Rajasthan High Court
Avinash Joshi S/O Sh. Radha Gopal ... vs State Of Rajasthan on 18 April, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4537/2022
1. Avinash Joshi S/o Sh. Radha Gopal Sharma, Aged About
26 Years, R/o Plot No. 31, Narsingh Colony, Gangapur
City, Sawai Madhopur, Rajasthan.
2. Santosh Kumar Sharma S/o Shri Suresh Sharma, Aged
About 38 Years, R/o. Shiv Mandir Ke Pass, Vardhman
Nagar, Hindaun City, Karauli, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Director, Directorate
Department Of Ayurveda, Ashok Marg, Mali Mohalla,
Ajmer - 305 001.
2. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Through Its Registrar (Administrative
Department), Karvar, Nagaur Road, Jodhpur, Rajasthan -
342037.
----Respondents
For Petitioner(s) : Mr. Rohit Tiwari & Mr. Shobit Tiwari.
For Respondent(s) : Mr. C.L. Saini, AAG.
Mr. Vishesh Sharma, through VC.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
18/04/2022
Counsel for the petitioners submits that the issue involved in
this writ petition has already been considered and decided by this
Court in the matter of 'Dr. Reena Gahlot Vs. State of
Rajasthan & Ors.' (S.B. Civil Writ Petition No.11861/2021),
where in on 15.03.2022, the following order was passed:-
Application for early listing is allowed.
Counsel for the petitioner submits that the
issue involved in this writ petition has
already been considered and decided by a
Co-ordinate Bench of this Court in the
(2 of 4) [CW-4537/2022]
matter of Sunita Vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition
No.14524/2021), where in on 21.12.2021,
the following order was passed:-
"This writ petition has been filed seeking a
direction for the respondents to call her
for document verification and to accord
her appointment on the post of
Compounder/Nurse Junior Grade after she
is found eligible and suitable.
The facts in brief are that the petitioner, a
member of Scheduled Castes (SC)
category, migrated to the State of
Rajasthan after her marriage. Vide
advertisement dated 17.06.2021, the
respondents invited applications for
appointment on the post of
Compounder/Nurse Junior Grade. The
petitioner applied for appointment on the
post of Nurse Junior Grade under SC
category. The petitioner secured 47.782%
marks whereas, as per provisional merit
list of SC candidates, a person securing
35.36% marks was included therein; but,
her name was not included in the list of
selected candidates. Hence, the writ
petition has been filed with aforesaid
prayers. Learned counsel for the petitioner
contended that as disclosed in the reply by
the respondents, her candidature under
SC category has not been considered as
she has migrated to the State of
Rajasthan after marriage. Relying on
Clause 3(viii) of the advertisement dated
17.06.2021, learned counsel submitted
that she is liable to be considered under
open category on account of her merit
position. She submitted that their
Lordships have in case of Gaurav
Pradhan & Ors. Vs. State of Rajasthan
& Ors. and other connected matters,
(2018) 11 SCC 352, held that a reserved
category candidate who has not availed
any of the special concession such as in
age limit, marks, physical fitness etc. in
the recruitment process except the
concession of fee, may be considered for
appointment in the open category. She
submits that indisputably, she has not
availed any such concession and hence,
respondents may be directed to consider
her case under open category.
Shr C.L. Saini, learned AAG did not
dispute the aforesaid factual as well as
legal position.
(3 of 4) [CW-4537/2022]
Heard the learned counsels for the parties
and perused the record.
Though, the petitioner has applied under
reserved category but, except the
relaxation in fee, she has not availed any
special concession. Clause 3(viii) of the
advertisement dated 17.06.2021 provides
as under:
"3.(viii) jktLFkku ds vU; fiNM+k oxZ ,oa vfr
fiNM+k oxZ Øhehys;j Js.kh ds vH;FkhZ rFkk
jktLFkku jkT; ls fHkUu jkT;ksa dh vuqlwfpr
tkfr] vuqlwfpr tutkfr] vU; fiNM+k oxZ] vfr
fiNM+k oxZ ¼Øhehys;j ,oa ukWu Øhehys;j½
vH;FkhZ lkekU; oxZ ds ekus tkosxsaA"
In case of Gaurav Pradhan & Ors. (Surpa),
the Hon'ble Apex Court, relying on the
Circular dated 26.07.2017 issued by the
State Government, held that a candidate
under reserved category can be migrated
to open category who has not availed any
of the special concessions such as in the
age limit, marks, physical fitness etc.
except the concession of fees.
In view of the undisputed facts that the
petitioner has availed relaxation of fee
only, in the back drop of condition
no.3(viii), Circular of the State
Government dated 26.07.2017 and the
judgment of the Hon'ble Apex Court in
case of Gaurav Pradhan & Ors. (supra),
this Court deems it just and proper to
allow the writ petition with the direction to
the respondents to treat the petitioner as
open category candidate and extend her
appointment after document verification
as per her merit position if she is found
eligible in all respects."
Mr. C.L. Saini, learned Additional
Advocate General has not disputed the
submissions made by the counsel for the
petitioner.
In that view of the matter, the
present writ petition is disposed of in view
of the judgment passed by a Co-ordinate
Bench of this Court in matter of Sunita
(supra).
All the pending applications stand
disposed of."
Mr. C.L. Saini, learned Additional Advocate General has not
disputed the submissions made by the counsel for the petitioners.
(4 of 4) [CW-4537/2022]
In that view of the matter, the present writ petition is
disposed of in view of the judgment passed by this Court in matter
of Dr. Reena Gahlot (supra). The respondents are directed to
reconsider the case of the petitioners as per their merit in General
Category.
(INDERJEET SINGH),J
MG/98
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