Rajasthan High Court
Ajay Kumar Khande S/O Shri Ramesh ... vs The State Of Rajasthan on 7 December, 2021
Bench: Akil Kureshi, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 886/2021
1. Ajay Kumar Khande S/o Shri Ramesh Kumar, Aged About
26 Years, R/o Vpo Doongri Kalan, Via Kishangarh Renwal,
Tehsil Phulera, District Jaipur (Raj.)
2. Shweta Chandra D/o Shri Khemchand Chandra, Aged
About 24 Years, R/o Ramnagar Colony, Bandikui, District
Dausa (Raj.)
3. Radha Bamniya D/o Shri Punj Raj Bamniya, Aged About
25 Years, R/o Heera Ki Dhani, Bayatu, District Barmer
(Raj.)
4. Vinod Kumari Yadav D/o Shri Kishan Lal Yadav, Aged
About 26 Years, R/o Village Amarpura, Tehsil Choumu,
District Jaipur (Raj.)
5. Ritu Pohiya D/o Shri Shiv Dayal, Aged About 24 Years,
R/o Jodhela, Maharawar Kumher, District Bharatpur (Raj.)
All Are Selected On The Post Of Ayurved Medical Officer
(A.m.o.) Under The Category Of St/sc And Obc.
----Appellants
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Ayurveda And Indian Medical, Secretariat,
Jaipur.
2. The Deputy Secretary, Department Of Ayurveda And
Indian Medical, Secretariat, Jaipur.
3. The Director, Department Of Ayurveda, Ajmer.
4. Dr. Sarvapalli Radhakrishanan Rajasthan Ayurved
University, Nagaur Road, Jodhpur Through Its Registrar.
5. The Board Of Indian Medicine, Rajasthan Bajaj Nagar,
Jaipur Through Its Registrar.
6. Ratna Ram S/o Shri Gunesha Ram, Aged About 26 Years,
R/o Village Gajsingh Ka Gaon, Post Jhunjhinyali, Tehsil
Fatehgarh, District Jaisalmer (Raj.).
7. Nisha Dabi D/o Shri Pappu Kumar Dabi, Aged About 26
Years, R/o 116, Mahaveer Nagar, Competition Colony,
Kota City, Kota Tehsil Ladpura, District Kota (Raj.)
8. Manisha Meena D/o Moolchand Meena, Aged About 26
(Downloaded on 10/12/2021 at 09:33:05 PM)
(2 of 4) [SAW-886/2021]
Years, R/o Vpo Thikariya, Via Bavadi, Tehsil Khandela,
District Sikar (Raj.)
----Respondents
For Appellant(s) : Mr. Hanuman Choudhary
For Respondent(s) : Mr. C.L. Saini, AAG with Ms. Srijana
Shresth
Dr. Y.C. Sharma with Mr. Vishesh
Sharma
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment
07/12/2021
This appeal arises out of the judgment of the learned Single
Judge dated 10/09/2021 passed in S.B. Civil Writ Petition
No.9473/2021. The petitioners had applied for the post of Ayurved
Medical Officer which was notified by the State Government under
an advertisement dated 22/12/2020. The eligibility criteria was
B.A.M.S. degree holder. The advertisement provided that a person
pursuing the course may also apply and would be treated as
eligible as long as he or she can produce the eligibility certificate
on the date of document verification. The petitioners completed
B.A.M.S. course in October, 2020 after which petitioners would
have to undergo internship of one year duration only upon which
the petitioners can stated to have acquired the eligibility. The
documents were verified between 01/09/2021 to 08/09/2021. The
petitioners completed the internship in November, 2021 therefore
were not held eligible. They approached the High Court and the
learned Single Judge dismissed the petition relying on a decision
of division bench of this court in the case of State of Rajasthan
and others Vs. Zaiba and others dated 24/04/2020 passed in
(3 of 4) [SAW-886/2021]
DBSAW No.252/2019. Thereupon the petitioners have filed this
appeal.
The main ground raised by the learned counsel for the
appellants-original petitioners is that it was on account of
extraordinary situation created by spread of Coronavirus that the
petitioners could not complete the internship earlier. Due to this,
they could complete the eligibility conditions a couple of months
beyond the cut off date prescribed in the advertisement. Such
period should be condoned and the petitioners should be held
eligible for the post in question.
On the other hand, learned counsel for the respondents
pointed out that the entire selection process is over and the
appointments have been issued. The internship was of the
duration of one year. The petitioners were granted certificates of
B.A.M.S. passed only in October, 2020. They therefore could not
have satisfied the eligibility criteria for a period of one year.
The record would thus suggest that the petitioners had
cleared the B.A.M.S. only in October, 2020. The internship being of
the duration of one year, they could not complete such internship
and thereby acquired the full eligibility only in November, 2021.
They completed internship in November, 2021. Between
01/09/2021 to 08/09/2021 the recruiting agency verified the
documents when admittedly the petitioners had not completed the
internship and, therefore, were not awarded the degree of
B.A.M.S. We do not see this is a case where the internship was
extended or delayed on account of Covid situation. Soon after the
parent institute issued the certificate of B.A.M.S. pass in favour of
the petitioners; they enrolled themselves for internship and
completed the internship within one year without any hiccup or
(4 of 4) [SAW-886/2021]
delays. The petitioners therefore cannot take shelter of Covid
situation for seeking extension of the last date for acquiring
eligibility.
The learned Single Judge committed no error.
The appeal is dismissed.
(UMA SHANKER VYAS),J (AKIL KURESHI),CJ
Anil Goyal/B.M. Gandhi-14
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