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4. After completion of process for filling of forms and document verification, the respondent department decided to enhance/add the number of seats in the said selection process vide order dated 28.06.2024 (Annexure 4) whereby 247 posts in Ayurveda and 68 posts in Homeopathy Department were further added, as per which, the total posts for Ayurveda comes to 742 out of which 683 posts were for the Non-TSP area and 59 posts for TSP area and in Homeopathy the total number of posts comes to 356 out of which 328 posts were for the Non-TSP area and 28 posts for TSP. A copy of the revised notification of enhanced posts is annexed with the writ petition (Annexure 9). Petitioners submitted their representation to the Government raising concern to the effect that since they were not at all responsible for not getting the desired qualification before the cut-off date and the same had happened due to force majeure due to which their degrees were delayed, therefore they should be allowed for the increased posts (Annexure 11) however no response from the respondent department was received. These enhanced/added seats were only for those candidates who were eligible till 05.11.2023, which was the last date as per the advertisement [2024:RJ-JD:37111] (13 of 43) [CW-10947/2024] No. 1/2023 dated 03.10.2023 (Annexure 1). The petitioners who are eligible to participate in the examination process on the date of issuance of order of enhancement of seats i.e., 28.06.2024 (Annexure 4) have not been given opportunity, therefore, by way of filing instant writ petitions, a prayer has been sought for issuance of a direction to the respondent department to not include the increased/added vacancies in the Ayurveda and Homeopathy and to quash the order dated 28.06.2024 (Annexure 4) whereby the directions have been passed regarding increasing of seats. A prayer has been made to declare issuance of the advertisement No. 1/2023 dated 03.10.2023 (Annexure 1) and the order dated 28.06.2024 (Annexure 4) illegal, arbitrary and contrary to law. A further prayer has been made for passing necessary directions to the respondent department for issuance of fresh advertisement for the subsequently determined posts for the Compounder/Nurse Junior Grade Examination.

iii. Candidates who were not interested at the time of the initial advertisement maybe they were working somewhere else or they were not interested in the post that time but now they are desirous to participate, and such aspirants cannot be prohibited from applying for the Government post as they are also the citizens of this country and have fundamental rights and are eligible now when huge vacancy has been increased in current process.

vkS"kk/kky;@fpfdRlky;ksa dk lqpk: :i ls lapkyu fd;k tk ldsA Hkonh;k ¼es?kuk pkS/kjh½ vfrfjDr funs'kd ¼iz'kklu½ It is the kind of intimation, reference of which is made in Rule 16 regarding accrual of vacancies during selection process. The letter dated 04.03.2024 states increase of posts in circular no. 1/2023 issued for recruitment to the posts of Compounder/Nurse Junior Grade and further it is mentioned in the letter that at present 1718 posts in total are vacant including all the categories and out of which the total seats for the post of Nurse/Compounder Junior Grade post is 989 posts out of which 495 posts were already advertised in the advertisement No. [2024:RJ-JD:37111] (26 of 43) [CW-10947/2024] 01/2023 dated 03.10.2023 (Annexure 1) and 125 seats of advertisement No. 1/2021 and 2/2021 were put on hold by the Court in an another litigation and the matter is sub-judice. The posts which are still vacant were 369 and out of which only 247 were added in already advertised posts (Annexure 4).

14. A bare perusal of letter dated 04.03.2024 sent by the Additional Director to Deputy Secretary of AAYUSH Department revealing that total vacancy was of 989 seats for the post of Nurse/Compounder Junior Grade and out of which 495 posts were already advertised in the advertisement No. 1/2023 dated 03.10.2023 (Annexure 1). Other 125 posts of advertisement No. 1/2021 and 2/2021 were on hold by the order of the Court as the matter is still sub-judice and the rest 369 posts were still vacant. The letter reads further that as per Rule 16 of the Rules 1966, the vacancies not exceeding 50% of the total seats can be increased/enhanced however only 247 posts were enhanced. A [2024:RJ-JD:37111] (30 of 43) [CW-10947/2024] close scrutiny of the letter would reveal that the actual total vacancy was of 369 posts and for that further vacancy was to be advertised but a short cut method has been adopted by the respondent department by taking resort of Rule 16 of the Rules of 1966 by arbitrarily and unreasonably exercising the discretion given under the Rule. Had it been the case that the total accrued vacancy intimated after issuance of the advertisement was below 50% of already advertised post then there was no bar rather the authority may be well within their power to add on all subsequently intimated posts to the already advertised posts but here the situation is different. Here in this case subsequent to the advertisement No. 1/2023 dated 03.10.2023 (Annexure 1), the department intimated for the accrued posts of 369 which was out of the ambit/scope of Rule 16 of the Rules 1966 being more than 50%. The rule does not prescribe splitting/dividing the newly accrued/subsequently intimated posts just to make a short cut so that some of the posts can be added subsequently in the already issued advertisement. If the situation would have arisen within a month or two before the last date of filing of submission of application forms, then the situation would have been different but after almost 8 months when several like the petitioners have entered under the eligibility criteria then exercise of the discretion by authority would be like debarring/depriving them to participate in the ongoing selection process. This Court is of the firm view that Rule 16 of the Rules of 1966 enables the authorities to add on all additional requirement if the same is [2024:RJ-JD:37111] (31 of 43) [CW-10947/2024] below 50% of the originally advertised posts. The rule does not intend to give discretion to the authorities to split/divide the entire vacancy into two parts as per their suiting by taking the help of Rule 16 of the Rules of 1966. The interpretation of statute/rules should be done from the words as it is existing in the rule and should be read as it is written and any kind of alteration/modification/addition by distortion cannot be allowed to the authorities. If the rule framers had an intent to split the subsequently accrued vacancies, then the same could have been mentioned in the rule itself in clear terms. In absence of any express and specific legal provision regarding splitting of vacancies, the issuance of order dated 28.06.2024 (Annexure 4) cannot be approved. Here if the total intimated vacancies were of 247 or less and have been advertised as an additional vacancy in an advertisement then it would have been as per the spirit of the Rule. The authorities cannot be permitted to divide the additional requirement by undue exercise of discretion which is not expressly provided in the Rules.