Rajasthan High Court
Vinod Kumar Saini And Ors vs State Of Raj And Ors (2024:Rj-Jp:3086) on 18 January, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:3086]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4308/2018
1. Vinod Kumar Saini Son Of Shri Chotu Ram Saini, R/o
Udaipurwati, District Jhunjhunu Raj. Pharmacist
Registration No. 23112
2. Amarjeet Yadav Son Of Shri Babulal Yadav, R/o A 83,
Raghunath Vihar, Sirsi Road, Panchayawala, Jaipur Raj.
Pharmachist Registration No. 28501.
3. Manish Saini Son Of Shri Shankar Lal Saini, R/o Joytiba
Colony, Reengus Road, Hadota, Chomu, District Jaipur
Raj. Pharmacist Registration No. 22012.
4. Manish Agarwal S/o Shri Kailash Chand Agarwal, R/o
1620, Jadon Nagar B, Durgapura Railway Station,
Durgapura, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan Through Its Principal Health Secretary,
Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Medical, Health And Faimly Welfare Services,
Government Of Rajasthan, Tilak Marg, Swasthya Bhawan,
Jaipur.
3. Additional Director Administration., Medical Health And
Family Welfare Services, Government Of Rajasthan,
Swasthya Bhawan, Tilak Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ashwinee Kumar Jaiman
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
18/01/2024
1. The present writ petition has been filed by the petitioners
with the following prayers:-
"1. By an appropriate writ, order
or direction, the impugned action of the
[2024:RJ-JP:3086] (2 of 4) [CW-4308/2018]
respondents not to revise the merit list of
Pharmacist in accordance with the
judgment passed by the Hon'ble Supreme
Court in case of Archana Vs. State of
Rajasthan & ors. Declared bad and illegal
and respondents be directed to grant the
benefit of 10, 20, & 30 marks to the
petitioners as envisaged under the Rules of
1965.
2. By an appropriate writ, order or
direction respondents be directed to
prepare revise merit list of Pharmacist in
furtherance of the advertisement of 2013
after giving the bonus marks to the
petitioners in tune of 10, 20 & 30 as
provided under the rules of 1965 and if
petitioners secure position in merit then
may be offered appointment on the
pharmacist with all consequential benefits."
2. The Co-ordinate Bench of this Court at Principal Seat Jodhpur
in case of Rajesh Kumar Sharma & Ors. Vs. State of
Rajasthan and Ors. (S.B. Civil Writ Petition No.8134/2017)
decided on 23.11.2017, in a similar controversy related to the
recruitment to the Post of Compounder / Nurse Junior Grade in
Homeopathy Department, after considering the discretion of
Hon'ble the Apex Court has observed as under:-
"13. After hearing counsel for
the parties and perusing the precedent law
cited at Bar, this Court is of the opinion
that the selection process of Compounder /
Nurse Junior Grade in pursuance of the
advertisement dated 16.08.2013 under the
Rules of Rajasthan Aurvedic Unani
Homeopathy and Naturopathy Subordinate
Service Rules 1965 and the amended Rules
of year 2010 and 2013 and the selection
process is going on.
14. This Court also finds that
Hon'ble Division Bench of this Court had
passed the orders in Gunjan Gaur Vs. State
& Anr. (D.B.Civil Writ Petition
No.12688/2013) D.B. Civil Writ Petition
No.10163/2013 (Praveen Kumar & Ors. VS.
State & Ors.) and D.B. Civil Writ Petition
No.10219/2013 (Narensh Kumar Vs. State
& Ors.) regarding the recruitment in
question on 22.01.2014 and abiding by the
[2024:RJ-JP:3086] (3 of 4) [CW-4308/2018]
judgment of the Division Bench of this
Court, the bonus marks were capped to 15
marks. The capping of 15 bonus marks was
strictly in compliance of the orders of this
Hon'ble Division Bench on 22.01.2014. The
order passed by the State Government on
24.02.2015 was thus, a mere compliance
and thereafter, the respondents have
moved ahead and completed the selection
process and provisionally select list has
already been changed. The subsequent
judgment of Hon'ble Apex Court dated
29.11.2016, whereby the State has been
free to make its own policy does not go
against the norms of the present case as
the Hon'ble Apex Court has lefted to the
discretion of the State Government and in
the present case also State Government
has exercised its discretion vide order
dated 24.02.2015, which is Annexure R/2
of the petition. Therefore, the decision of
the State Government to go ahead with the
capping of 15 bonus marks in its own
policy and decision which has of course
been taken in compliance of order of
Division Bench of this Court and are in
consonance with the orders passed by the
Hon'ble Apex Court in the matter of State
of Rajasthan Vs. Archana as virtually the
Hon'ble Apex Court has said the following
words :-
"The policy propounded by the State
must be allowed to operate on its own
terms."
15. The State terms are clear
and therefore, at this stage no interference
is called for. The precedent law of the rule
of the games not being changing would not
apply in the present case as the order
passed by the State Government is in
accordance with its discretion granted by
the Hon'ble Apex Court and was in direct
compliance of the orders passed by the
Division Bench of this Hon'ble Court and
hence, the precedent law cited by the
learned counsel for the petitioner shall not
apply in the present case."
3. After considering the fact of this case, this Court agrees with
the observations of the Co-ordinate Bench of this Court at
[2024:RJ-JP:3086] (4 of 4) [CW-4308/2018]
Principal Seat Jodhpur in case of Rajesh Kumar Sharma
(supra) and therefore, no interference is called for.
4. Accordingly, the present writ petition is dismissed.
5. Since the main petition has been dismissed, all pending
application/s, if any, also stand dismissed.
(GANESH RAM MEENA),J
ARTI SHARMA /57
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