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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Shrawan Kumar S/o Bhairu Ram – Appellant
Versus
State Of Rajasthan through the Secy., Department of Ayurved – Respondent
| Table of Content |
|---|
| 1. petitioner's qualification and claims for appointment. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. judicial intervention in appointment process. (Para 8 , 9) |
| 3. arguments against exclusion from merit list. (Para 10 , 12 , 14) |
| 4. court's analysis of legal principles regarding merit. (Para 15 , 16 , 17) |
| 5. authority of merit in appointive processes. (Para 18 , 19 , 20) |
| 6. court's conclusion and directives to government. (Para 21 , 22 , 23) |
JUDGMENT :
Anand Sharma, J.
1. By way of filing this writ petition, petitioner has prayed for direction against the respondents to give him appointment on the post of Junior Compounder/Nurse pursuant to advertisement dated 24.04.1999, as he has secured more marks than the last selected candidate (respondent No.3) in Scheduled Caste category and his name be placed at suitable place in final select list dated 19.03.2002 according to marks secured by him and all the consequential benefits may be granted to him.
2. Facts of the case in brief are that the petitioner is a member of Scheduled Caste. He took admission in Diploma in Ayurveda Nurse/Compounder training, wherein he appeared in part-I examination, result whereof was declared on 20.11.1995, howeve
Candidates with higher merit cannot be discriminated against on procedural grounds, emphasizing that merit should dictate appointments as per Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
The entitlement to appointments based on wait list positions and the application of age relaxation and policy circulars in determining eligibility for appointments.
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
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