Ankita Couhan @ Dabi D/O Shri ... vs State Of Rajasthan
2023 Latest Caselaw 3367 Raj/2

[2023:RJ-JP:17546-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 D.B. Special Appeal Writ No. 649/2023

Kalpana Chhaniwal D/o Ashok Kumar Chhaniwal, Aged About 25
Years, R/o Plot No.33, Nbc Colony, Behind Daulat Guest House,
Tonk Rajasthan
                                                                          ----Appellant
                                        Versus
1.       State    Of     Rajasthan,          Through          Principal     Secretary,
         Department         Of     Ayush,       Government          Of      Rajasthan,
         Government Secretariat Jaipur Rajasthan
2.       The Director, Directorate Of Ayurved, Ajmer
3.       Dr.     Sarvapalli        Radhakrishnan              Rajasthan       Ayurved
         University, Through Its Registrar Kadwad, Nagaur Road
         District Jodhpur
                                                                    ----Respondents

D.B. Special Appeal Writ No. 650/2023

1. Aarti Meena D/o Shri R.d. Meena, Aged About 23 Years, R/o T-2/3, Frq Complex, Sajjan Nagar, Girwa Udaipur

2. Shubham Gangwal S/o Shri Hajarilal Gangwal, Aged About 28 Years, R/o Outside Char Darwaja, Mandi Khatikan, Pahadiya Chowk, Jaipur

3. Anju Meena W/o Shri Mukesh Kumar Meena, Aged About 32 Years, R/o B-10,j.p. Colony, Tonk Phatak, Lal Kothi, Gandhi Nagar Jaipur

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan.

2. Director, Directorate Of Unani Chikitsa, Ayush Bhawan, Sector-26, Pratap Nagar, Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

[2023:RJ-JP:17546-DB] (2 of 14) [SAW-649/2023]

----Respondents

D.B. Special Appeal Writ No. 651/2023

Pragya Tripathi D/o Shri Gopal Sharma, Aged About 24 Years, R/o Surya Mandir, Nainagri Mohalla, Malpura, Tonk Rajasthan

----Appellant Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 652/2023

1. Aslam Khan S/o Abdul Hamid, Aged About 25 Years, R/o Dhaniya Near Masjid, Nh No.15, Hindalgoal, Jor, Jodhpur

2. Yaru Khan S/o Dost Mohammad, Aged About 27 Years, R/o Gaiya Ki Dhani, Moriya Munhjsar, Jodhdpur

3. Zakia Nazneen D/o Mohammad Syeed, Aged About 23 Years, R/o 706, Shivaji Nagar, Near Bilal Masjid, Shastri Nagar, Jaipur

4. Bhauddin S/o Abdul Wahid, Aged About 27 Years, R/o Iqbalpuram, Makrana, Nagaur

5. Shahdab Ali S/o Shri Shahjad Ali, Aged About 26 Years, R/o 11B, Gali No.2, Dargaha Colony, Outside Chardarwaja, Jaipur

6. Nazo Khan D/o Rafiqu Khan, Aged About 23 Years, R/o 12, Subhash Colony, Shastri Nagar, Jaipur

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan,

[2023:RJ-JP:17546-DB] (3 of 14) [SAW-649/2023]

Government Secretariat Jaipur Rajasthan.

2. Director, Directorate Of Unani Chikitsa, Ayush Bhawan, Sector-26, Pratap Nagar, Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 654/2023

1. Ankita Couhan @ Dabi D/o Shri Kishore Kumar Dabi, Aged About 26 Years, R/o House No.36, Mahalaxmi Girls School, Uit Pratap Nagar, Vtc Jodhpur, Po Jodhpur, District Jodhpur

2. Abhilasha Deegwal D/o Ramgopal Deegwal, Aged About 25 Years, R/o 10, Ambedkar Colony, Mandawara, Jhunjhunu

3. Bhavesh Dendor S/o Babulal Dendor, Aged About 25 Years, R/o Ward No.4, Aakashani Colony, Navadera, Dungarpur

4. Bhoomika Naval D/o Shri Rajendra Naval, Aged About 25 Years, R/o 44, Parihar Nagar Bhadwasia Jodhpur

5. Pramil Bagoria S/o Ashok Kumar Bagoria, Aged About 24 Years, R/o 188-A, Vaidhji Ka Chauraha, Murlipura, Jaipur

6. Rachna Meena D/o Shri Rajesh Kumar, Aged About 26 Years, R/o Meena Mohalla, Beri Tehsil Surajgarh District Jhunjhunu

7. Kavita Meena D/o Shri Ramjilal Meena, Aged About 25 Years, R/o Sarsop, Sawaimadhopur

8. Shivani Mehar D/o Shri D.r. Meena, Aged About 24 Years, R/o 63, Arwali Hills Colony, Near Railway Basti, Jagatpura, Jaipur

9. Bhawna Ninama D/o Shri Dhirajmal Ninama, Aged About 24 Years, R/o Mukam Post Padoli Gordhan, Tehsil Ghatol District Banswara

10. Pooja Jain D/o Shri Ashok Kumar Jain, Aged About 24 Years, R/o Para Ajmer Gopal Rajasthan

[2023:RJ-JP:17546-DB] (4 of 14) [SAW-649/2023]

11. Neha Janu D/o Narendra Janu, R/o Kisai, Jhunjhunu

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 655/2023

1. Pallavi Mandawat D/o Shri Ramakant, Aged About 25 Years, R/o B-20, Parshawanthpuram, Kunhari, Kota.

2. Pallavi Sharma D/o Shri Siyaram Sharma, Aged About 25 Years, Resident Of Ghantaghar Road, Dholpur

3. Janvi Jain Daughter Of Shri Mahaveer Jain, Aged About 23 Years, R/o Village Kunwan, Tehsil Chikhali, District Dungarpur

4. Himakshi Purohit D/o Shri Ravindra Kumar Purohit, Aged About 23 Years, R/o Vpoparadi Badi, Tehsil Sagwarda, District Dungarpur.

5. Purvi Jain D/o Shri Gehari Lal Jain, Aged About 24 Years, R/o Village And Tehsil Chakhali, Ditrict Dungapur

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. Deputy Secrfetsry, Ayush Dept., Government Secretariat, Jaipur

3. Director, Ayurved Dept., Government Of Rajasthan, Ajmer

4. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar At Nagaur District

[2023:RJ-JP:17546-DB] (5 of 14) [SAW-649/2023]

Jodhpur

----Respondents

D.B. Special Appeal Writ No. 656/2023

Vinod Kumar Meena S/o Shri Madan Lal Meena, Aged About 34 Years, R/o Village Chitava,tehsil Keshoraipatn, District Bundi.

----Appellant Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents D.B. Special Appeal Writ No. 657/2023

Shivangi Sharma D/o Shri Deendayal Sharma, Aged About 25 Years, R/o 1/88, Housing Board. Jawahar Nagar, Bharatpur (321001).

----Appellant Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. Deputy Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

[2023:RJ-JP:17546-DB] (6 of 14) [SAW-649/2023]

D.B. Special Appeal Writ No. 658/2023

1. Divya Bairwa D/o Shri Ramkishore Bairwa, Aged About 25 Years, R/o 16A Maruti Colony, Sheopur Road, Pratap Nagar, Jaipur

2. Kiran Chandolia D/o Shri Maliram Chandolia, Aged About 24 Years, R/o 83-2, Shiv Nagar 5 Macheda Harmada, Jaipur

3. Deeksha Mudgal D/o Shri Ramkishan Sharma, Aged About 25 Years, R/o Bhikhawas, Alwar

4. Ekta Gupta D/o Shri Hariom Gupta, Aged About 26 Years, R/o Ward No.20, Near Sitaram Mandir, Anand Nagar Colony, Khairthal, Alwar

5. Twinkle Ahari D/o Shri Pritam Ahari, Aged About 25 Years, R/o Church Road, Near Dak Bangla, Kherwara Udaipur

6. Mayank Raot S/o Mr. Devilal Roat, Aged About 26 Years, R/o Ner Govt. School, Sector-4 (Eklavya Nagar) Gokulpura, Dungarpur

7. Mohit Singh S/o Shri Bhagweant Singh, Aged About 28 Years, R/o 14-B, Surya Nagar Tarron Ki Koot, Tonk Road, Jaipuer

8. Neetu Kheenchi D/o Rajendra Kumar Kheenchi, Aged About 29 Years, R/o Opposite State Bank, Tehsil Amer, Chonp, Jaipur

9. Nidhi Sahrma D/o Shri Rajesh Kumar Sharma, Aged About 24 Years, R/o Village And Post Roopaspur, Tehsil Badi, District Dholpur

10. Kirti Garasia D/o Shri Dikpal Garasia, Aged About 25 Years, R/o Mata Fala, Ummed Garhi, Banswara

11. Payal Kumari Tabiyar D/o Shri Kantilal Ji Tabiyar, Aged About 25 Years, R/o Dhanota, Post Sundrav Tehsil Anandpura District Banswara

12. Shivani Nayak D/o Shri Kanhaiyalal Nayak, Aged About 26 Years, R/o Adiwali, Kherwada District Udaipur

13. Anuja Garasia D/o Shri Pradeep Garasia, Aged About 25 Years, R/o Village Sevaniya, Post Mahudi Tehsil

[2023:RJ-JP:17546-DB] (7 of 14) [SAW-649/2023]

Sajjangarh Nct Banswara

14. Pallavi Kaant D/o Shri Ramesh Chand Kaant, Aged About 25 Years, R/o Village Chothmal Barjdia, Tehsil Anandpuri Banswara

15. Anjali Meena D/o Shri Mahadeev Meena, Aged About 25 Years, R/o Jad Ka Naya Gaon, Post Bada Naya Gaon District Bundi

16. Jai Kishan Diya D/o Ramlal Diya, Aged About 26 Years, R/o 176/28 Shrangar Cjhanwari, Ward No.41, Ajmer

17. Komal Meghwal D/o Mangilal Meghwal, Aged About 25 Years, R/o Gurda, Tehsil Jhadol, Gurad Udaipur

18. Antima Meena D/o Mohanlal Meena, Aged About 23 Years, R/o Ward No.6, Meerna Mohalla, Nemli Kherli, Tanwaran, Kota

19. Meena Morya D/o Shri Ramnarayan Morya, R/o Village Manpura Mached, Tehsil Amer District Jaipur

20. Hitesh Kumar Morya S/o Shri Ramnarayan Mourya, Aged About 27 Years, R/o Village Manpura Mached, Tehsil Amer District Jaipur

21. Nirma Kumari Erma D/o Shri Sagarmal Verma, Aged About 30 Years, R/o Harnath Singh Ki Dhani, Ranoli Sikar

22. Pryanka Khant D/o Surajmasl Khant, Aged About 26 Years, R/o Adarshpura Duduka Tehsil Ghadi District Banswara

23. Dhannaram S/o Prahald Ram, Aged About 26 Years, R/o Keriya, Tehsil Chitalwana, District Jalore

24. Kanchan Gahan D/o Brajlal Gahan, Aged About 25 Years, R/o Bara Gaon, Jhunjhunu

25. Leena Damore D/o Shiv Lal Damore, Aged About 26 Years, R/o Village Chundawada, District Dungarpur

26. Hitesh Kumar Chawla S/o Shri Roshan Lal Khatik, Aged About 26 Years, R/o Village Daulatgarh, Tehsil Asind, District Bhilwara

27. Bhagwanlal S/o Udairam, Aged About 28 Years, R/o Village And Post Kharpa Kalan, Tehsil Pidawa,

[2023:RJ-JP:17546-DB] (8 of 14) [SAW-649/2023]

District Jhalawar

28. Rekha Gujrar D/o Mr. Megh Singh Gurjar, Aged About 26 Years, R/o Gurjar Ka Nangla, Sonkhari, Alwar

29. Neha Bhilwara D/o Tekchand Bhilwara, Aged About 26 Years, R/o Village Nareda Kothputli District Jaipur

30. Anjanli Khadiya D/o Shri Shaul Khadiya, Aged About 25 Years, R/o Village Khawadia Post Sundanpur, Kushalgarh, Banswara

31. Astha Agarwal D/o Purshottam Agarwal, Aged About 25 Years, R/o Ward No.28, Agarwal Nagar, Near Gulkandi School, Gangapur City, Sawaimadhopur

32. Teena Dindor D/o Fateh Singh Dindor, Aged About 26 Years, R/o Ward No.3, Tadavdla, Kalinjara, Banswara

33. Khushbu Meena D/o Ghanshyam Meena, Aged About 25 Years, R/o 54, Ward No.8, Vrindavan Colony, Aklera, District Jhalawar

34. Anchal Meena D/o Shri Shyam Manohar Meena, Aged About 26 Years, R/o 245 K, Patel Bhawan, Godam Ki Talai, Bheelan Mohalla, Jhalawar

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 660/2023

Syed Shahbaz Naqvi S/o Syed Alladiya Naqvi, Aged About 24 Years, R/o Mohalla Sadat, Near Badi Masjid, Malpura, Tonk Rajasthan

[2023:RJ-JP:17546-DB] (9 of 14) [SAW-649/2023]

----Appellant Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. Director, Directorate Of Unani Chikitsa, Ayush Bhawan, Sector-26, Pratap Nagar, Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 661/2023

1. Rajat Kaushik S/o Shri Jag Mohan Kaushik, Aged About 24 Years, R/o A-85, Ashok Vihar, Alwar

2. Ratan Singh S/o Shri Daleep Singh, Aged About 24 Years, R/o Village Goonta, District Alwar

3. Sunil Kumar S/o Shri Gangadeen, R/o Meghwal Mohalla, Goonta, District Alwar

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 662/2023

1. Sweety Solanki D/o Shri Dullichand, Aged About 25 Years, R/o Ward No.3, Pokharan Jaisalmer District Jaisalmer

2. Divya Vyas D/o Shri Kamlesh Vyas, Aged About 23 Years, R/o Vyas Chowk, Pokharan, Jaisalmer, District

[2023:RJ-JP:17546-DB] (10 of 14) [SAW-649/2023]

Jaisalmer

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. The Director, Directorate Of Ayurved, Ajmer

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 663/2023

1. Sara Khan D/o M. Iqbal Khan, Aged About 23 Years, R/o 1079, Ramnagar, Shastri Nagar Jaipur Rajasthan

2. Nagma Bano D/o Mohammed Younus, Aged About 22 Years, R/o 4354 Top Khane Ka Rasta Chandpole Bazar Jaipur Rajasthan

3. Shabnam Bano D/o Nijamuddin, Khan, Aged About 22 Years, R/o 175, Jp Colony, Sec. No. 03, Ram Nagar, Shastri Nagar, Jaipur. Rajasthan

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

2. Director, Directorate Of Unani Chikitsa, Ayush Bhawan, Sector-26, Pratap Nagar, Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

D.B. Special Appeal Writ No. 664/2023

Ms.aqsa Khanam D/o Abdul Salam, Aged About 23 Years,

[2023:RJ-JP:17546-DB] (11 of 14) [SAW-649/2023]

R/o 56-A Pragati Nagar, Bajrang Nagar Police Line, Kota, Rajasthan

----Appellant Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Ayush, Government Of Rajasthan, Government Secretariat Jaipur, Rajasthan.

2. Director, Directorate Of Unani Chikitsa, Ayush Bhawan, Sector-26, Pratap Nagar, Jaipur Rajasthan

3. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Through Its Registrar Kadwad, Nagaur Road District Jodhpur

----Respondents

For Appellant(s) : Mr. Laxmi Kant Malpura For Respondent(s) : Mr. C.L. Saini, AAG Dr. YC Sharma Mr. Vishesh Sharma

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

10/08/2023

Heard on application.

These appeals arise out of order passed by learned Single

Judge in batch of petitions, wherein relief sought by the writ

petitioners for allowing them to participate in the selection as

eligible through appropriate relaxation has been rejected and the

writ petitions have been dismissed.

Learned counsel for the appellants would argue that the writ

petitioners, were under going medical courses in Unani, Aurvedic

and Homeopathic. However, by due to COVID-19 pandemic, they

[2023:RJ-JP:17546-DB] (12 of 14) [SAW-649/2023]

could not complete the courses in time and therefore, it delayed

completion of their courses. The respondents initiated the process

of recruitment by issuing advertisements dated 21.06.2023,

07.07.2023 and 12.07.2023 for Ayurvedic, Homeopathy and Unani

respectively. As the appellants were still undergoing their

internship which was to be completed in the month of November

2023, they have been ousted from the process of selection. It is

argued that since the delay in completion of courses was because

of the COVID-19 pandemic, the respondents are liable to be

directed to provide proper relaxation to the petitioners as delay in

completion of their courses and internship was for none of their

fault. It is further submitted that the State did not take this

extraordinary situation into consideration and invoke its power of

relaxation under Rule 37 of Rajasthan Ayurvedic, Unani,

Homoeopathy and Naturopathy Service Rules, 1973.

It appears that the appellants are those who are undergoing

their study in medical courses of Unani, Ayurvedic and

Homeopathy, but unfortunately because of the COVID-19, delay

occurred in completion of the course. They are going to complete

their internship in the month of November, 2023. However, in the

meantime, advertisements have been issued on various dates and

the advertisements provide for the last date for submission of

application form with stipulation that the candidates are required

to be possessed of eligibility criteria/ qualification on or before the

last date of submission of application form. Apparently, the

appellants are not eligible and qualified candidates.

True it is, that because of extraordinary situation prevailing

due to COVID-19 pandemic, the appellants could not complete

[2023:RJ-JP:17546-DB] (13 of 14) [SAW-649/2023]

their courses, however, at the same time, this Court cannot stay

the action of the respondents in initiating the process of

recruitment. It is appellants' misfortune that when the

advertisement was issued, they could not complete their

internship. We cannot issue any direction to respondents to

postpone their process of selection till the completion of internship

by the present appellants. Filling up the post of medical officers in

the health services of the State is in public interest. There is a

conflict between the public interest and interest of a group of

persons. Individual or group interest must yield to public interest.

Therefore, even though we find that the appellants could not

complete their courses and internship prior to issuance of

advertisements for which they cannot be held to be responsible, at

the same time, the process of recruitment cannot be stayed by

this Court, nor can be directed to be postponed in view of

overwhelming public interest.

The other submission of the learned counsel for the

appellants is that respondents be directed to exercise the power

of relaxation as is available under Rule 37 of the Rajasthan

Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules,

1973. We are afraid, such direction cannot be issued because

Rule 37 does not confer any power of relaxation with regard to the

educational qualification. Rules for relaxation have been framed by

Governor in exercise of powers under proviso to Article 309 of the

Constitution of India and the State cannot be directed to consider

relaxation, which is beyond their powers of relaxation under Rule

37 of Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy

[2023:RJ-JP:17546-DB] (14 of 14) [SAW-649/2023]

Service Rules, 1973. To put it shortly, a mandamus cannot be

issued to do something which is contrary to law.

Therefore, in this circumstances, we find ourselves unable to

extend any relief to the appellants.

The appeals are, therefore, dismissed.

A copy of this judgment be placed on record of each appeal.

(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J

195-208---Mohit

Powered by TCPDF (www.tcpdf.org)