Honble RAFIQ, J.–All the aforementioned writ petitions have been filed by an many as 224 petitioners who all are working on the post of Female Health Worker (for short F.H.W.) under Chief Medical and Health Officers of districts Barmer, Jaisalmer, Jalore and Nagaur on payment of consolidated monthly salary. In all these writ petitions the petitioners have prayed for a writ of mandamus directing the respondents to treat their selection and appointment on the post of F.H.W. regular and substantive. In the alternative it has been prayed that the advertisement dated 7th December, 2004 may be set aside and the respondents may be directed to first absorb the petitioners on the post of F.H.W. and thereafter proceed to make recruitment pursuant to advertisement dated 7th December, 2004 and in doing so, the respondents may fill up 50% of the posts from amongst the petitioners and further award 25% bonus marks to the rest of the petitioners against remaining 50% posts. Since common relief has been prayed for in all the writ petitions, arguments in all these cases were heard together and they are being decided by this common judgment. For the purpose of convenience however facts of S.B.C. Writ Petition No. 697/05 are being taken up to form basis for decision of all the writ petitions.

(2). The petitioners who are all female candidates have passed the training course of Auxiliary Nurse Midwifery/Health Worker (Female). According to the them, they were required to execute a bond on a non judicial stamp of Rs. 5/- upon completion of their training course undertaking to apply for appointment to the Joint Director, Medical & Health Services of respective zones within one month of declaration of result of their training course and serve the government for a period not less than five years from the date of offer of appointment made by the government. In case of their refusal or failure to serve the government, they were required to repay whatever expenditure was incurred by the government on their training. Vacancies on the post of F.H.W. are required to be determined every year as per Rule 9 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short ``the Rules of 1965). According to schedule appended to the said rules, source of recruitment for appointment on the post of F.H.W. is 100% by direct recruitment and the qualification for such appointment is VIIIth standard with auxiliary nurse midwifery training/Female Health Worker course. Determination of vacancies is made with reference to the post duly sanctioned by the Finance Department of the Government in the cadre strength under the said rules.

(3). The Chief Medical and Health Officer, Barmer published an advertisement on 17th May, 2000 inviting applications for appointment on 89 vacant posts of F.H.W. on urgent temporary basis on a consolidated salary of Rs. 3500/- per month. The said advertisement stated that the appointment were to be made for a period only upto 31st July, 2000. Such similar advertisements were also issued in respect of other districts too. The petitioners being eligible, they duly applied in response to such advertisement. The application forms were scrutinized as per Rule 19 of the Rules of 1965. They were then subjected to an interview by a Selection Committee duly constituted by the respondents for the purpose. The petitioners were selected on the basis of the recommendation of the Selection Committee and accordingly their appointment orders were issued.

(4). The case of the petitioners is that they were all having requisite qualifications and their appointment was made by duly advertising the vacancies after following the procedure meant for direct recruitment as contemplated by Part IV of the Rules of 1965. Even though, the appointment of the petitioners was made against duly sanctioned posts of F.H.W. In the pay scale of Rs. 4000-6000, yet they were being paid monthly salary of Rs. 3500/- with 20% annual increase for two years. After completion o

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