Rajasthan High Court - Jodhpur
Nikhilesh Katara vs State Of Rajasthan on 24 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4255/2024
1. Nikhilesh Katara S/o Shri Chhagan Lal Katara, Aged
About 29 Years, Village Bhurise, Post Sangariya, Tehsil
Gangartalai, District Banswara (Raj.).
2. Rekha Kumari Maida D/o Shri Lal Shankar Maida, Aged
About 31 Years, Village Bijor, Post Padoligordhan, Tehsil
Ghatol, District Banswara (Raj.).
3. Rajmal Katara S/o Shri Kamji Katara, Aged About 29
Years, Village Bijor, Post Padoligordhan, Tehsil Ghatol,
District Banswara (Raj.).
4. Rajendra Ninama S/o Shri Vitthal Das Ninama, Aged
About 37 Years, Shyannpura Sharda Colony, Banswara
(Raj.).
5. Bhupendra Pargi S/o Shri Gulab Singh Pargi, Aged About
29 Years, Village And Post Bhatar, Tehsil Arthuna, District
Banswara (Raj.).
6. Parmeshwar Kalasua S/o Shri Prabhulal, Aged About 24
Years, Ward No. 1, Village Vijor, Post Padoli Gordhan,
Tehsil Ghatal, District Banswara (Raj.).
7. Mukesh Ahari S/o Shri Nakuram Ahari, Aged About 24
Years, Village Bijor, Post Padoligordhan, Tehsil Ghatol,
District Banswara (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Joint Secretary, Ayurved,
Yoga And Naturopathy Medicine, Unani, Siddha And
Homeopathy (Ayush) Department, Secretariat, Jaipur.
2. The Registrar, Dr. Sarvopalli Radha Krishnan, Rajasthan
Ayurved University, Jodhpur, Administrative Division,
Nagaur Road, Karvad, Jodhpur.
3. The Director, Department Of Ayurved, Ajmer Rajasthan.
4. The Director, Department Of Homeopathy, Jaipur,
Rajasthan.
5. The Director, Department Of Unani, Jaipur, Rajasthan.
6. Shir Vikaram Singh Maida S/o Shri Sambu Lal Maida,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
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Department, Secretariat, Jaipur.
7. Shri Kanti Lal Masar S/o Shri Kanji Masar, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
8. Shri Dilip Charpota S/o Shri Chhagan Charpota, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
9. Shri Suresh Chandra Dayma S/o Shri Devilal Dayma,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
10. Shri Dinesh Kumar Amaliya S/o Shri Gatulal Amaliya,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
11. Smt. Reena Kumari Damor D/o Shri Nagendra Kumar
Damor, Through Joint Secretary, Ayurved, Yoga And
Naturopathy Medicine, Unani, Siddha And Homeopathy
(Ayush) Department, Secretariat, Jaipur.
12. Smt. Vimala Charpota D/o Srhi Kachru Lal Charpota,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
13. Shri Ajeet Meghwal S/o Shri Heeralal Meghwal, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
14. Smt. Sunita Kaswan D/o Shri Jaiprakash Kaswan,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
15. Smt. Suman Kumari D/o Shri Kailash Chandra, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
----Respondents
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Connected With
S.B. Civil Writ Petition No. 4489/2024
1. Rajmal Katara S/o Shri Kamji Katara, Aged About 29
Years, R/o Village Bijor, Post Padoligordhan, Tehsil
Ghatol, District Banswara (Raj.).
2. Rajendra Ninama S/o Shri Vitthal Das Ninama, Aged
About 37 Years, R/o Shyannpura Sharda Colony,
Banswara (Raj.).
3. Nikhilesh Katara, S/o Shri Chhagan Lal Katara, Age About
Years, R/o Village Bhuriser, Post Sangariya, Tehsil
Gangartalai, District Banswara (Raj.).
4. Rekha Kumari Maida D/o Lal Shankar Maida, Aged About
31 Years, R/o Village Bijor, Post Padoligordhan, Tehsil
Ghatol, District Banswara (Raj.).
5. Mukesh Ahari S/o Shri Nakuram Ahari, Aged About 24
Years, R/o Village Bijor, Post Padoligordhan, Tehsil
Ghatol, District Banswara (Raj.).
6. Ashish Katara S/o Shri Chhagan Lal Katara, Aged About
25 Years, R/o Village Bhuriser, Post Sangariya, Tehsil
Gangartalai, District Banswara (Raj.).
7. Bhupendra Pargi S/o Shri Gulab Singh Pargi, Aged About
29 Years, R/o Village And Post Bhatar, Tehsil Arthuna,
District Banswara (Raj.).
8. Parmeshwar Kolasua S/o Shri Prabhulal, Aged About 24
Years, R/o Village Ward No. 1, Village Bijor, Post Padoli
Gordhan, Tehsil Ghatol, District Banswara (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Joint Secretary, Ayurved,
Yoga And Naturopathy Medicine, Unani, Siddha And
Homeopathy (Ayush) Department, Secretariat, Jaipur.
2. The Registrar, Dr. Sarvopalli Radha Krishanan, Rajasthan
Ayurved University, Jodhpur, Administrative Division,
Nagaur Road, Karvad, Jodhpur.
3. The Director, Department Of Ayurved, Ajmer Rajasthan.
4. The Director, Department Of Homeopathy, Jaipur
Rajasthan.
5. The Director, Department Of Unani, Jaipur Rajasthan.
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6. Shri Moinuddeen S/o Ajimuddeen, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
7. Shri Dinesh Kumar Amaliya S/o Gatulal Amaliya, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
8. Shri Piyush Pani Sharma S/o Shri Ramavtar Sharma,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
9. Smt. Sunita Khatana D/o Shri Nihal Singh Khatana,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
10. Smt. Anita D/o Shri Ramkishan, Through Joint Secretary,
Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha
And Homeopathy (Ayush) Department, Secretariat,
Jaipur.
11. Smt. Anita Kumari D/o Shri Banwari Lal, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
12. Smt. Renu Senver D/o Shri Kanwara Ram Senver,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
13. Shri Devdutt S/o Shri Ramjilal, Through Joint Secretary,
Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha
And Homeopathy (Ayush) Department, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ Petition No. 4505/2024
Koyal Kumari Charpota D/o Shri Kanti Lal Charpota, Aged About
25 Years, Village And Post Nai Patan, Tehsil Bagidora, District
Banswara (Raj.).
----Petitioner
Versus
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1. State Of Rajasthan, Through Joint Secretary, Ayurved,
Yoga And Naturopathy Medicine, Unani, Siddha And
Homeopathy (Ayush) Department, Secretariat, Jaipur.
2. The Registrar, Dr. Sarvopalli Radha Krishanan, Rajasthan
Ayurved University, Jodhpur, Administrative Division,
Nagaur Road, Karvad, Jodhpur.
3. The Director, Department Of Ayurved, Ajmer, Rajasthan.
4. The Director, Department Of Homeopathy, Jaipur,
Rajasthan.
5. The Director, Department Of Unani, Jaipur Rajasthan.
6. Shri Moinuddeen S/o Ajimuddeen, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
7. Shri Dinesh Kumar Amaliya S/o Gatulal Amaliya, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
8. Shri Ajay Veer Helak S/o Shri Ram Babu Singh, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur. (Merit No. 1656 Non-
Tsp).
----Respondents
S.B. Civil Writ Petition No. 4858/2024
1. Sumitra Kumari D/o Shri Ram Lal, Aged About 39 Years,
R/o Village And Post Naharpura, Tehsil Anandpuri, District
Banswara (Raj.).
2. Sumitra D/o Shri Fata, Aged About 36 Years, R/o Mukam
Moti Timbi Ambepura, Post Moti Timbi, Tehsil Gangartalai,
District Banswara (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Joint Secretary, Ayurved,
Yoga And Naturopathy Medicine, Unani, Siddha And
Homeopathy (Ayush) Department, Secretariat, Jaipur.
2. The Registrar, Dr. Sarvopali Radha Krishanan, Rajasthan
Ayurved University, Jodhpur, Administrative Division,
Nagaur Road, Karvad, Jodhpur.
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3. The Director, Department Of Ayurved, Ajmer Rajasthan.
4. The Director, Department Of Homeopathy, Jaipur,
Rajasthan.
5. The Director, Department Of Unani, Jaipur, Rajasthan.
6. Shri Vikram Singh Maida S/o Shri Sambu Lal Maida,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
7. Shri Kanti Lal Masar S/o Shri Kanji Masar, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
8. Shri Dilip Charpota S/o Shri Chhagan Charpota, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
9. Shri Suresh Chandra Dayma S/o Shri Devilal Dayma,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
10. Shri Dinesh Kumar Amaliya S/o Shri Gotulal Amaliya,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
11. Smt. Reena Kumari Damor D/o Shri Nagendra Kumar
Damor, Through Joint Secretary, Ayurved, Yoga And
Naturopathy Medicine, Unani, Siddha And Homeopathy
(Ayush) Department, Secretariat, Jaipur.
12. Smt. Taruna Nanoma D/o Shri Manohar Lal Nanoma,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
13. Smt. Bindiya Bhatt D/o Shri Mukesh Chandra Bhatt,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
----Respondents
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S.B. Civil Writ Petition No. 4869/2024
1. Sumitra D/o Shri Fata, Aged About 36 Years, R/o Mukam-
Moti Timbi Ambepura, Post Moti Timbi, Tehsil Gangartalai,
District Banswara (Raj.).
2. Sumitra Kumari D/o Shri Ram Lal, Aged About 39 Years,
R/o Village And Post Naharpura, Tehsil Anandpuri, District
Banswara (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Joint Secretary, Ayurved,
Yoga And Naturopathy Medicine, Unani, Siddha And
Homeopathy (Ayush) Department, Secretariat, Jaipur.
2. The Registrar, Dr. Sarvopalli Radha Krishanan, Rajasthan
Ayurved University, Jodhpur, Administrative Division,
Nagaur Road, Karvad, Jodhpur.
3. The Director, Department Of Ayurved, Ajmer Rajasthan.
4. The Director, Department Of Homeopathy, Jaipur
Rajasthan.
5. The Director, Department Of Unani, Jaipur Rajasthan.
6. Shri Moinudeen S/o Ajimudeen, Through Joint Secretary,
Ayurved, Yoga And Naturopathy Medicine, Unani, Siddha
And Homeopathy (Ayush) Department, Secretariat,
Jaipur.
7. Shri Dinesh Kumar Amaliya S/o Gatulal Amaliya, Through
Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
8. Ramesh Chandra Ninama S/o Shri Bhima Ninama,
Through Joint Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur.
9. Priyanka Kuldeep D/o Shri Madan Lal, Through Joint
Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
----Respondents
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For Petitioner(s) : Mr. P.R. Mehta
Ms. Taniya Tuli Raman Ekta
Mr. Jubin Mehta
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Mr. Sher Singh Rajpurohit, Asstt. to AAG
Ms. Anita Rajpurohit, Asstt. to AAG
Mr. Suneil Purohit
HON'BLE MR. JUSTICE FARJAND ALI
Order ORDER RESERVED ON : 20/09/2024 ORDER PRONOUNCED ON : 24/09/2024
1. These writ petitions have been preferred by the petitioners with the following prayers :-
a) That the provisional select list (Annexure-6) issued by the respondents concerned for TSP area may be quashed and set aside as being arbitrary and suffering from malafide.
b) That respondents concerned may be directed to issue a fresh select list with the names of the petitioners incorporated at the relevant serial numbers and they may be offered appointment on the post of nurse junior grade according to their merit.
c) That it may be declared that the bonus marks given to the Yoga Instructors may be declared contrary to the provision of Rule 19 of the Rajasthan Ayurveda Service Rules, 1966 and selection in this recruitment made by providing bonus marks for the experience of Yoga (Downloaded on 27/09/2024 at 10:21:27 PM) [2024:RJ-JD:39543] (9 of 10) [CW-4255/2024] instructors may be declared bad and illegal and liable to be quashed and set aside.
d) That if during pendency of the writ petition the final select list after verification of the documents is issued providing the bonus marks to be selected candidates then the same may quashed and set aside and the appointments made in pursuance of the final select list on such basis may be quashed and set aside.
e) Any other order or direction which may deemed just and proper kindly is passed in favour of the petitioners.
2. Since in a batch of petitions connected with a writ petition being S.B. Civil Writ Petition No.17062/2023, the issue has been dealt elaborately and decided by this Court on 24.09.2024 which covers the pleading raised and relief claimed in the instant writ petition, therefore, no further order is required to be passed.
3. For convenience, the operative part of the order dated 24.09.2024 passed in S.B. Civil Writ Petition No. 17062/2023 is being reproduced as under: -
"17. In view of the discussion made herein above, the writ petitions are disposed off in the following terms: -
A. The petitioners are entitled to get the experience certificate of the work they performed during the relevant period but for the experience on the post of Yoga Instructors only. They shall be able to use the same as and when it is required for that purpose. Since, the experience certificate has been (Downloaded on 27/09/2024 at 10:21:27 PM) [2024:RJ-JD:39543] (10 of 10) [CW-4255/2024] issued by the department under the direction of this Court, therefore no further order is to be passed in this regard. If the experience certificate to any of the candidates hasn't been issued yet despite the order of this Court, then it shall be issued to those candidates immediately. The interim order dated 01.11.2023 is made absolute hereby.
B. The petitioners are not entitled to get the benefit of bonus marks in accordance with the order dated 25.04.2023 issued by the department of Medical and Health as the same is not applicable to the case of the petitioners.
C. The nature and kind of the work of Yoga Instructors is different to the work of Ayurveda Nurse/Compounder and therefore the petitioners are not entitled to raise the claim of their work experience as Yoga Instructors akin to the post of Ayurveda Nurse/Compounder.
D. If the State Government specifies any bonus marks as provided under Rule 19 of the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966, then the bonus marks shall be awarded to the candidates as per the applicability of the order and the work discharged by the candidates."
4. In this view of the matter, the present writ petitions as well as stay petitions are also disposed off in the light of the judgment passed in the cases referred supra.
5. No order as to cost.
(FARJAND ALI),J Mamta/-
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