Rajasthan High Court - Jodhpur
Daya Ram Chopra vs The State Of Rajasthan on 25 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9409/2021
1. Daya Ram Chopra S/o Shri Baijnath Chopra, Aged About
31 Years, Resident Of Village/post Jhirana, Tehsil Peeplu,
District Tonk, Presently Posted On The Post Of
Pharmacist/ Ayush Compounder Under The Dr. Sarvepali
Radhakrishnan Rajasthan Ayurved University, Jodhpur
(Raj.), Mobile Number- 8432674374.
2. Sunil Kumar Sharma S/o Shri Kailash Chand Sharma,
Aged About 33 Years, Resident Of Village/post
Mehnadwas, Tehsil And District Tonk, Presently Posted On
The Post Of Pharmacist/ Ayush Compounder Under The
Dr. Sarvepali Radhakrishnan Rajasthan Ayurved
University, Jodhpur (Raj.), Mobile Number- 9610639930.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Ayurved
And Indian Medicine Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
3. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved
University, Karwar, Nagaur Road, Jodhpur (Raj.) Through
Its Registrar.
4. The Principal, University College Of Unani, Yusufpura
Charai, Tonk (Raj.).
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
For Respondent(s) : Mr. Anupam Gopal Vyas for Mr. Anil
Kumar Gaur, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel relying on the judgment in Dr. (Major) Meeta
Sahai vs. State of Bihar & Ors. : (2019) 20 SCC 17 made submissions
that the respondents are not justified in denying the benefit of
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(2 of 2) [CW-9409/2021]
bonus marks despite the petitioners having requisite working
experience from University College of Unani, Dr. S.R. Rajasthan
Ayurved University, Jodhpur under the Dr. Sarvepalli
Radhakrishnan Rajasthan Ayurved University, Jodhpur.
Submissions have been made that amended provision of
Rule 19 of the Rajasthan Ayurvedic, Unani, Homoeopathy and
Naturopathy Subordinate Service Rules, 1966 are required to be
read in the manner that the candidates like the petitioners should
also be entitled for the award of bonus marks.
In view of the submissions made, issue notice. Issue notice
of the stay application also. Notices are made returnable within
four weeks. Notices when issued be given 'dasti' to learned
counsel for the petitioners.
In the meanwhile, the respondents are directed to consider
the candidature of the petitioners provisionally for appointment to
the post of Compounder/Nurse Junior grade taking into
consideration their experience under University College of Unani
under respondent University However, in case the petitioners
appear in the merit list/select list, they shall not be offered
appointment without prior permission of this Court.
(DR.PUSHPENDRA SINGH BHATI),J.
235-Sudheer/-
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