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2004 Supreme(Raj) 585

K.S.RATHORE
Mukesh Garg – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
P.S. Asopa, Sr. Advocate with Manish Bhandari & Manish Acharya, for Petitioners Mohd. Rafiq, AAG, for State B.L. Sharma, Ajay Rastogi, R.A. Katta, S.N. Kumawat & Ashok Gaur, for Respondents

Honble RATHORE, J.–Since in all these writ petitions similar question of law is involved, these writ petitions are decided by this common judgment.

(2). The petitioners who are selected through RPSC and substantially appointed as Medical Officer/Civil Assistant Surgeon, have filed these present writ petitions seeking writ order or direction that the circular/instruction so issued by the University of Rajasthan for Pre-P.G. Medical Examination 2004 for admission to MD/MS/Diploma Courses by which adhoc/temporary/contract employees have been permitted to appear in the said Examination in the category of `in-service, be declared illegal. All those candidates who are working on adhoc/temporary/consolidated salary should not be treated as `inservice candidates and their merit should be determined along with general candidates.

(3). Beside the aforesaid prayer the petitioner also challenged the provisions of validity of rule 9 of the Rajasthan Medical and Health Services Rules of 1963 (for short, the Rules of 1963) and the reservation given to the OBC candidates.

(4). This court vide order dated 31.3.2004 issued show cause notice to the respondents as to why this writ petition be not admitte

































































































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