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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
Abhishek Jain S/o Shri Paras Jain – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Medical And Health – Respondent
ORDER :
1. The instant Special Appeal Writ has been preferred claiming the following reliefs:-
“It is, therefore, most respectfully prayed that this appeal may kindly be allowed by quashing the judgment dated 17.04.2025 by allowing the writ petition along with the prayer made therein by holding the appellant eligible and entitle for the post of Pharmacist.
Any other order deemed just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner/appellant.”
2. The respondents have invited applications for the post of Pharmacist vide Advertisement/Notification dated 05.05.2023. The appellant applied pursuant thereto and succeeded on merits; however, the appellant’s name did not appear in the selected list solely on the ground that registration with the Pharmacy Council was not available at the time of document verification.
3. Learned counsel for the appellant makes a limited submission that after acquiring the requisite qualification of Pharmacist, the appellant applied for registration with the Pharmacy Council on 22.02.2023. He draws the attention of this Court towards the State Circular dated 31.10.2022, particularly paragraph No.4 thereof
Appointment – If it is found that there is no lapse/delay on part of applicant, he cannot be punished for no fault attributable to him.
The main legal point established in the judgment is the strict adherence to the eligibility criteria as stipulated in the advertisement, particularly the requirement of possessing the registration wi....
The delay in obtaining a required certificate, beyond the petitioner's control, should not render the petitioner ineligible for appointment, especially when vacancies exist and there is a need for mo....
The registration certificate should be treated as a technical formality and not an additional qualification, and the advertisement should be amended to avoid unnecessary distress to meritorious candi....
The main legal point established in the judgment is that substantial compliance with the requirements of the advertisement and qualification for the post should not be denied based on technicalities,....
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