Rajasthan High Court - Jodhpur
Kusum Paridwal vs State Of Rajasthan on 2 September, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 11810/2021 Kusum Paridwal D/o Ramdhan Paridwal, Aged About 25 Years, 433, Bapu Nagar, Niwal, Tonk Rajasthan, 304021
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents Connected With (2) S.B. Civil Writ Petition No. 11811/2021 Pragya Arya D/o Lokesh Kumar Arya, Aged About 24 Years, Rashmi Chittorgarh, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents
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(3) S.B. Civil Writ Petition No. 11815/2021 Priyanka Bedwal D/o Ramavatar, Aged About 24 Years, Kithana, Jhunjhunu, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (4) S.B. Civil Writ Petition No. 11817/2021 Rekha Chouhan D/o Madan Lal Chouhan, Aged About 23 Years, Bera Wala Bas, Parihar Nagar, Bhadwasiya, Jodhpur, K.U.M. Mandore Road, Rajasthan 342007
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (5) S.B. Civil Writ Petition No. 11829/2021 (Downloaded on 03/09/2021 at 08:55:10 PM) (3 of 13) [CW-11810/2021] Pratiksha Virwal D/o Ashish Kumar, Aged About 24 Years, Plot No.57, Near IOC, RK Puram, Teetardi Udaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (6) S.B. Civil Writ Petition No. 11831/2021 Dimpal Katara D/o Mansukh Lal Katara, Aged About 25 Years, Ward No.10, Katara Fala, Mukam Post Asela, Dungarpur, Damdi, Rajasthan 314036
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (7) S.B. Civil Writ Petition No. 11836/2021 Kirti Meena D/o Kailash Chand Meena, Aged About 26 Years, R/o Raisana, Karauli, Raysana, Rajasthan 322215.
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----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitari College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University, Jodhpur Nagaur Road Karwad, Jodhpur.
----Respondents (8) S.B. Civil Writ Petition No. 11843/2021 Divya Kumari Damor D/o Bhagwan Lal Damor, Aged About 25 Years, R/o Banjariya, Tehsil Kherwada, District Udaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitari College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University, Jodhpur Nagaur Road Karwad, Jodhpur.
----Respondents (9) S.B. Civil Writ Petition No. 11833/2021 Pallavi Dangi D/o Himmat Mal Dangi, Aged About 26 Years, Dr. Ambedkar Colony, Bali, Pali, Rajasthan (Downloaded on 03/09/2021 at 08:55:10 PM) (5 of 13) [CW-11810/2021]
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (10) S.B. Civil Writ Petition No. 11837/2021 Suman Meena D/o Lakhan Lal Meena, Aged About 25 Years, Gagwana, Dausa, Rajasthan
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (11) S.B. Civil Writ Petition No. 11844/2021 Kirti Garasiya D/o Jawahar Lal Garasiya, Aged About 24 Years, R/o Village Salala, Post Bhanda, Tehsil Kherwara, Udaipur, Rajasthan.
----Petitioner
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Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitari College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University, Jodhpur, Nagaur Road Karwad, Jodhpur.
----Respondents (12) S.B. Civil Writ Petition No. 11971/2021
1. Shefali Salvi D/o Mandan Lal Salvi, Aged About 27 Years, Village Karso Ka Khera Post Peethalpura, Tehsil Kanore, District Udaipur, Rajasthan 313604
2. Akhilesh Kumar Yadav S/o Indra Kumar Yadav, Aged About 27 Years, Yadav Colony, Salawatiya, Bhilwara, Rajasthan 311602
3. Anjali Nimesh D/o Ani Kumar, Aged About 26 Years, 2/82, Housing Board Colony, Sirohi, Rajasthan.
4. Chanchal Bansiwal D/o Babu Lal Bansiwal, Aged About 27 Years, 28E Block Adarsh Nagar, University Road, Pahaa, Udaipur, Rajasthan.
5. Lalita Kumari D/o Govverdhan Singh, Aged About 26 Years, Ward No.8, 208 Vijay Nagar Colony, Bharatpur, Rajasthan.
6. Manisha Sisodia D/o Mahendra Kumar Sisodia, Aged About 24 Years, 4/43 RCP Colony Near Jairam Kiryana Store, Sri Vijaynagar, Sri Ganganagar, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurved And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurveda And Bhartiya Chikitsa (Downloaded on 03/09/2021 at 08:55:10 PM) (7 of 13) [CW-11810/2021] Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitri College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwar, Jodhpur.
----Respondents (13) S.B. Civil Writ Petition No. 11985/2021
1. Jagrati Parmar D/o Premchand Parmar, Aged About 25 Years, R/o Village Bhalun Guda Post Dhelana, Tehsil Rishabhdeo, Udiapur, Rajasthan.
2. Man Singh Meena S/o Harkesh Meena, Aged About 27 Years, R/o Kabir Colony, Katwa Road, Lalsot, Sawai Madhopur, Rajasthan.
3. Shalini Dama D/o Partha Dama, Aged About 25 Years, R/o Dayanand Colony, Tilariya, Banswara, Rajasthan.
4. Yogmaya Meena D/o Dhanna Lal Meena, Aged About 32 Years, R/o Kaluji Dhywana Ki Dhani, VPO Sawansa, Tehsil Lalsot, District Dausa, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Its Principal Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Deputy Secretary, Ayurveda And Bhartiya Chikitsa Department, Government Of Rajasthan, Secretariat, Jaipur.
3. Director, Department Of Ayurved, Government Of Rajasthan, Ashok Marg Savitari College Chauraha, Ajmer.
4. Registrar, Dr. Sarvapalli Radha Krishan, Rajasthan Ayurveda University Jodhpur, Nagaur Road Karwad, Jodhpur.
----Respondents
For Petitioner(s) : Mr. V.L.S. Rajpurohit
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For Respondent(s) : Mr. Anil Kumar Gaur, AAG with
Mr. Anupam Gopal Vyas
JUSTICE DINESH MEHTA
Judgment
02/09/2021
1. By way of these writ petitions, the petitioners have prayed that directions be issued to the respondents either to postpone document verification or to grant requisite relaxation to the petitioners to complete their internship, as they have not been able to complete their internship in BAMS course.
2. The petitioners are pursuing their BAMS course from the respondent University - Dr. Sarvapalli Radhakrishnan, Rajasthan Ayurved University, Jodhpur. All of them have cleared 4 th year examination so far as academic course is concerned and only internship remains to be done, whereafter they will be awarded the degree of BAMS.
3. The petitioners have got admission in internship programme and are pursuing the same in respective centers allotted to them.
4. Learned counsel for the petitioners submitted that the examinations of 4th year, which would otherwise have been held in the month of May, 2020 were postponed to July/August, 2020 on account of spread of pandemic COVID-19, or else they would have cleared their examination. Since the examinations were held two months later, their result was also declared belatedly and, thus, petitioners could go for internship only in the first week of November, 2020.
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5. Learned counsel submitted that petitioners' internship will be completed in the first week of November, 2021, but before that the respondents have scheduled the document verification.
6. Mr. Rajpurohit argued that since the petitioners were in final year of requisite educational qualification, they filled in their application forms in the month of January, 2020, with the hope that by the time the document verification would take place, they would complete their educational qualification, including the internship.
7. It was submitted that respondent University - the recruiting agency was well aware about the fact that academic year has practically delayed by 3 months due to pandemic - COVID-19 and, thus, they ought to have taken into consideration the rights of those candidates, who could not complete their courses. He added that it was all the more necessary, when the recruiting agency is none other than the Ayurved University itself, which was responsible for completion of their course.
8. According to the petitioners in the facts of the present case, it was required of the respondent - Ayurved University to give relaxation of 2-3 months so that all eligible candidates can complete their internship or it should have granted relaxation to the final year candidates including the petitioners.
9. Learned counsel argued that the petitioners whose names have been shown in the provisional select list, are otherwise meritorious and eligible and hence, if the condition of completion of internship is directed to be relaxed, their candidature would be favourably considered by the respondents, as and when they appear for document verification.
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10. Mr. Anil Kumar Gaur, learned Additional Advocate General argued that the terms of the advertisement, particularly in relation to educational qualification are required to be adhered to and considered strictly. Merely because an indulgence was granted to the petitioners and other candidates, who were in the final year of the BAMS course, they cannot claim appointment, even when they have failed to complete their internship and obtain the degree of BAMS.
11. In support of his argument, learned Additional Advocate General relied upon a Division Bench judgment dated 24.04.2020, rendered in the case of The State of Rajasthan & Ors. Vs. Zaiba & Ors. : D.B. Special Appeal Writ No.252/2019 and argued that the cut-off date, given in the advertisement has to be a fixed date and it cannot be kept floating.
12. Heard.
13. It is not in dispute that the application form contained a specific condition that a candidate appearing in the final year of the Bachelor in Ayurved course can apply for the post, however, he has to produce proof of having completed the course including internship, at the time of document verification. Relevant condition reads thus:-
"'kS{kf.kd ;ksX;rk,a %&
1. A Bachelor Degree in Ayurveda from a University established by law in India.
2. Working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthan Culture.
uksV& vkosnd dk jktLFkku bf.M;u esfMflu cksMZ esa jftLVªs"ku gksuk vfuok;Z gS rFkk foLr`r vkosnu i=@nLrkost lR;kiu ds le; iath;u izek.k i= izLrqr djuk vko";d gSA 'kS{kf.kd vgZrk laca/kh izko/kku & mDr in dh visf{kr "kS{kf.kd vgZrk ds vafre o'kZ esa lfEefyr gqvk gks ;k lfEefyr gksus okyk O;fDr Hkh vkosnu djus ds fy, ik= gksxk] fdUrq mls jktLFkku vk;qosZn fo"ofo|ky;] tks/kiqj esa nLrkost lR;kiu ds le;(Downloaded on 03/09/2021 at 08:55:10 PM)
(11 of 13) [CW-11810/2021] "kS{kf.kd vgZrk vftZr djus dk lcwr nsuk gksxk] vU;Fkk og vik= gksxkA vH;FkhZ dks nLrkost lR;kiu ds le; bUVuZf"ki Vªsfuax Hkh iw.kZ dj ysuh vko";d gSA"
14. Admittedly, petitioners have not completed their internship so far and process of document verification is commencing from first of September, 2021. By the date of document verification, neither will their internship be over nor can they get a degree of BAMS.
15. It is a settled proposition of law that eligibility of candidates including educational qualification has to be considered as on the date of submission of application form or as has been indicated in the recruitment notification.
16. The petitioners having taken part in the recruitment process cannot challenge the condition mentioned in the advertisement and pray that the relevant condition be relaxed by 2-3 months or the document verification be deferred till they complete their internship.
17. In the opinion of this court, but for the leverage given in the advertisement permitting the final year students to take part in the recruitment process, the relevant rules of the advertisement require BAMS degree. Merely because the State has given an indulgence to the final year students, petitioners cannot claim further indulgence that either the document verification be postponed or the condition be relaxed.
18. According to this Court, unless a person completes his internship and obtain BAMS degree from the University, he/she is not eligible/entitled to be appointed as Ayurved Medical Officer.
Hence, the condition of producing proof of completing BAMS at the time of document verification is a valid condition.
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19. That apart, the recruitment notification further requires registration with Indian Medicine Board Rajasthan and a candidate is required to produce certificate of registration. Petitioners cannot have their registration unless they complete their internship and obtain a degree in BAMS.
20. Division Bench of this Court in its judgment dated 24.04.2020 (D.B. Special Appeal Writ No.252/2019 : State of Rajasthan & Ors. Vs. Zaiba & Ors.) has held as under:-
"24. Indubitably, the writ petitioners were not holding the requisite qualification as on the date of submission of the application forms online inasmuch as, at the relevant time, they were pursuing their internship and had not acquired the registration with RPMC after completion of the professional course. Merely because, they were permitted to fill up the application form, notwithstanding that they were not holding the requisite qualification as on the date of the submission of application form online, pursuant to an interim order passed by this Court, no right is created in their favour. The requirement of the eligibility qualification as on the date of the submission of the application form as specified in the advertisement, cannot be relaxed inasmuch as there is no provision in the Rules of 1965 permit such relaxation. Moreover, many more persons who were not having the qualification as on the date fixed for submission of the application form but were in position to obtain the requisite qualification subsequent thereto, might not have even applied for appointment to the post. That apart, if the writ petitioners who are not otherwise eligible to apply for the post, are permitted to participate in the selection process and stand in (Downloaded on 03/09/2021 at 08:55:10 PM) (13 of 13) [CW-11810/2021] merit, other persons who were having the requisite qualification as on the date of submission of the application form, may be deprived of the appointment. In the considered opinion of this Court, the cut-off date fixed for the eligibility qualification while initiating the recruitment process needs to the adhered to strictly so as to maintain transparency and fairness in the recruitment process undertaken for public employment."
21. In view of the discussion foregoing, this Court does not find any substance and force in these writ petitions.
22. Writ petitions therefore fail.
23. Stay petitions also stand dismissed.
(DINESH MEHTA),J 261 to 265, 267, 270, 271, 68, 69, 73, 91 & 98-Ramesh/-
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