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2024 Supreme(Online)(RAJ) 26796

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17062/2023

1. Akshay Kumar Vaishnav S/o Ramgopal Vaishnav, Aged About 31 Years, Village Barni, Post Antali, Tehsil Hurda, District Bhilwara (Raj.).

2. Arjun Puri S/o Ladu Puri, Aged About 34 Years, Village/post Khudi Pawa, Tehsil Deedwana, District Nagaur (Raj.).

3. Rahul Patidar S/o Rajendra Patidar, Aged About 26 Years, Village Anwali Kallan, Tehsil Pach Pahad, District Jhalawar (Raj.).

4. Suresh Chand Lohar S/o Bajranglal Lohar, Aged About 36 Years, Village Kalera Krishna Gopal, Tehsil Kekri, District Ajmer (Raj.).

5. Puja D/o Baidyanath, Aged About 28 Years, Village/post Kohrana, Tehsil Behrod, District Alwar (Raj.).

6. Nikhat Parveen D/o Saleem Mohammad Ansari, Aged About

30 Years, Behind Govt. Hospital, Todaraisingh, Tehsil Todaraisingh, District Tonk (Raj.).

7. Arun Khokhar S/o Nopa Ram, Aged About 37 Years, Khokharo Ka Bas, Sudrasan, Deedwana, District Nagaur (Raj.).

8. Abhishek Sharma S/o Om Prakash Sharma, Aged About 29 Years, C-7, Maruti Nagar, Ramganj Mandi, District Kota (Raj.).

9. Rakesh Kumar S/o Prem Narayan, Aged About 35 Years, Village Motipura, Chandipur, Tehsil Manohar Thana, District Jhalawar (Raj.).

10. Maina Kumari Meena D/o Jagdish Meena, Aged About 32 Years, Kali Ghati, Tokar, Tehsil Salumbar, District Udaipur (Raj.).

11. Ashok Jangid S/o Amar Chand, Aged About 33 Years, Village Lampolai, Tehsil Riyan Badi, District Nagaur (Raj.).

12. Sheela Meena D/o Amrit Lal Meena, Aged About 38 Years, Village/ Post Pal Galandar, Tehsil Bichhiwara, District Dungarpur (Raj.).

13. Dinesh Kumar Amaliya S/o Gatulal Amaliya, Aged About 30 Years, Village Rangela, Post Geji, Via Vikas Nagar, District Dungarpur (Raj.).

14. Pratibha Meena D/o Chandulal Meena, Aged About 28 Years, Naya Talab, Post Hathai, District Dungarpur (Raj.).

15. Sanwar Mal Sharma S/o Laxmi Lal Sharma, Aged About 30 Years, Village/post Dhuwala, Tehsil Mandal, District Bhilwara (Raj.).

16. Rekha Kumari D/o Ramchandra, Aged About 34 Years, Village/post Panchya Khedi, Shrichhatarpur, Tehsil Pachpahar, District Jhalawar (Raj.).

17. Urmila Nanoma D/o Chandraveer Nanoma, Aged About 26 Years, Village Jhanjhari, Post Jorawarpura, Tehsil Simalwara, District Dungarpur (Raj.).

18. Rampyari Mali D/o Kishan Lal Mali, Aged About 29 Years, Village Mataji Ka Kheda, Post Jagpura, Tehsil Badnor, District Bhilwara (Raj.).

19. Nisha Khant D/o Mangla Khant, Aged About 26 Years, Village/post Rati Ka Fala, Peeth, Tehsil Simalwara, District Dungarpur (Raj.).

20. Seema Saini D/o Ganesh Lal, Aged About 30 Years, Village/

post Shiwad, Tehsil Chhoth Ka Bakhara, District Sawai Madhopur (Raj.).

21. Sapana Prajapat D/o Durga Lal Kumhar, Aged About 34 Years, Sadar Bazar, Saradhana, District Ajmer (Raj.).

22. Sheela Jangid D/o Mahavir Prasad Jangid, Aged About 33 Years, Gopalpura, Tehsil Kekri, District Ajmer (Raj.).

23. Madhu Shree Nagar D/o Prahlad Nagar, Aged About 33 Years, Village/post Soomar, Tehsil Khanpur, District Jhalawar (Raj.).

24. Mamta Lavvanshi D/o Tejmal, Aged About 32 Years, Village Ganeshpura, Post Shorti, Tehsil Manohar Thana, District Jhalawar (Raj.).

25. Bahadur Singh Anjana S/o Mangi Lal Anjana, Aged About

38 Years, Bhilo Ka Mohalla, Alawa, Ganeshpura, Tehsil Pachpahad, District Jhalawar (Raj.).

26. Surendra Kumar Khatik S/o Ladu Lal Khatik, Aged About 34 Years, Village/post Sadas, Tehsil Gangrar, District Chittorgarh (Raj.).

27. Sharmila Sharma D/o Rajesh Kumar Sharma, Aged About

27 Years, Ward No.10, Near Jain Mandir, Rashmi, District Chittorgarh (Raj.).

28. Lalit Kumar Khatik S/o Sobhag Mal Khatik, Aged About 39 Years, Village/post Mangrol, Tehsil Nimbahera, District Chittorgarh (Raj.).

29. Suresh Chandra Regar S/o Kallu Lal Regar, Aged About 35 Years, Regar Mohalla, Chechi, District Chittorgarh (Raj.).

30. Asha Kanwar Panwar D/o Jagdish Prasad Panwar, Aged About 31 Years, Village/post Gudha Ramdas, Bagadwa, Tehsil Peeplu, District Tonk (Raj.).

31. Vikram Singh Maida S/o Shambhu Lal Maida, Aged About

29 Years, Village/post Pipalada, Parthipura, Tehsil Pipalkhunt, District Pratapgarh (Raj.).

32. Deepika Vaishnav D/o Dashrath Kumar Vaishnav, Aged About 23 Years, Village/post Mandal, Near Bada Mandir, Tehsil Mandal, District Bhilwara (Raj.).

33. Sumitra Varma D/o Chaturbhuj Varma, Aged About 31 Years, Village/post Gadh Rawla, Motras, Tehsil Badnor, District Bhilwara (Raj.).

34. Vijayraj Sen S/o Bhanwar Lal Sen, Aged About 38 Years, Navdurga Colony, Village Sogalpur, District Ajmer (Raj.).

35. Tejmal Jeengar S/o Hemraj Jeengar, Aged About 31 Years, Sangram Garh, Tehsil Badnor, District Bhilwara (Raj.).

36. Kamlesh Sanwariya S/o Laxmi Lal Sanwariya, Aged About

36 Years, Village Jeewar, Sadar Chowk, Post Jagpura, Tehsil Badnor, District Bhilwara (Raj.).

37. Sheevangi Kumari D/o Manmohan, Aged About 29 Years, Village/post Garampura, Lakheri, Tehsil Indragarh, District Bundi (Raj.).

38. Reena Khardiya D/o Basti Ram, Aged About 29 Years, Village/ Post Banthadi, Tehsil Deedwana, District Nagaur (Raj.).

39. Anita Kumari D/o Nanji Ram, Aged About 29 Years, Village/

post Gaang, District Jalore (Raj.).

40. Rajesh Gajan S/o Jayanti Lal Gajan, Aged About 34 Years, Village Badgaon, Patwar Gali, Tehsil Raniwara, District Jalore (Raj.).

41. Shankar Lal Damor S/o Mani Lal Damor, Aged About 38 Years, Village Jeewar, Tehsil Girwa, District Jalore (Raj.).

42. Ajeet Meghwal S/o Heera Lal Meghwal, Aged About 31 Years, Village Gurel, Gudal, Tehsil Salumbar, District Udaipur (Raj.).

43. Laxmi Lal Meghwal S/o Amba Lal Meghwal, Aged About 35 Years, Village Jogidasji Ka Guda, Post Jemli, Tehsil Sayra, District Udaipur (Raj.).

44. Kapil Pancholi S/o Ramesh Chandra Pancholi, Aged About

27 Years, Village Semari, Tehsil Sarada, District Udaipur (Raj.).

45. Khushbu Meghwal D/o Ram Lal Meghwal, Aged About 30 Years, Village Jogidasji Ka Guda, Post Jemli, Tehsil Sayra, District Udaipur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Jaipur.

2. The Principal Secretary, Ayurved And Indian Medicine Department, Secretariat, Jaipur

3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Jaipur.

4. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

5. The Mission Director, National Health Mission, Govt. Of Rajasthan, Jaipur.

6. The Mission Director, National Ayush Mission, Ayush Bhawan, Govt. Of Rajasthan, Jaipur.

7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University, Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.). 8. The Deputy Director, Ayurved Department, Bhilwara.

9. The Deputy Director, Ayurved Department, Nagaur.

10. The Deputy Director, Ayurved Department, Chittorgarh.

11. The Deputy Director, Ayurved Department, Jalore.

12. The Deputy Director, Ayurved Department, Dungarpur.

13. The Deputy Director, Ayurved Department, Alwar.

14. The Deputy Director, Ayurved Department, Jhalawar.

15. The Deputy Director, Ayurved Department, Ajmer.

16. The Deputy Director, Ayurved Department, Tonk. 17. The Deputy Director, Ayurved Department, Kota.

18. The Deputy Director, Ayurved Department, Bundi.

19. The Deputy Director, Ayurved Department, Sawai Madhopur.

20. The Deputy Director, Ayurved Department, Pratapgarh.

21. The Deputy Director, Ayurved Department, Udaipur.

----Respondents Connected With S.B. Civil Writ Petition No. 18539/2023

1. Virendra Tak S/o Shri Suresh Chand, Aged About 32 Years, Resident Of Village/post Manglana, Tehsil Parbatsar, District Nagaur (Raj.).

2. Deendayal S/o Shri Damodar Lal, Aged About 32 Years, Resident Of Village Bherwas, Post Bajwas, Tehsil Parbatsar, District Nagaur (Raj.).

3. Kesham Kumar Verma S/o Shri Bhoma Ram Bunkar, Aged About 39 Years, Resident Of Village Dhodhsar, Via Govindgarh, Tehsil Chomu, District Jaipur (Raj.).

4. Anil Shukla S/o Shri Kailash Chand, Aged About 31 Years, Resident Of Village/post Karana, Tehsil Narayanpur, District Alwar (Raj.)

5. Rekha Verma W/o Shri Prabhati Lal Bairwa, Aged About 31 Years, Resident Of Village Morod Kalan, Post Nawalpura, Tehsil Raini, District Alwar (Raj.).

6. Anand Lata Saini W/o Shri Lokesh Kumar Saini, Aged About

32 Years, Resident Of Village Ajabpura, Tehsil Narayanpur, District Alwar (Raj.).

7. Manisha Yadav W/o Shri Sunil Kumar, Aged About 34 Years, Resident Of Village Mosampur, Tehsil Tizara, District Alwar (Raj.).

8. Upender Singh S/o Shri Lal Singh, Aged About 34 Years, Resident Of Village/post Mandha, Tehsil Tizara, District Alwar (Raj.).

9. Pradeep Kumar Yadav S/o Shri Lahri Prasad Yadav, Aged About 27 Years, Resident Of Village/post Majra Mahaniya, Tehsil Tizara, District Alwar (Raj.).

10. Ravi Kumar Gurawa S/o Shri Kailash Chandra Gurawa, Aged About 37 Years, Resident Of Village Gudaliya, Via Badhal, Tehsil Chomu, District Jaipur (Raj.).

11. Vidhya Bharti D/o Shri Ramjilal Bairwa, Aged About 28 Years, Resident Of Village/ Post Chhaan, Tehsil Khandar, District Sawai Madhopur (Raj.).

12. Priyanka Kumari D/o Shri Bajrang Lal Yogi, Aged About 24 Years, Resident Of Village/post Khejroli, Tehsil Shahpura, District Jaipur (Raj.).

13. Archana Yogi W/o Shri Rakesh Kumar Yogi, Aged About 27 Years, Resident Of Village/post Nathusar, Tehsil Thanagaji, District Alwar (Raj.).

14. Jagriti W/o Shri Udai Singh, Aged About 35 Years, Resident Of Village/ Post Bamboli, Tehsil Ramgarh, District Alwar (Raj.).

15. Sunita Jaldeep D/o Shri Gopal Lal Jaldeep, Aged About 30 Years, Resident Of Village / Post Ajabpura, Tehsil Thanagazi, District Alwar (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Jaipur.

2. The Principal Secretary, Ayurved And Indian Medicine Department, Secretariat, Jaipur

3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Jaipur.

4. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

5. The Mission Director, National Health Mission, Govt. Of Rajasthan, Jaipur.

6. The Mission Director, National Ayush Mission, Ayush Bhawan, Govt. Of Rajasthan, Jaipur.

7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University, Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).

8. The Block Chief Medical Officer, Govindgarh, District Jaipur.

9. The Block Chief Medical Officer, Nangal, District Sikar.

10. The Deputy Director, Ayurved Department, Nagaur.

11. The Deputy Director, Ayurved Department, Alwar.

12. The Deputy Director, Ayurved Department, Sawai Madhopur.

13. The Deputy Director, Ayurved Department, Sikar.

----Respondents S.B. Civil Writ Petition No. 9316/2024

1. Mukat Singh S/o Shiv Charan Singh, Aged About 31 Years, Village/post Moloni, Tehsil Weir, District Bharatpur (Raj.).

2. Rekha Devi D/o Samay Singh, Aged About 33 Years, Village Gurjar Basti, Post Singhara, Tehsil Bayana, District Bharatpur (Raj.).

3. Suresh S/o Karna Ram, Aged About 32 Years, Dhadhar Walo Ki Dhani, Village/ Post Dayasagar Khara, Tehsil And District Phalodi (Raj.).

4. Geeta Panwar D/o Prem Ratan Panwar, Aged About 28 Years, 144, Malar, Near Rin Road, Tehsil And District Phalodi (Raj.).

5. Nikita Sen D/o Mahesh Kumar Sen, Aged About 30 Years, Kayasth Mohalla, Near Post Office, Old City, Kishangarh, District Ajmer (Raj.).

6. Meku Devi D/o Chhotu Ram, Aged About 29 Years, Village Kutiyasani Khurd, Po Manjhi, Tehsil Degana, District Nagaur (Raj.).

7. Pushpa Devi D/o Hari Singh, Aged About 35 Years, Village Halena, Tehsil Wair, District Bharatpur (Raj.).

8. Antima Tailor D/o Nand Kishore Tailor, Aged About 26 Years, Jain Mohalla, Hameerpur, Tehsil Todaraysingh, District Tonk (Raj.).

9. Manju Kumari Balai D/o Kishan Lal Balai, Aged About 37 Years, Village Baliyo Ka Mohalla, Mundoti, Tehsil Kishangarh Renwal, District Jaipur (Raj.).

10. Rekha Rao D/o Devi Lal Rao, Aged About 38 Years, Village/

Post Arjiya, Sadar Bazar, Tehsil And District Bhilwara (Raj.).

11. Leela Laxkar D/o Jagnnath Laxkar, Aged About 41 Years, Vpo Parsoli, Ganesh Chowk, Tehsil Begun, District Chittorgarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Jaipur.

2. The Principal Secretary, Ayurved And Indian Medicine Department, Secretariat, Jaipur

3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Jaipur.

4. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

5. The Mission Director, National Health Mission, Govt. Of Rajasthan, Jaipur.

6. The Mission Director, National Ayush Mission, Ayush Bhawan, Govt. Of Rajasthan, Jaipur.

7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University, Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.). 8. The Deputy Director, Ayurved Department, Bharatpur.

9. The Deputy Director, Ayurved Department, Jodhpur.

10. The Deputy Director, Ayurved Department, Pali.

11. The Deputy Director, Ayurved Department, Nagaur.

12. The Deputy Director, Ayurved Department, Tonk.

13. The Deputy Director, Ayurved Department, Jaipur B Region.

14. The Deputy Director, Ayurved Department, Bhilwara.

15. The Deputy Director, Ayurved Department, Chittorgarh.

----Respondents S.B. Civil Writ Petition No. 17208/2023

1. Ashok Kumar S/o Sh. Bhoja Ram, Aged About 32 Years, R/

o Village And Post Mahadevpura, Gram Panchayat Poshal, Tehsil Chohatan, District Barmer, Rajasthan. At Present Posted At Ayush Health And Wellness Centre Hejam Ka Tall, Tehsil Chohatan, Dist. Barmer.

2. Poonama Ram S/o Sh. Patta Ram, Aged About 37 Years, R/

o Village And Post Gagariya Station, Tehsil Ramsar, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Sajjan Ka Par, Barmer, Dist. Barmer.

3. Dashrath Choudhary S/o Sh. Moola Ram Choudhary, Aged About 36 Years, R/o Village And Post Dhako Ka Talla, Sarano Ki Nadi, Dhanau, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Dudhu, Dist. Barmer.

4. Champa Ram S/o Sh. Beejala Ram, Aged About 34 Years, R/o Village Shahdad Ka Par, Tehsil Gadara Road, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Shahdad Ka Par, Tehsil Gadara Road, Barmer, Dist.

Barmer.

5. Aslam Khan S/o Sh. Anvar Khan, Aged About 34 Years, R/o Kasbathana, Muslim Mohalaa, Chota Bajar, Kasbathana Tehsil Shahabad, Dist. Baran. At Present Posted At Ayush Health And Wellness Centre Bamangava, Dist. Baran.

6. Vimla D/o Sh. Lakha Ram, Aged About 31 Years, R/o Bhunkaron Ki Dhani, Chak Santara, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Khokhasar, Dist. Barmer.

7. Deepa Ram S/o Hukama Ram, Aged About 32 Years, R/o Village Pareu, Tehsil Gida, Dist. Barmer. At Present Psoted At Ayush Health And Wellness Centre Simerakhiya Purohitan, Dist. Barmer.

8. Vinod Kumar S/o Sh. Asha Ram, Aged About 31 Years, R/o Meghwalon Ka Bas, Morakha, Post Mundara, Tehsil Desuri, District Pali. At Present Posted At Ayush Health And Wellness Centre Chhoda, Dist. Pali.

9. Chaudhari Premila D/o Sh. Dalpat Kumar, Aged About 33 Years, R/o Dhakon Ka Talla, Saranon Ki Nadi, Tehsil Dhanau, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Dudhu, Dist. Barmer.

10. Anita Choudhary W/o Sh. Teja Ram, Aged About 33 Years, R/o Deramoni, Potaliyon Ki Dhani, Bayatu, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Simerkhiya Khara, Dist. Barmer.

11. Pukhraj S/o Sh. Pema Ram, Aged About 29 Years, R/o Meghwalo Ka Bas, Pareu, Tehsil Gida, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Simarakhiya Khara, Dist. Barmer.

12. Leelawati D/o Sh. Lakha Ram, Aged About 31 Years, R/o Gujaro Ki Dhani, Bayatu Chimji, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre Jasai, Dist.

Barmer.

13. Nirma W/o Sh. Poona Ram, Aged About 30 Years, R/o Village Newai, Pachapadara, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre, Umaralai, Dist. Barmer.

14. Alkesh Kumar S/o Sh. Himmat Mal, Aged About 28 Years, R/o Sutharon Ka Bas, Joyala, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre Joyala, Block Shivganj, Dist. Sirohi.

15. Suman Nehra D/o Sh. Mangla Ram, Aged About 31 Years, R/o Village And Post Khorandi, Tehsil Nawa, Dist. Nagaur. At Present Posted At Ayush Health And Wellness Centre Khorandi, Teh. Nawa, Dist. Nagaur.

16. Niranjan Kumar Parmar S/o Sh. Jora Ram Parmar, Aged About 33 Years, R/o Meghwalo Ka Bas, Salodariya, Dist. Pali. At Present Posted At Ayush Health And Wellness Centre, Paldi Thana, Sumerpur, Dist. Pali.

17. Neelam Goswami D/o Sh. Amrit Puri Goswami, Aged About

32 Years, R/o Ushapuri Gate, Aeundar, Sumerpur, Dist. Pali. At Present Posted At Ayush Health And Wellness Centre, Paldi, Sumerpur, Dist. Pali.

18. Ramchandra S/o Sh. Mohanlal, Aged About 32 Years, R/o Village Sanwatgarh, Shyamgarh, Tehsil Nawa, Dist Nagaur. At Present Posted At Ayush Health And Wellness Centre, Shyamgarh, Dist. Nagaur.

19. Suman Jat W/o Sh. Premchand, Aged About 27 Years, R/o Joshipura, Tehsil Nawa, Dist. Nagaur. At Present Psoted At Ayush Health And Wellness Centre, Shyamgarh, Dist.

Nagaur.

20. Anita Meena D/o Sh. Ganpati Meena, Aged About 30 Years, R/o Village Darra, Rodhai, Dist. Karouli. At Present Posted At Ayush Health And Wellness Centre, Bhankari Dist.

Karauli.

21. Vimla D/o Sh. Moola Ram, Aged About 31 Years, R/o Village And Post Jooniundari, Barmer, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre, Sidhasanwa, Harniyan, Dist. Barmer.

22. Madhu Kumari W/o Harchand Singh Saini, Aged About 25 Years, R/o Village And Post Semli, Tehsil Nagar, Dist. Bharatpur. At Present Posted At Ayush Health And Wellness Centre, Semli, Dist. Bharatpur.

23. Sitara Begam W/o Sh. Ashik Hussain, Aged About 34 Years, R/o Balaji Ka Gali, Jameetpura, Tehsil Talera, Dist. Bundi. At Present Posted At Ayush Health And Wellness Centre, Jameetpura, Dist. Bundi.

24. Maina Bai D/o Sh. Nand Kishor, Aged About 29 Years, R/o Karwala Ki Jhonparyan, Bundi, Dist. Bundi. At Present Posted At Ayush Health And Wellness Centre, Jaisthal, Dist.

Bundi.

25. Chitralekha Tiwari W/o Sh. Pradeep Kumar Sharma, Aged About 33 Years, R/o Bus Stand, Bheru Ji Barda, Hindoli, Dist. Bundi. At Present Posted At Ayush Health And Wellness Centre, Tokara, Dist. Bundi.

26. Khushbhu Gour W/o Sh. Deepak Kumar, Aged About 29 Years, R/o Chacholya Talab, Gendoli Khurd, Dist. Bundi. At Present Posted At Ayush Health And Wellness Centre, Gendoli Khurd, Dist. Bundi.

27. Laxman Kumar Meghwal S/o Sh. Naina Ram Meghwal, Aged About 25 Years, R/o Meghwal Bas, Tawari, Dist. Sirohi, Present Posted At Ayush Health And Wellness Centre, Centre, Gole, Dist. Sirohi.

28. Bharat Kumar Meghwal S/o Sh. Hansa Ram, Aged About 40 Years, R/o Village Sirodi, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre, Hathal, Teh. Rewadar, Dist. Sirohi.

29. Laxmi Kumari W/o Sh. Manish Kumar, Aged About 30 Years, R/o Meghwal Was, Juni Kharadi, Ward No. 06, Abu Road, Sirohi, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre, Kivarli, Teh. Aburaod, Dist.

Sirohi.

30. Rajendra Kumar Dangi S/o Sh. Hansa Ram Dangi, Aged About 38 Years, R/o South Meghwal Was, Ward No. 06, Gali No. 03, Sirohi, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre, Mankroda, Dist. Sirohi.

31. Naresh Kumar Meena S/o Sh. Rama Ram Meena, Aged About 32 Years, R/o Posaliya, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre, Kanakolar, Dist. Sirohi.

32. Pushpa Kumari D/o Sh. Sama Ram, Aged About 30 Years, R/o Akhariya Vas, Bargaon, Dist. Sirohi. At Present Psoted At Ayush Ehalth And Wellness Centre, Kanakolar, Dist.

Sirohi.

33. Chotu Lal S/o Sh. Gena Ram, Aged About 33 Years, R/o Meghwal Vas, I.t.i. Road, Santpur, Abu Road, Dist. Sirohi. At Present Posted At Ayush Health And Wellness Centre, Santpur, Dist. Sirohi.

34. Shankarlal Meghwal S/o Magan Lal Meghwal, Aged About

33 Years, R/o Meghwal Vas, Ore Dis. Srohi. At Present Posted At Ayush Health And Wellness Centre, Ore, Abu Road, Dist. Sirohi.

35. Vala Ram S/o Sh. Uda Ram, Aged About 31 Years, R/o Village And Psot Thob, Tehsil Pachpadra, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre, Umaralayi, Dist. Barmer.

36. Pratap Bana S/o Sh. Gopal Krishna Bana, Aged About 32 Years, R/o Kankolgarh, Khokhasar, Gida, Dist. Barmer. At Present Posted At Ayush Health And Wellness Centre, Khokhasar, Dist. Barmer.

37. Neeraj Devi W/o Surendra Singh, Aged About 28 Years, R/o Village Gajipur, Dist. Karauli At Present Posted At Ayush Health And Wellness Centre, Pahadi, Dist. Karauli.

38. Mooli D/o Sh. Bhoma Ram, Aged About 32 Years, R/o Ganganiyon Ki Dhani, Kalewa, Dist. Barmer. At Present At Ayush Health And Wellness Centre, Khanoda, Dist. Barmer.

39. Laxmi Shekhawat W/o Sh. Bheem Singh, Aged About 34 Years, R/o Rewada Jetmal, Dist. Barmer. At Present At Ayush Health And Wellness Centre, Simarakhiya Purohitan, Dist. Barmer.

40. Nirmala Mehra W/o Sh. Brij Raj Mehra, Aged About 35 Years, R/o 28, Devnarayan Ke Mandir Ke Pass, Atraliya, Kota Dist. Kota. At Present At Ayush Health And Wellness Centre, Haripura Manjhi, Dist. Kota.

41. Rahina Bano W/o Sh. Arif Husain, Aged About 34 Years, R/o

179, Saran Wali Gali, Genta, Dist. Kota. At Present At Ayush Health And Wellness Centre, Genta, Dist. Kota.

42. Vishnu Kumar S/o Sh. Devki Nandan Sharma, Aged About

34 Years, R/o Talera Dist. Bundli. At Present Posted At Ayush Health And Wellness Centre, Jamitpura, Dist. Bundi.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Ayush (Ayurved, Yoga, Naturopathy, Homiopathic, Unani) Government Of Rajasthan, Jaipur.

2. State Of Rajasthan, Department Of Personnel, Through Its Secretary, Secretariat, Jaipur.

3. The Director, Department Of Ayurveda, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

4. Dr. Sarvapali Radhakrishnan Rajasthan Ayurveda University, Through Its Registrar, Karvad Nagaur Road, Jodhpur.

----Respondents S.B. Civil Writ Petition No. 9283/2024

1. Kiran Jajra D/o Shri Amra Ram Jajra, Aged About 26 Years, Resident Of Village Jato Ka Bas, Mathaniya, Post Dodiyana, Tehsil Riayn Badi, District Nagaur (Raj.).

2. Prem Chand Jangid S/o Shri Ragunath Ram, Aged About 35 Years, Resident Of Village Dhamniya, Post Baggad, Tehsil Riyan Badi, District Nagaur (Raj.).

3. Jaswant Singh S/o Shri Narayan Singh Rajpurohit, Aged About 34 Years, Resident Of Bichala Bas, Ward No. 10, Sri Kolayat, Tehsil Kolayat, District Bikaner (Raj.).

4. Lakhan Soni S/o Shr Dinesh Soni, Aged About 25 Years, Resident Of Village/post Hanuman Gali Anwar, Tehsil Pachpahad, District Jhalawar (Raj.).

5. Bisram Jat S/o Shri Raymal Jat, Aged About 33 Years, Resident Of Village Gothiyana, Via Arai, Tehsil Arai, District Ajmer (Raj.).

6. Mukesh Verma S/o Shri Babulal Verma, Aged About 32 Years, Resident Of Village Bandhnau, Post Dikhnada, Tehsil Sardarshahar, District Churu (Raj.).

7. Sharda Talnia W/o Shri Indraj Mahich, Aged About 34 Years, Resident Of Village Dhani Ranasar, Pawaran, Post Jaitasar, Tehsil Sardarshahar, District Churu (Raj.).

8. Sunita Chundawat W/o Shri Mahipal Singh, Aged About 35 Years, Resident Of Village/post Manda, Via Sojat Road, Tehsil Marwar Junction, District Pali (Raj.).

9. Mamta Rani W/o Shri Nanu Ram Prajapat, Aged About 31 Years, Resident Of Village Udasar, Post Kalyanpura, District Churu (Raj.).

10. Manju Devi D/o Shri Shyopat Ram, Aged About 34 Years, Resident Of Ward No. 13, Talwara Jhheel, Tehsil Tibbi, District Hanumangarh (Raj.).

11. Monika Mehar D/o Shri Sitaram Mehar, Aged About 32 Years, Resident Of Village/post Chand-Khedi, Tehsil Khanpur, District Jhalawar (Raj.).

12. Minakshi Kumari D/o Shri Uma Sankar Pandey, Aged About

33 Years, Resident Of Village/post Bad Bas, Jaliya-2Nd, Tehsil Vijaynagar, District Ajmer (Raj.).

13. Sandeep Meena S/o Shri Ram Kishan Meena, Aged About

36 Years, Resident Of 65/66, Behind Police Line, Shivnagar, Bhilwara (Raj.).

14. Manoj Singh S/o Shri Bhagwan Singh Rathore, Aged About

37 Years, Resident Of Village/post Damboi Khurd, Via Gachchhipura, Tehsil Makrana, District Deedwana-

Kuchaman (Raj.).

15. Jagdish Chandra Meena S/o Shri Magna Ram Meena, Aged About 32 Years, Resident Of Village/post Kheruna, Teethoda, Tehsil Jahajpur, District Bhilwara (Raj.).

16. Sonu Kumari Balai D/o Shri Ramesh Chandra Balai, Wife Of Shri Vijay Kumar, Aged About 31 Years, Resident Of Village/

post Bankara, Tehsil Jahajpur, District Bhilwara (Raj.).

17. Minaxi Bunkar D/o Shri Bnshidhr Bunkar, Aged About 33 Years, Resident Of Village/post Moriza, Tehsil Chomu, District Jaipur (Raj.).

18. Sirjeet Kumar S/o Shri Mehar Chand, Aged About 40 Years, Resident Of Ward No. 9, Village Daulatpura, Tehsil Tibbi, District Hanumangarh (Raj.).

19. Jai Prakash Bunkar S/o Shri Gopal Lal Bunkar, Aged About

42 Years, Resident Of Village Hardrampura, Post Khejroli, Tehsil Chomu, District Jaipur (Raj.).

20. Kamlesh Kumar S/o Shri Babulal, Aged About 37 Years, Resident Of Village Bhateep, Post Kodka, Tehsil Raniwara, District Jalore (Raj.).

21. Sanju Kumari W/o Shri Nathu Singh, Aged About 30 Years, Resident Of Gillon Ka Bas, Village Dhaniya, Bhorki, Tehsil Udaipurwati, District Jhunjhunu (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Jaipur.

2. The Principal Secretary, Ayurved And Indian Medicine Department, Secretariat, Jaipur

3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Jaipur.

4. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

5. The Mission Director, National Health Mission, Govt. Of Rajasthan, Jaipur.

6. The Mission Director, National Ayush Mission, Ayush Bhawan, Govt. Of Rajasthan, Jaipur.

7. Dr. Sarvepli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).

8. The Deputy Director, Ayurved Department, Nagaur.

9. The Deputy Director, Ayurved Department, Churu.

10. The Deputy Director, Ayurved Department, Pali.

11. The Deputy Director, Ayurved Department, Hanumangarh.

12. The Deputy Director, Ayurved Department, Jhalawar.

13. The Deputy Director, Ayurved Department, Jaipur.

14. The Block Chief Medical Officer, Khejroli, District Jaipur-

First.

15. The Deputy Director, Ayurved Department, Jhunjhunu.

16. The Deputy Director, Ayurved Department, Ajmer.

17. The Deputy Director, Ayurved Department, Deedwana-

Kuchaman.

18. The Deputy Director, Ayurved Department, Bhilwara.

19. The Deputy Director, Ayurved Department, Jalore.

20. The Deputy Director, Ayurved Department, Bikaner.

----Respondents For Petitioner(s) : Mr. Yashpal Khileree with Ms. Vinita Mr. K.L. Chouhan For Respondent(s) : Mr. N.S. Rajpurohit, AAG Mr. Sher Singh Rajpurohit, Asstt. to AAG Ms. Anita Rajpurohit, Asstt. to AAG Mr. Suneil Purohit with Mr. Jasraj Singh HON'BLE MR. JUSTICE FARJAND ALI

Order

ORDER RESERVED ON : 20/09/2024 ORDER PRONOUNCED ON : 24/09/2024 Reportable 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 for not issuing the experience certificate in a prescribed format and not granting bonus marks to Yoga Instructors (“YI") in the ongoing selection process of Ayurveda Compounder/Nurse as per the order dated 25.04.2023 issued by the Department of Medical and Health despite the fact that they discharged their duties similar to Ayurveda Compounder/Nurse during the period of COVID-19.

2. The issue involved in all these matters is similar, with the consent of the parties all 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. 17062/2023.

3. Briefly stating the facts of the case are that in times of COVID-19 when the whole world was facing a deadly pandemic there was need of people who can come forward and contribute for the society. At that time, Government decided under the National AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) Mission to advertise vacancies for the posts of Yoga Instructor at 430 Ayurveda Hospitals situated in the State of Rajasthan which were selected as AYUSH Health & Wellness Centre and accordingly the respondent director Ayurveda Department issued an advertisement dated 04.03.2021 and invited applications from the eligible candidates and as per which one female and one male is to be appointed at each Ayurveda Hospital (Annexure 1). The petitioners are having qualifications showing Diploma in AYUSH Nursing and Pharmacy (DAN & P) as well as registration with Rajasthan Ayurveda Nursing Council, Jaipur (Annexure 2). Petitioners were being appointed on the post of Yoga Instructor by the order issued by the respondent authority and the copy of the appointment order dated 13.07.2021 of petitioner no.1 has been annexed with the writ petition and accordingly he joined on 15.07.2021 (Annexure 4). Similarly, the other petitioners were also joined and served as Yoga Instructor and this fact is not disputed. Petitioners were appointed during COVID-19 Pandemic in the month of July, 2021 and are continuing till date. During pandemic period i.e., 22.03.2020 to 13.02.2022, the services of all the employees including the employees of Ayurveda Department were handed over to the department of Medical and Health, Government of Rajasthan, Jaipur vide order dated 07.04.2020 (Annexure 7). The work done by the Ayurveda Department in Phase 1 and Phase 2 of COVID-19 is also annexed herewith (Annexure 8). The respondent state government has decided to provide additional bonus marks in the regular recruitment process of Medical and Health Department to those employees who served at the time of pandemic vide order dated 25.04.2023 (Annexure 11). Now the respondent department of AYUSH Rajasthan has issued advertisement dated 03.10.2023 and invited applications from eligible candidates for appointment on the post of Compounder/Nurse Junior Grade and the minimum qualification for the said post is Three years Diploma or Four Years B.Sc. in Ayurveda Nursing along with internship from a university established by law in India and registered in Rajasthan Ayurveda Nursing Council (Annexure 13). The criteria of selection process, grant of bonus marks, reservations as well as relaxations were all given in the advertisement. The petitioners performed duties during COVID-19 and are still continuing on contractual basis in the respondent department but no additional benefits have been given as per order dated 25.04.2023 (Annexure 11) and therefore it is challenged by way of filing the instant writ petitions.

4. Learned counsel for the petitioner submits that the actions of respondent’s authority in denying to issue the experience certificate in a prescribe

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