.06.2024 (Annexure 4 of S.B. Civil Writ Petition No. 10949/2024) passed by the Rajasthan Government’s Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH Department) whereby the seats have been added to the post of Compounder/Nurse Junior Grade in advertisement No. 1/2023 dated 03.10.2023 (05.10.2023) (Annexure 1 of S.B. Civil Writ Petition No. 10949/2024).
2. The issue involved in all these matters is similar and therefore with the consent of the parties, all the matters 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. 10949/2024.
3. Briefly stating the facts of the case are that the Central Government and State Government for the promotion and advance
Rakhi Ray and Ors. Vs. The High Court of Delhi and Ors. reported in AIR 2010 SC 932.
Arup Das and Ors. Vs. State of Assam and Ors. reported in (2012) 5 SCC 559.
K. Lakshmi Vs. State of Kerala reported in (2012) 4 SCC 115.
High Court of Kerala Vs. Reshma A. and Ors. reported in (2021) 3 SCC 755.
Mohd. Rashid Vs. The Director, Local Bodies
Shankarsan Dash Vs. Union of India (UOI) reported in AIR 1991 SC 1612.
Alok Kumar Singh Vs. State of Uttar Pradesh & Ors. reported in (2019) 14 SCC 692.
Anupal Singh & Ors. Vs. State of U.P. & Ors. reported in (2020) 2 SCC 173.
The enhancement of posts in a recruitment process without reopening applications violates the right to equal opportunity under Articles 14 and 16 of the Constitution.
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
The court upheld the authority of the State to adjust recruitment vacancies, emphasizing the proper application of statutory rules regarding 'year of recruitment' and ensuring adherence to constituti....
The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous re....
The court upheld the principle that recruitment vacancies must be determined based solely on existing vacancies for the recruitment year, excluding anticipated future vacancies per statutory rules.
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