Rajasthan High Court - Jodhpur
Ashok Kumar vs The State Of Rajasthan on 24 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17062/2023
1. Akshay Kumar Vaishnav S/o Ramgopal Vaishnav, Aged
About 31 Years, Village Barni, Post Antali, Tehsil Hurda,
District Bhilwara (Raj.).
2. Arjun Puri S/o Ladu Puri, Aged About 34 Years, Village/post
Khudi Pawa, Tehsil Deedwana, District Nagaur (Raj.).
3. Rahul Patidar S/o Rajendra Patidar, Aged About 26 Years,
Village Anwali Kallan, Tehsil Pach Pahad, District Jhalawar
(Raj.).
4. Suresh Chand Lohar S/o Bajranglal Lohar, Aged About 36
Years, Village Kalera Krishna Gopal, Tehsil Kekri, District
Ajmer (Raj.).
5. Puja D/o Baidyanath, Aged About 28 Years, Village/post
Kohrana, Tehsil Behrod, District Alwar (Raj.).
6. Nikhat Parveen D/o Saleem Mohammad Ansari, Aged About
30 Years, Behind Govt. Hospital, Todaraisingh, Tehsil
Todaraisingh, District Tonk (Raj.).
7. Arun Khokhar S/o Nopa Ram, Aged About 37 Years,
Khokharo Ka Bas, Sudrasan, Deedwana, District Nagaur
(Raj.).
8. Abhishek Sharma S/o Om Prakash Sharma, Aged About 29
Years, C-7, Maruti Nagar, Ramganj Mandi, District Kota
(Raj.).
9. Rakesh Kumar S/o Prem Narayan, Aged About 35 Years,
Village Motipura, Chandipur, Tehsil Manohar Thana, District
Jhalawar (Raj.).
10. Maina Kumari Meena D/o Jagdish Meena, Aged About 32
Years, Kali Ghati, Tokar, Tehsil Salumbar, District Udaipur
(Raj.).
11. Ashok Jangid S/o Amar Chand, Aged About 33 Years,
Village Lampolai, Tehsil Riyan Badi, District Nagaur (Raj.).
12. Sheela Meena D/o Amrit Lal Meena, Aged About 38 Years,
Village/ Post Pal Galandar, Tehsil Bichhiwara, District
Dungarpur (Raj.).
13. Dinesh Kumar Amaliya S/o Gatulal Amaliya, Aged About 30
Years, Village Rangela, Post Geji, Via Vikas Nagar, District
Dungarpur (Raj.).
14. Pratibha Meena D/o Chandulal Meena, Aged About 28
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Years, Naya Talab, Post Hathai, District Dungarpur (Raj.).
15. Sanwar Mal Sharma S/o Laxmi Lal Sharma, Aged About 30
Years, Village/post Dhuwala, Tehsil Mandal, District
Bhilwara (Raj.).
16. Rekha Kumari D/o Ramchandra, Aged About 34 Years,
Village/post Panchya Khedi, Shrichhatarpur, Tehsil
Pachpahar, District Jhalawar (Raj.).
17. Urmila Nanoma D/o Chandraveer Nanoma, Aged About 26
Years, Village Jhanjhari, Post Jorawarpura, Tehsil
Simalwara, District Dungarpur (Raj.).
18. Rampyari Mali D/o Kishan Lal Mali, Aged About 29 Years,
Village Mataji Ka Kheda, Post Jagpura, Tehsil Badnor,
District Bhilwara (Raj.).
19. Nisha Khant D/o Mangla Khant, Aged About 26 Years,
Village/post Rati Ka Fala, Peeth, Tehsil Simalwara, District
Dungarpur (Raj.).
20. Seema Saini D/o Ganesh Lal, Aged About 30 Years, Village/
post Shiwad, Tehsil Chhoth Ka Bakhara, District Sawai
Madhopur (Raj.).
21. Sapana Prajapat D/o Durga Lal Kumhar, Aged About 34
Years, Sadar Bazar, Saradhana, District Ajmer (Raj.).
22. Sheela Jangid D/o Mahavir Prasad Jangid, Aged About 33
Years, Gopalpura, Tehsil Kekri, District Ajmer (Raj.).
23. Madhu Shree Nagar D/o Prahlad Nagar, Aged About 33
Years, Village/post Soomar, Tehsil Khanpur, District
Jhalawar (Raj.).
24. Mamta Lavvanshi D/o Tejmal, Aged About 32 Years, Village
Ganeshpura, Post Shorti, Tehsil Manohar Thana, District
Jhalawar (Raj.).
25. Bahadur Singh Anjana S/o Mangi Lal Anjana, Aged About
38 Years, Bhilo Ka Mohalla, Alawa, Ganeshpura, Tehsil
Pachpahad, District Jhalawar (Raj.).
26. Surendra Kumar Khatik S/o Ladu Lal Khatik, Aged About 34
Years, Village/post Sadas, Tehsil Gangrar, District
Chittorgarh (Raj.).
27. Sharmila Sharma D/o Rajesh Kumar Sharma, Aged About
27 Years, Ward No.10, Near Jain Mandir, Rashmi, District
Chittorgarh (Raj.).
28. Lalit Kumar Khatik S/o Sobhag Mal Khatik, Aged About 39
Years, Village/post Mangrol, Tehsil Nimbahera, District
Chittorgarh (Raj.).
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29. Suresh Chandra Regar S/o Kallu Lal Regar, Aged About 35
Years, Regar Mohalla, Chechi, District Chittorgarh (Raj.).
30. Asha Kanwar Panwar D/o Jagdish Prasad Panwar, Aged
About 31 Years, Village/post Gudha Ramdas, Bagadwa,
Tehsil Peeplu, District Tonk (Raj.).
31. Vikram Singh Maida S/o Shambhu Lal Maida, Aged About
29 Years, Village/post Pipalada, Parthipura, Tehsil
Pipalkhunt, District Pratapgarh (Raj.).
32. Deepika Vaishnav D/o Dashrath Kumar Vaishnav, Aged
About 23 Years, Village/post Mandal, Near Bada Mandir,
Tehsil Mandal, District Bhilwara (Raj.).
33. Sumitra Varma D/o Chaturbhuj Varma, Aged About 31
Years, Village/post Gadh Rawla, Motras, Tehsil Badnor,
District Bhilwara (Raj.).
34. Vijayraj Sen S/o Bhanwar Lal Sen, Aged About 38 Years,
Navdurga Colony, Village Sogalpur, District Ajmer (Raj.).
35. Tejmal Jeengar S/o Hemraj Jeengar, Aged About 31 Years,
Sangram Garh, Tehsil Badnor, District Bhilwara (Raj.).
36. Kamlesh Sanwariya S/o Laxmi Lal Sanwariya, Aged About
36 Years, Village Jeewar, Sadar Chowk, Post Jagpura, Tehsil
Badnor, District Bhilwara (Raj.).
37. Sheevangi Kumari D/o Manmohan, Aged About 29 Years,
Village/post Garampura, Lakheri, Tehsil Indragarh, District
Bundi (Raj.).
38. Reena Khardiya D/o Basti Ram, Aged About 29 Years,
Village/ Post Banthadi, Tehsil Deedwana, District Nagaur
(Raj.).
39. Anita Kumari D/o Nanji Ram, Aged About 29 Years, Village/
post Gaang, District Jalore (Raj.).
40. Rajesh Gajan S/o Jayanti Lal Gajan, Aged About 34 Years,
Village Badgaon, Patwar Gali, Tehsil Raniwara, District
Jalore (Raj.).
41. Shankar Lal Damor S/o Mani Lal Damor, Aged About 38
Years, Village Jeewar, Tehsil Girwa, District Jalore (Raj.).
42. Ajeet Meghwal S/o Heera Lal Meghwal, Aged About 31
Years, Village Gurel, Gudal, Tehsil Salumbar, District
Udaipur (Raj.).
43. Laxmi Lal Meghwal S/o Amba Lal Meghwal, Aged About 35
Years, Village Jogidasji Ka Guda, Post Jemli, Tehsil Sayra,
District Udaipur (Raj.).
44. Kapil Pancholi S/o Ramesh Chandra Pancholi, Aged About
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27 Years, Village Semari, Tehsil Sarada, District Udaipur
(Raj.).
45. Khushbu Meghwal D/o Ram Lal Meghwal, Aged About 30
Years, Village Jogidasji Ka Guda, Post Jemli, Tehsil Sayra,
District Udaipur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Chief Secretary,
Government Of Rajasthan, Jaipur.
2. The Principal Secretary, Ayurved And Indian Medicine
Department, Secretariat, Jaipur
3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
4. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
5. The Mission Director, National Health Mission, Govt. Of
Rajasthan, Jaipur.
6. The Mission Director, National Ayush Mission, Ayush
Bhawan, Govt. Of Rajasthan, Jaipur.
7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University,
Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).
8. The Deputy Director, Ayurved Department, Bhilwara.
9. The Deputy Director, Ayurved Department, Nagaur.
10. The Deputy Director, Ayurved Department, Chittorgarh.
11. The Deputy Director, Ayurved Department, Jalore.
12. The Deputy Director, Ayurved Department, Dungarpur.
13. The Deputy Director, Ayurved Department, Alwar.
14. The Deputy Director, Ayurved Department, Jhalawar.
15. The Deputy Director, Ayurved Department, Ajmer.
16. The Deputy Director, Ayurved Department, Tonk.
17. The Deputy Director, Ayurved Department, Kota.
18. The Deputy Director, Ayurved Department, Bundi.
19. The Deputy Director, Ayurved Department, Sawai
Madhopur.
20. The Deputy Director, Ayurved Department, Pratapgarh.
21. The Deputy Director, Ayurved Department, Udaipur.
----Respondents
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Connected With
S.B. Civil Writ Petition No. 18539/2023
1. Virendra Tak S/o Shri Suresh Chand, Aged About 32 Years,
Resident Of Village/post Manglana, Tehsil Parbatsar, District
Nagaur (Raj.).
2. Deendayal S/o Shri Damodar Lal, Aged About 32 Years,
Resident Of Village Bherwas, Post Bajwas, Tehsil Parbatsar,
District Nagaur (Raj.).
3. Kesham Kumar Verma S/o Shri Bhoma Ram Bunkar, Aged
About 39 Years, Resident Of Village Dhodhsar, Via
Govindgarh, Tehsil Chomu, District Jaipur (Raj.).
4. Anil Shukla S/o Shri Kailash Chand, Aged About 31 Years,
Resident Of Village/post Karana, Tehsil Narayanpur, District
Alwar (Raj.)
5. Rekha Verma W/o Shri Prabhati Lal Bairwa, Aged About 31
Years, Resident Of Village Morod Kalan, Post Nawalpura,
Tehsil Raini, District Alwar (Raj.).
6. Anand Lata Saini W/o Shri Lokesh Kumar Saini, Aged About
32 Years, Resident Of Village Ajabpura, Tehsil Narayanpur,
District Alwar (Raj.).
7. Manisha Yadav W/o Shri Sunil Kumar, Aged About 34 Years,
Resident Of Village Mosampur, Tehsil Tizara, District Alwar
(Raj.).
8. Upender Singh S/o Shri Lal Singh, Aged About 34 Years,
Resident Of Village/post Mandha, Tehsil Tizara, District
Alwar (Raj.).
9. Pradeep Kumar Yadav S/o Shri Lahri Prasad Yadav, Aged
About 27 Years, Resident Of Village/post Majra Mahaniya,
Tehsil Tizara, District Alwar (Raj.).
10. Ravi Kumar Gurawa S/o Shri Kailash Chandra Gurawa,
Aged About 37 Years, Resident Of Village Gudaliya, Via
Badhal, Tehsil Chomu, District Jaipur (Raj.).
11. Vidhya Bharti D/o Shri Ramjilal Bairwa, Aged About 28
Years, Resident Of Village/ Post Chhaan, Tehsil Khandar,
District Sawai Madhopur (Raj.).
12. Priyanka Kumari D/o Shri Bajrang Lal Yogi, Aged About 24
Years, Resident Of Village/post Khejroli, Tehsil Shahpura,
District Jaipur (Raj.).
13. Archana Yogi W/o Shri Rakesh Kumar Yogi, Aged About 27
Years, Resident Of Village/post Nathusar, Tehsil Thanagaji,
District Alwar (Raj.).
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14. Jagriti W/o Shri Udai Singh, Aged About 35 Years, Resident
Of Village/ Post Bamboli, Tehsil Ramgarh, District Alwar
(Raj.).
15. Sunita Jaldeep D/o Shri Gopal Lal Jaldeep, Aged About 30
Years, Resident Of Village / Post Ajabpura, Tehsil
Thanagazi, District Alwar (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Chief Secretary,
Government Of Rajasthan, Jaipur.
2. The Principal Secretary, Ayurved And Indian Medicine
Department, Secretariat, Jaipur
3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
4. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
5. The Mission Director, National Health Mission, Govt. Of
Rajasthan, Jaipur.
6. The Mission Director, National Ayush Mission, Ayush
Bhawan, Govt. Of Rajasthan, Jaipur.
7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University,
Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).
8. The Block Chief Medical Officer, Govindgarh, District Jaipur.
9. The Block Chief Medical Officer, Nangal, District Sikar.
10. The Deputy Director, Ayurved Department, Nagaur.
11. The Deputy Director, Ayurved Department, Alwar.
12. The Deputy Director, Ayurved Department, Sawai
Madhopur.
13. The Deputy Director, Ayurved Department, Sikar.
----Respondents
S.B. Civil Writ Petition No. 9316/2024
1. Mukat Singh S/o Shiv Charan Singh, Aged About 31 Years,
Village/post Moloni, Tehsil Weir, District Bharatpur (Raj.).
2. Rekha Devi D/o Samay Singh, Aged About 33 Years, Village
Gurjar Basti, Post Singhara, Tehsil Bayana, District
Bharatpur (Raj.).
3. Suresh S/o Karna Ram, Aged About 32 Years, Dhadhar
Walo Ki Dhani, Village/ Post Dayasagar Khara, Tehsil And
District Phalodi (Raj.).
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4. Geeta Panwar D/o Prem Ratan Panwar, Aged About 28
Years, 144, Malar, Near Rin Road, Tehsil And District Phalodi
(Raj.).
5. Nikita Sen D/o Mahesh Kumar Sen, Aged About 30 Years,
Kayasth Mohalla, Near Post Office, Old City, Kishangarh,
District Ajmer (Raj.).
6. Meku Devi D/o Chhotu Ram, Aged About 29 Years, Village
Kutiyasani Khurd, Po Manjhi, Tehsil Degana, District Nagaur
(Raj.).
7. Pushpa Devi D/o Hari Singh, Aged About 35 Years, Village
Halena, Tehsil Wair, District Bharatpur (Raj.).
8. Antima Tailor D/o Nand Kishore Tailor, Aged About 26
Years, Jain Mohalla, Hameerpur, Tehsil Todaraysingh,
District Tonk (Raj.).
9. Manju Kumari Balai D/o Kishan Lal Balai, Aged About 37
Years, Village Baliyo Ka Mohalla, Mundoti, Tehsil Kishangarh
Renwal, District Jaipur (Raj.).
10. Rekha Rao D/o Devi Lal Rao, Aged About 38 Years, Village/
Post Arjiya, Sadar Bazar, Tehsil And District Bhilwara (Raj.).
11. Leela Laxkar D/o Jagnnath Laxkar, Aged About 41 Years,
Vpo Parsoli, Ganesh Chowk, Tehsil Begun, District
Chittorgarh (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Chief Secretary,
Government Of Rajasthan, Jaipur.
2. The Principal Secretary, Ayurved And Indian Medicine
Department, Secretariat, Jaipur
3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
4. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
5. The Mission Director, National Health Mission, Govt. Of
Rajasthan, Jaipur.
6. The Mission Director, National Ayush Mission, Ayush
Bhawan, Govt. Of Rajasthan, Jaipur.
7. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved University,
Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).
8. The Deputy Director, Ayurved Department, Bharatpur.
9. The Deputy Director, Ayurved Department, Jodhpur.
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10. The Deputy Director, Ayurved Department, Pali.
11. The Deputy Director, Ayurved Department, Nagaur.
12. The Deputy Director, Ayurved Department, Tonk.
13. The Deputy Director, Ayurved Department, Jaipur B Region.
14. The Deputy Director, Ayurved Department, Bhilwara.
15. The Deputy Director, Ayurved Department, Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 17208/2023
1. Ashok Kumar S/o Sh. Bhoja Ram, Aged About 32 Years, R/
o Village And Post Mahadevpura, Gram Panchayat Poshal,
Tehsil Chohatan, District Barmer, Rajasthan. At Present
Posted At Ayush Health And Wellness Centre Hejam Ka Tall,
Tehsil Chohatan, Dist. Barmer.
2. Poonama Ram S/o Sh. Patta Ram, Aged About 37 Years, R/
o Village And Post Gagariya Station, Tehsil Ramsar, Dist.
Barmer. At Present Posted At Ayush Health And Wellness
Centre Sajjan Ka Par, Barmer, Dist. Barmer.
3. Dashrath Choudhary S/o Sh. Moola Ram Choudhary, Aged
About 36 Years, R/o Village And Post Dhako Ka Talla,
Sarano Ki Nadi, Dhanau, Dist. Barmer. At Present Posted At
Ayush Health And Wellness Centre Dudhu, Dist. Barmer.
4. Champa Ram S/o Sh. Beejala Ram, Aged About 34 Years,
R/o Village Shahdad Ka Par, Tehsil Gadara Road, Dist.
Barmer. At Present Posted At Ayush Health And Wellness
Centre Shahdad Ka Par, Tehsil Gadara Road, Barmer, Dist.
Barmer.
5. Aslam Khan S/o Sh. Anvar Khan, Aged About 34 Years, R/o
Kasbathana, Muslim Mohalaa, Chota Bajar, Kasbathana
Tehsil Shahabad, Dist. Baran. At Present Posted At Ayush
Health And Wellness Centre Bamangava, Dist. Baran.
6. Vimla D/o Sh. Lakha Ram, Aged About 31 Years, R/o
Bhunkaron Ki Dhani, Chak Santara, Dist. Barmer. At
Present Posted At Ayush Health And Wellness Centre
Khokhasar, Dist. Barmer.
7. Deepa Ram S/o Hukama Ram, Aged About 32 Years, R/o
Village Pareu, Tehsil Gida, Dist. Barmer. At Present Psoted
At Ayush Health And Wellness Centre Simerakhiya
Purohitan, Dist. Barmer.
8. Vinod Kumar S/o Sh. Asha Ram, Aged About 31 Years, R/o
Meghwalon Ka Bas, Morakha, Post Mundara, Tehsil Desuri,
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District Pali. At Present Posted At Ayush Health And
Wellness Centre Chhoda, Dist. Pali.
9. Chaudhari Premila D/o Sh. Dalpat Kumar, Aged About 33
Years, R/o Dhakon Ka Talla, Saranon Ki Nadi, Tehsil
Dhanau, Dist. Barmer. At Present Posted At Ayush Health
And Wellness Centre Dudhu, Dist. Barmer.
10. Anita Choudhary W/o Sh. Teja Ram, Aged About 33 Years,
R/o Deramoni, Potaliyon Ki Dhani, Bayatu, Dist. Barmer. At
Present Posted At Ayush Health And Wellness Centre
Simerkhiya Khara, Dist. Barmer.
11. Pukhraj S/o Sh. Pema Ram, Aged About 29 Years, R/o
Meghwalo Ka Bas, Pareu, Tehsil Gida, Dist. Barmer. At
Present Posted At Ayush Health And Wellness Centre
Simarakhiya Khara, Dist. Barmer.
12. Leelawati D/o Sh. Lakha Ram, Aged About 31 Years, R/o
Gujaro Ki Dhani, Bayatu Chimji, Dist. Barmer. At Present
Posted At Ayush Health And Wellness Centre Jasai, Dist.
Barmer.
13. Nirma W/o Sh. Poona Ram, Aged About 30 Years, R/o
Village Newai, Pachapadara, Dist. Barmer. At Present
Posted At Ayush Health And Wellness Centre, Umaralai,
Dist. Barmer.
14. Alkesh Kumar S/o Sh. Himmat Mal, Aged About 28 Years,
R/o Sutharon Ka Bas, Joyala, Dist. Sirohi. At Present Posted
At Ayush Health And Wellness Centre Joyala, Block
Shivganj, Dist. Sirohi.
15. Suman Nehra D/o Sh. Mangla Ram, Aged About 31 Years,
R/o Village And Post Khorandi, Tehsil Nawa, Dist. Nagaur.
At Present Posted At Ayush Health And Wellness Centre
Khorandi, Teh. Nawa, Dist. Nagaur.
16. Niranjan Kumar Parmar S/o Sh. Jora Ram Parmar, Aged
About 33 Years, R/o Meghwalo Ka Bas, Salodariya, Dist.
Pali. At Present Posted At Ayush Health And Wellness
Centre, Paldi Thana, Sumerpur, Dist. Pali.
17. Neelam Goswami D/o Sh. Amrit Puri Goswami, Aged About
32 Years, R/o Ushapuri Gate, Aeundar, Sumerpur, Dist. Pali.
At Present Posted At Ayush Health And Wellness Centre,
Paldi, Sumerpur, Dist. Pali.
18. Ramchandra S/o Sh. Mohanlal, Aged About 32 Years, R/o
Village Sanwatgarh, Shyamgarh, Tehsil Nawa, Dist Nagaur.
At Present Posted At Ayush Health And Wellness Centre,
Shyamgarh, Dist. Nagaur.
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19. Suman Jat W/o Sh. Premchand, Aged About 27 Years, R/o
Joshipura, Tehsil Nawa, Dist. Nagaur. At Present Psoted At
Ayush Health And Wellness Centre, Shyamgarh, Dist.
Nagaur.
20. Anita Meena D/o Sh. Ganpati Meena, Aged About 30 Years,
R/o Village Darra, Rodhai, Dist. Karouli. At Present Posted
At Ayush Health And Wellness Centre, Bhankari Dist.
Karauli.
21. Vimla D/o Sh. Moola Ram, Aged About 31 Years, R/o Village
And Post Jooniundari, Barmer, Dist. Barmer. At Present
Posted At Ayush Health And Wellness Centre, Sidhasanwa,
Harniyan, Dist. Barmer.
22. Madhu Kumari W/o Harchand Singh Saini, Aged About 25
Years, R/o Village And Post Semli, Tehsil Nagar, Dist.
Bharatpur. At Present Posted At Ayush Health And Wellness
Centre, Semli, Dist. Bharatpur.
23. Sitara Begam W/o Sh. Ashik Hussain, Aged About 34 Years,
R/o Balaji Ka Gali, Jameetpura, Tehsil Talera, Dist. Bundi. At
Present Posted At Ayush Health And Wellness Centre,
Jameetpura, Dist. Bundi.
24. Maina Bai D/o Sh. Nand Kishor, Aged About 29 Years, R/o
Karwala Ki Jhonparyan, Bundi, Dist. Bundi. At Present
Posted At Ayush Health And Wellness Centre, Jaisthal, Dist.
Bundi.
25. Chitralekha Tiwari W/o Sh. Pradeep Kumar Sharma, Aged
About 33 Years, R/o Bus Stand, Bheru Ji Barda, Hindoli,
Dist. Bundi. At Present Posted At Ayush Health And
Wellness Centre, Tokara, Dist. Bundi.
26. Khushbhu Gour W/o Sh. Deepak Kumar, Aged About 29
Years, R/o Chacholya Talab, Gendoli Khurd, Dist. Bundi. At
Present Posted At Ayush Health And Wellness Centre,
Gendoli Khurd, Dist. Bundi.
27. Laxman Kumar Meghwal S/o Sh. Naina Ram Meghwal, Aged
About 25 Years, R/o Meghwal Bas, Tawari, Dist. Sirohi,
Present Posted At Ayush Health And Wellness Centre,
Centre, Gole, Dist. Sirohi.
28. Bharat Kumar Meghwal S/o Sh. Hansa Ram, Aged About 40
Years, R/o Village Sirodi, Dist. Sirohi. At Present Posted At
Ayush Health And Wellness Centre, Hathal, Teh. Rewadar,
Dist. Sirohi.
29. Laxmi Kumari W/o Sh. Manish Kumar, Aged About 30
Years, R/o Meghwal Was, Juni Kharadi, Ward No. 06, Abu
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Road, Sirohi, Dist. Sirohi. At Present Posted At Ayush
Health And Wellness Centre, Kivarli, Teh. Aburaod, Dist.
Sirohi.
30. Rajendra Kumar Dangi S/o Sh. Hansa Ram Dangi, Aged
About 38 Years, R/o South Meghwal Was, Ward No. 06, Gali
No. 03, Sirohi, Dist. Sirohi. At Present Posted At Ayush
Health And Wellness Centre, Mankroda, Dist. Sirohi.
31. Naresh Kumar Meena S/o Sh. Rama Ram Meena, Aged
About 32 Years, R/o Posaliya, Dist. Sirohi. At Present
Posted At Ayush Health And Wellness Centre, Kanakolar,
Dist. Sirohi.
32. Pushpa Kumari D/o Sh. Sama Ram, Aged About 30 Years,
R/o Akhariya Vas, Bargaon, Dist. Sirohi. At Present Psoted
At Ayush Ehalth And Wellness Centre, Kanakolar, Dist.
Sirohi.
33. Chotu Lal S/o Sh. Gena Ram, Aged About 33 Years, R/o
Meghwal Vas, I.t.i. Road, Santpur, Abu Road, Dist. Sirohi.
At Present Posted At Ayush Health And Wellness Centre,
Santpur, Dist. Sirohi.
34. Shankarlal Meghwal S/o Magan Lal Meghwal, Aged About
33 Years, R/o Meghwal Vas, Ore Dis. Srohi. At Present
Posted At Ayush Health And Wellness Centre, Ore, Abu
Road, Dist. Sirohi.
35. Vala Ram S/o Sh. Uda Ram, Aged About 31 Years, R/o
Village And Psot Thob, Tehsil Pachpadra, Dist. Barmer. At
Present Posted At Ayush Health And Wellness Centre,
Umaralayi, Dist. Barmer.
36. Pratap Bana S/o Sh. Gopal Krishna Bana, Aged About 32
Years, R/o Kankolgarh, Khokhasar, Gida, Dist. Barmer. At
Present Posted At Ayush Health And Wellness Centre,
Khokhasar, Dist. Barmer.
37. Neeraj Devi W/o Surendra Singh, Aged About 28 Years, R/o
Village Gajipur, Dist. Karauli At Present Posted At Ayush
Health And Wellness Centre, Pahadi, Dist. Karauli.
38. Mooli D/o Sh. Bhoma Ram, Aged About 32 Years, R/o
Ganganiyon Ki Dhani, Kalewa, Dist. Barmer. At Present At
Ayush Health And Wellness Centre, Khanoda, Dist. Barmer.
39. Laxmi Shekhawat W/o Sh. Bheem Singh, Aged About 34
Years, R/o Rewada Jetmal, Dist. Barmer. At Present At
Ayush Health And Wellness Centre, Simarakhiya Purohitan,
Dist. Barmer.
40. Nirmala Mehra W/o Sh. Brij Raj Mehra, Aged About 35
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Years, R/o 28, Devnarayan Ke Mandir Ke Pass, Atraliya,
Kota Dist. Kota. At Present At Ayush Health And Wellness
Centre, Haripura Manjhi, Dist. Kota.
41. Rahina Bano W/o Sh. Arif Husain, Aged About 34 Years, R/o
179, Saran Wali Gali, Genta, Dist. Kota. At Present At
Ayush Health And Wellness Centre, Genta, Dist. Kota.
42. Vishnu Kumar S/o Sh. Devki Nandan Sharma, Aged About
34 Years, R/o Talera Dist. Bundli. At Present Posted At
Ayush Health And Wellness Centre, Jamitpura, Dist. Bundi.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Department
Of Ayush (Ayurved, Yoga, Naturopathy, Homiopathic,
Unani) Government Of Rajasthan, Jaipur.
2. State Of Rajasthan, Department Of Personnel, Through Its
Secretary, Secretariat, Jaipur.
3. The Director, Department Of Ayurveda, Ashok Marg,
Lohagal Road, Savitri College Circle, Ajmer.
4. Dr. Sarvapali Radhakrishnan Rajasthan Ayurveda
University, Through Its Registrar, Karvad Nagaur Road,
Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 9283/2024
1. Kiran Jajra D/o Shri Amra Ram Jajra, Aged About 26 Years,
Resident Of Village Jato Ka Bas, Mathaniya, Post Dodiyana,
Tehsil Riayn Badi, District Nagaur (Raj.).
2. Prem Chand Jangid S/o Shri Ragunath Ram, Aged About 35
Years, Resident Of Village Dhamniya, Post Baggad, Tehsil
Riyan Badi, District Nagaur (Raj.).
3. Jaswant Singh S/o Shri Narayan Singh Rajpurohit, Aged
About 34 Years, Resident Of Bichala Bas, Ward No. 10, Sri
Kolayat, Tehsil Kolayat, District Bikaner (Raj.).
4. Lakhan Soni S/o Shr Dinesh Soni, Aged About 25 Years,
Resident Of Village/post Hanuman Gali Anwar, Tehsil
Pachpahad, District Jhalawar (Raj.).
5. Bisram Jat S/o Shri Raymal Jat, Aged About 33 Years,
Resident Of Village Gothiyana, Via Arai, Tehsil Arai, District
Ajmer (Raj.).
6. Mukesh Verma S/o Shri Babulal Verma, Aged About 32
Years, Resident Of Village Bandhnau, Post Dikhnada, Tehsil
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Sardarshahar, District Churu (Raj.).
7. Sharda Talnia W/o Shri Indraj Mahich, Aged About 34
Years, Resident Of Village Dhani Ranasar, Pawaran, Post
Jaitasar, Tehsil Sardarshahar, District Churu (Raj.).
8. Sunita Chundawat W/o Shri Mahipal Singh, Aged About 35
Years, Resident Of Village/post Manda, Via Sojat Road,
Tehsil Marwar Junction, District Pali (Raj.).
9. Mamta Rani W/o Shri Nanu Ram Prajapat, Aged About 31
Years, Resident Of Village Udasar, Post Kalyanpura, District
Churu (Raj.).
10. Manju Devi D/o Shri Shyopat Ram, Aged About 34 Years,
Resident Of Ward No. 13, Talwara Jhheel, Tehsil Tibbi,
District Hanumangarh (Raj.).
11. Monika Mehar D/o Shri Sitaram Mehar, Aged About 32
Years, Resident Of Village/post Chand-Khedi, Tehsil
Khanpur, District Jhalawar (Raj.).
12. Minakshi Kumari D/o Shri Uma Sankar Pandey, Aged About
33 Years, Resident Of Village/post Bad Bas, Jaliya-2Nd,
Tehsil Vijaynagar, District Ajmer (Raj.).
13. Sandeep Meena S/o Shri Ram Kishan Meena, Aged About
36 Years, Resident Of 65/66, Behind Police Line, Shivnagar,
Bhilwara (Raj.).
14. Manoj Singh S/o Shri Bhagwan Singh Rathore, Aged About
37 Years, Resident Of Village/post Damboi Khurd, Via
Gachchhipura, Tehsil Makrana, District Deedwana-
Kuchaman (Raj.).
15. Jagdish Chandra Meena S/o Shri Magna Ram Meena, Aged
About 32 Years, Resident Of Village/post Kheruna,
Teethoda, Tehsil Jahajpur, District Bhilwara (Raj.).
16. Sonu Kumari Balai D/o Shri Ramesh Chandra Balai, Wife Of
Shri Vijay Kumar, Aged About 31 Years, Resident Of Village/
post Bankara, Tehsil Jahajpur, District Bhilwara (Raj.).
17. Minaxi Bunkar D/o Shri Bnshidhr Bunkar, Aged About 33
Years, Resident Of Village/post Moriza, Tehsil Chomu,
District Jaipur (Raj.).
18. Sirjeet Kumar S/o Shri Mehar Chand, Aged About 40 Years,
Resident Of Ward No. 9, Village Daulatpura, Tehsil Tibbi,
District Hanumangarh (Raj.).
19. Jai Prakash Bunkar S/o Shri Gopal Lal Bunkar, Aged About
42 Years, Resident Of Village Hardrampura, Post Khejroli,
Tehsil Chomu, District Jaipur (Raj.).
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20. Kamlesh Kumar S/o Shri Babulal, Aged About 37 Years,
Resident Of Village Bhateep, Post Kodka, Tehsil Raniwara,
District Jalore (Raj.).
21. Sanju Kumari W/o Shri Nathu Singh, Aged About 30 Years,
Resident Of Gillon Ka Bas, Village Dhaniya, Bhorki, Tehsil
Udaipurwati, District Jhunjhunu (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Chief Secretary,
Government Of Rajasthan, Jaipur.
2. The Principal Secretary, Ayurved And Indian Medicine
Department, Secretariat, Jaipur
3. Joint Secretary, Ayurved, Yoga And Naturopathy Medicine,
Unani, Siddha And Homeopathy (Ayush) Department,
Secretariat, Jaipur.
4. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
5. The Mission Director, National Health Mission, Govt. Of
Rajasthan, Jaipur.
6. The Mission Director, National Ayush Mission, Ayush
Bhawan, Govt. Of Rajasthan, Jaipur.
7. Dr. Sarvepli Radhakrishnan Rajasthan Ayurved University,
Through Its Registrar, Karwar, Nagaur Road, Jodhpur (Raj.).
8. The Deputy Director, Ayurved Department, Nagaur.
9. The Deputy Director, Ayurved Department, Churu.
10. The Deputy Director, Ayurved Department, Pali.
11. The Deputy Director, Ayurved Department, Hanumangarh.
12. The Deputy Director, Ayurved Department, Jhalawar.
13. The Deputy Director, Ayurved Department, Jaipur.
14. The Block Chief Medical Officer, Khejroli, District Jaipur-
First.
15. The Deputy Director, Ayurved Department, Jhunjhunu.
16. The Deputy Director, Ayurved Department, Ajmer.
17. The Deputy Director, Ayurved Department, Deedwana-
Kuchaman.
18. The Deputy Director, Ayurved Department, Bhilwara.
19. The Deputy Director, Ayurved Department, Jalore.
20. The Deputy Director, Ayurved Department, Bikaner.
----Respondents
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For Petitioner(s) : Mr. Yashpal Khileree
with Ms. Vinita
Mr. K.L. Chouhan
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Mr. Sher Singh Rajpurohit, Asstt. to AAG
Ms. Anita Rajpurohit, Asstt. to AAG
Mr. Suneil Purohit
with Mr. Jasraj Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
ORDER RESERVED ON : 20/09/2024
ORDER PRONOUNCED ON : 24/09/2024
Reportable
BY THE COURT: -
1. The instant writ petitions under Article 226 of the
Constitution of India have been preferred by the petitioners being
aggrieved by the action of respondents for not issuing the
experience certificate in a prescribed format and not granting
bonus marks to Yoga Instructors ("YI") in the ongoing selection
process of Ayurveda Compounder/Nurse as per the order dated
25.04.2023 issued by the Department of Medical and Health
despite the fact that they discharged their duties similar to
Ayurveda Compounder/Nurse during the period of COVID-19.
2. The issue involved in all these matters is similar, with the
consent of the parties all have been heard together and being
decided by the instant common order. For the purpose of
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convenience, the facts reflected in this order would be of S.B.
Civil Writ Petition No. 17062/2023.
3. Briefly stating the facts of the case are that in times of
COVID-19 when the whole world was facing a deadly pandemic
there was need of people who can come forward and contribute
for the society. At that time, Government decided under the
National AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha
and Homeopathy) Mission to advertise vacancies for the posts of
Yoga Instructor at 430 Ayurveda Hospitals situated in the State of
Rajasthan which were selected as AYUSH Health & Wellness
Centre and accordingly the respondent director Ayurveda
Department issued an advertisement dated 04.03.2021 and
invited applications from the eligible candidates and as per which
one female and one male is to be appointed at each Ayurveda
Hospital (Annexure 1). The petitioners are having qualifications
showing Diploma in AYUSH Nursing and Pharmacy (DAN & P) as
well as registration with Rajasthan Ayurveda Nursing Council,
Jaipur (Annexure 2). Petitioners were being appointed on the post
of Yoga Instructor by the order issued by the respondent authority
and the copy of the appointment order dated 13.07.2021 of
petitioner no.1 has been annexed with the writ petition and
accordingly he joined on 15.07.2021 (Annexure 4). Similarly, the
other petitioners were also joined and served as Yoga Instructor
and this fact is not disputed. Petitioners were appointed during
COVID-19 Pandemic in the month of July, 2021 and are continuing
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till date. During pandemic period i.e., 22.03.2020 to 13.02.2022,
the services of all the employees including the employees of
Ayurveda Department were handed over to the department of
Medical and Health, Government of Rajasthan, Jaipur vide order
dated 07.04.2020 (Annexure 7). The work done by the Ayurveda
Department in Phase 1 and Phase 2 of COVID-19 is also annexed
herewith (Annexure 8). The respondent state government has
decided to provide additional bonus marks in the regular
recruitment process of Medical and Health Department to those
employees who served at the time of pandemic vide order dated
25.04.2023 (Annexure 11). Now the respondent department of
AYUSH Rajasthan has issued advertisement dated 03.10.2023 and
invited applications from eligible candidates for appointment on
the post of Compounder/Nurse Junior Grade and the minimum
qualification for the said post is Three years Diploma or Four Years
B.Sc. in Ayurveda Nursing along with internship from a university
established by law in India and registered in Rajasthan Ayurveda
Nursing Council (Annexure 13). The criteria of selection process,
grant of bonus marks, reservations as well as relaxations were all
given in the advertisement. The petitioners performed duties
during COVID-19 and are still continuing on contractual basis in
the respondent department but no additional benefits have been
given as per order dated 25.04.2023 (Annexure 11) and therefore
it is challenged by way of filing the instant writ petitions.
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4. Learned counsel for the petitioner submits that the actions of
respondent's authority in denying to issue the experience
certificate in a prescribed format as well as in providing the bonus
marks to the petitioners is discriminatory, arbitrary, unfair and
illegal. The petitioner no.1 has been appointed vide order dated
13.07.2021 (Annexure 3) and on 15.07.2021 (Annexure 4) he
joined in the office. He further submits that the petitioners were
having qualification of Diploma in AYUSH- Nursing and Pharmacy
as well as having the registration with Rajasthan Ayurveda Nursing
Counsel, Jaipur and are eligible in all respect for appointment on
the post of Compounder/Nurse Junior Grade as well as Yoga
Instructors. It was further argued that the aim of diploma in
AYUSH nursing and pharmacy is to prepare nurses cum
pharmacist with a sound educational programme and to teach
them about healthcare so that they can help as an efficient
member of the health team in preventing the diseases, promotion
of health and rehabilitation of the sick. In COVID-19 times, when
everyone was sitting in their safe environment, State sought to
engage people on contractual/ad-hoc/temporary basis under the
Medical Department as well as Ayurveda Department for
undertaking COVID-19 related works. The Department of Medical
and Health, Government of Rajasthan decided to provide an
additional benefit of awarding bonus marks to such candidates in
the regular recruitment vide order dated 25.04.2023 (Annexure
11) to the employees who served during COVID period. The
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petitioners also performed the duties as directed by the medical
department during COVID and discharged all duties as directed to
them during COVID period but still not providing them the bonus
marks is discriminatory in nature. The concerned authority was
supposed to issue experience certificate to the petitioners however
the same was not issued in an arbitrary manner. The action of the
respondent is in violation of provisions under Article 14, 16, 21
and 300-A of the Constitution of India. Learned counsel in support
of his contention has placed an order passed by this Court in
Rahul Singh Chouhan v. State of Rajasthan [SBCWP No.
7868/2023]. The petitioners approached this Court with the
prayer that the respondent deputy director be directed to issue
experience certificate to the petitioners as per period of their
working during COVID-19 and should be directed to award bonus
marks in respect of their experience certificates.
5. Per contra, learned counsel for the respondent department
vehemently opposed the submissions made by the counsel for the
petitioner. He submits that the appointment on the post of Yoga
Instructors as provided in the advertisement dated 04.03.2021
provides for a part time post for Yoga Instructors under Ayurveda
Department. He further submits that appointment order of
petitioner as Yoga Instructor dated 13.07.2021 states that it is on
hourly basis and the remuneration is also fixed as maximum Rs.
5000/- per month and honorarium per hour was of Rs. 250/- to
the maximum of 20 hours is fixed. He further contented that duty
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of Yoga Instructors was to conduct yoga classes for one hour and
this work for 20 hours a month cannot be equated at par with
daily duty of compounder and nurse for 8 to 12 hours considering
the nature of work and work performed. The state government
vide letter dated 25.10.2023 (Annexure R/1) submitted an
additional affidavit clearing that the work of Yoga Instructors is not
similar to the work and responsibilities of Ayurveda
Nurse/Compounder. He further argued that the Department of
Ayurveda and Department of Medical & Health are different and
they cannot be considered as same. Further he added that the
work of Yoga Instructors and work of Nurse/Compounder cannot
be kept at equivalent position when it comes on providing bonus
marks to Yoga Instructors. Learned counsel in support of his
contention has placed on record the following judgments rendered
by the Hon'ble Supreme Court and the Division Bench as well as
the Coordinate Benches of this Court respectively: -
I. Satya Dev Bhagaur v. State of Rajasthan (2022) 5
SCC 134.
II. Ram Singh v. State: D.B. Special Appeal Writ
No.963/2022 and Ram Singh v. State: SBCWP
No.8162/2022.
6. Heard learned counsel for the petitioners as well as the
learned counsel for the respondents and perused the material
placed on record.
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7. Indisputably, the petitioners were appointed as Yoga
Instructor and they performed their duties even during outbreak
of COVID-19 pandemic as per the directions of the authorities
issued time to time and therefore they deserve to get the
experience certificate of doing the work of Yoga Instructor at
relevant point of time and perhaps observing the same, the
coordinate bench of this Court has passed an interim order dated
01.11.2023, after hearing the counsel for the parties, for issuance
of experience certificate in favour of the petitioners so as to
enable them to complete the formalities of filling of application
forms. It would be worthwhile to reproduce the order dated
01.11.2023 passed by a coordinate bench in this matter, the same
reads as: -
"1. Learned counsel for the petitioners submits that though
the petitioners, who were appointed as 'Yoga-Instructor(s)',
performing the same duties as that of 'Ayurveda
Compounder/Nurse Junior Grade' for more than two years,
despite that the requisite certificate has not been issued.
Learned counsel for the petitioners further submits that for
filling up the form for the post of Ayurveda
Compounder/Nurse Junior Grade, the last date is
05.11.2023 and if the respondents do not issue the
requisite experience certificates, the petitioners will not be
awarded the bonus marks.
2. Learned Additional Advocate General accepts notices on
behalf of respondents and seeks time to complete his
instructions in the matter.
3. Time prayed for is granted. List the petition on
28.11.2023.
4. In the meanwhile, the respondents are directed to issue
the experience certificates to the petitioners of the post of
Yoga Instructor(s), on which post the petitioners have
performed their duties, at the earliest preferably before
03.11.2023. Issuance of the certificates under the interim
directions of the Court would not bound the respondents to
award bonus marks, unless the petitioners are eligible for
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the same. The entire exercise will remain subject to final
outcome of the present petition."
It is emanating from the order dated 01.11.2023 that upon
taking into account the fact and niceties of the matter, as an
interim measure this Court felt it appropriate to pass an order of
issuance of experience certificates to the petitioners on the post of
Yoga Instructors on which post they did perform their duties under
the directions of the respondent department. It is not under
dispute that in pursuance of the order dated 01.11.2023, the
respondent department has issued experience certificates to the
petitioners thus, one part of the writ petition and the prayer
regarding issuance of experience certificate does not survive now
and so also this Court deems it appropriate to make absolute the
order dated 01.11.2023 passed by a coordinate bench. The writ
petitions are allowed to the extent it relates to the prayer
regarding issuance of the experience certificate for the work they
performed while discharging their duties on the post of Yoga
Instructors during the relevant time.
8. Now moving on to the another aspect of the matter as to
whether the prayer for issuance of directions to the respondent
authority for applicability of order dated 25.04.2023 (Annexure
11 of writ petition no. 17062/2023) for granting them bonus
marks in the current recruitment process initiated vide
advertisement dated 03.10.2023 for which the petitioners have
made their candidature can be acceded to or not. Firstly, it
would be worthwhile to mention that the advertisement dated
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03.10.2023 for recruitment of Compounder/Nurse Junior grade
has been issued by the Department of AYUSH (Ayurveda,
Homeopathy, Unani) Rajasthan, Jaipur for their services in
Ayurveda, Homeopathy and Unani Departments. The
advertisement has been issued under Rajasthan Ayurvedic,
Unani, Homeopathy and Naturopathy Subordinate Services
Rules, 1966 (hereinafter referred as Rules of 1966). The
recruitment process, eligibility criteria, selection method, bonus
marks etc. are to be taken care of under the aforementioned
Rules of 1966. The order dated 25.04.2023 (Annexure 11) came
to be issued by the Department of Medical & Health (Group 3)
and the same was issued for giving its applicability for the direct
recruitment process of Rajasthan Medical and Health
Subordinate Service Rules, 1965 (hereinafter referred as Rules
of 1965) so as to give benefit to the candidates/aspirants by
awarding bonus marks to them. The order dated 25.04.2023
issued by the Department of Medical & Heath is related to the
recruitment process as would be initiated under the Rajasthan
Medical & Health Subordinate Service Rules, 1965 only and how
this order shall be made applicable to the other recruitment
process issued under the Rajasthan Ayurvedic, Unani,
Homeopathy and Naturopathy Subordinate Services Rules, 1966
is not comprehensible. Neither the Rules of 1966 related to
Ayurveda Subordinate services has any provision regarding
applicability of Rules of 1965 for Rajasthan Medical & Health
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Department nor is there any provision in the Rules of 1965
regarding pertinence of recruitment process of Medical & Health
Subordinate services making its applicability on the services of
Ayurveda subordinate services. Both the department are
different and their service rules are different even the Secretary
and Directors of both the departments are different and both
have distinct features and method of working then how the
order issued by Medical & Health Department can be made
applicable to the aspirants of recruitment process of Ayurveda
Department. Learned counsel for the petitioners have utterly
failed to convince this Court or to show any provision of law by
taking resort of which the order dated 25.04.2023 issued by
Medical & Health Department can be taken for providing bonus
marks to them under the recruitment process of AYUSH
department governable under the Rules of 1966. Maybe that the
petitioners have worked during the period between 22.03.2020
to 13.02.2022, they may have zealously rendered their services
as Yoga Instructors under the instructions of AYUSH Department
but they are not entitled to get the benefit of bonus marks
provided by order dated 25.04.2023 which was passed under
Rule 19 of Rajasthan Medical and Health Subordinate Service
Rules, 1965. There are two distinct subordinate service rules;
one for the department of Medical and Health and one for the
AYUSH and in the considered opinion of this Court; any order
issued by the other department under a distinct rule cannot
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benefit the petitioners. Had it been the case that an order
identical to the order dated 25.04.2023 got issued by the
Department of AYUSH, then the claim of the petitioners would
be taken as legitimate claim but in absence of issuance of any
order by the Department of AYUSH under Ayurveda Subordinate
Service Rules 1966, the relief claimed by the petitioners cannot
be granted.
9. After minutely observing that no order has been passed by
the Department of AYUSH regarding grant of bonus marks
similar to what have been issued by the Department of Medical
and Health dated 25.04.2023, now this Court is examining the
provisions under the Rules of 1966 in respect of awarding bonus
marks to the candidates under the recruitment process. There is
an express provision under Rule 19 of the Rules of 1966 and for
the convenience the same is being reproduced herein under:-
"Scrutiny of applications. - The Appointing Authority shall
scrutinize the applications received by it and require as many
candidates qualified for appointment under these rule as seem to
it desirable for interview:
Provided that in case of appointment to the post of Nurse
Compounder Junior Grade, the merit shall be prepared by the
Appointing Authority on the basis of marks obtained in such
qualifying examination specified in the Schedule appended to the
rules and bonus marks as may be specified by State
Government having regard to the length of experience on
similar work under the Government, Chief Minister BPL, Jeevan
Raksha Kosh, "National health Mission, Dr. Sarvepalli Radha
krishnan Rajasthan Ayurveda University, Jodhpur or any Ayush
Project in the state of Rajasthan run by the Government", as the
case may be. Provided further that the decision of the Appointing
Authority, as to the eligibility or otherwise of a candidate, shall be
final."
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A bare perusal of the Rule aforesaid reflecting that there is
also a provision of awarding bonus marks to the candidates for
which the State Government has to specify by passing an order in
this regard and which would be related to the length of experience
of the candidates on similar work under the Government, Chief
Minister BPL, Jeevan Raksha Kosh, National health Mission, Dr.
Sarvepalli Radha Krishnan Rajasthan Ayurveda University, Jodhpur
or any AYUSH Project in the State of Rajasthan. In this regard this
Court feels that as and when the State Government, as per Rule
19 of the AYUSH Subordinate Service Rules 1966 will specify the
manner of awarding bonus marks to the candidates falling under
the requisite categories then the deserving candidates shall be
entitled to get benefit of them but they are not entitled to get any
benefit in pursuance of the order dated 25.04.2023 issued by the
Department of Medical and Health under the Medical & Health
Subordinate Service Rules,1965 because of both being separate
departments and having separate/distinct governing rules. In view
of the above, it is held that there is no applicability of order dated
25.04.2023 issued by department of Medical and Health in respect
of the current recruitment process initiated vide advertisement
dated 3.10.2023 by AYUSH department and therefore the relief
claimed for cannot be acceded to in favor of the petitioners. Rule
19 of the Rules 1966 hereby manifestly states that the bonus
marks should be granted on the length of experience on "similar
work". It is clear from the above provision that the work of Yoga
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Instructors cannot be considered to be similar to
Nurse/Compounder until and unless it is proved that they worked
at the equivalent position and have done the same work as Nurse/
Compounder.
10. Since arguments have been raised on behalf of the
petitioners to say that the work done and services rendered by
them in the capacity of Yoga Instructors during the COVID period
are the same as of the Compounder/Nurse and therefore, on the
basis of the equality and nature of the work, they should also be
granted the same bonus marks as per Rule 19; therefore,
discussions with regard to the above plea is being made herein.
11. Ayurveda & Yoga complement each other but cannot
substitute each other as both have their own roots and origin from
which they have emerged. Although both of these operate towards
the common goal which is related to purify body of a human being
but the ways in which it works is totally distinct from each other.
The word "Ayurveda" is formed from two Sanskrit words "ayur"
which means life and "veda" means knowledge and when it comes
together it can be defined as "science of life". It is a traditional
system of medicine which has been originated in the Vedic times.
The knowledge about the body can be traced from "Charaka
Samhita" and "Sushruta Samhita" which describes the interrelated
systems of body and variations in human constitution. In ancient
times Ayurveda started with the knowledge of herbs which has
given solution for the ailment of different body parts and has
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included different types of salts which help in curing the whole
body; then "lepa" (coating) which can be applied on the body
parts and can be consumed at the same time to cure the diseases.
Over the period of time, Ayurveda has developed and have moved
forward from making medicines from combination of herbs and by
pounding them in a mortar to modern mechanism which includes
medicines in the form of syrups, tablets, capsules, chutney,
injections which can be injected directly to the body and can also
be infused in the body through intravenous infusion. The system
of Siddha, Unani and Tibbi is most commonly used by the
Ayurveda doctors and they only know what salts, herbs and
extracts to be used for a specific ailment or a disease; the
compounders and nurse working under the Ayurveda do have
cursorily knowledge of these things because of their experience.
When it comes to Yoga, it has been derived from a word "yuj"
which means to join or to unite. Vedas has explained Yoga as a
four-state process which is Bhakti yoga, Dhyana yoga, Karma
yoga and Gyana yoga which is connected to spiritual side and
creates perfect harmony between the soul, mind and the body by
performing different postures from which one can attain peace. It
includes physical work which can lead a person to self-realization.
Both of these are different in nature as Ayurveda has developed
itself from traditional medicine to modern science whereas Yoga is
a physical activity which ensures a bond between mind and body
in a composed manner. In doing Yoga activities, nothing is
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supposed to swallowed, drink, consumed or applied to the body
while the above same are the necessary concomitant of the
Ayurveda theory.
12. After perusing the record and pondering upon the
submissions and materials made available to this Court, it is
revealed that the petitioners were having the qualification of
Diploma in AYUSH Nursing and Pharmacy (DAN & P) as well as
registration with Rajasthan Ayurveda Nursing Council, Jaipur
(Annexure 2) along with internship certificates which makes them
eligible academically to fill the form. Assuming for a moment that
the petitioners too are entitled to get the bonus marks in respect
of the services performed by them during the COVID period still
they are required to prove that the services rendered by them
were similar to medical services and therefore they should also be
given the bonus marks as mentioned in order dated 25.04.2023.
Whether simply remaining on job and rendering services during a
particular period is sufficient or whether the petitioners are
required to establish the fact that the services performed by them
are similar is not a disputed question of fact since even a bare
perusal of the order dated 25.04.2023 making it abundantly clear
that not only the service period of the candidate but the nature of
work should also be the same. For ready reference the relevant
part of order dated 25.04.2023 is reproduced as under: -
ÞdksfoM ifjfLFkfr;ksa ds n`f"Vxr] dksfoM vof/k fnukad 22-3-2020 ls 13-2-2022 ds
nkSjku fofHkUu fpfdRldh; lsokvksa esa dk;Zjr jgs dkfeZdks a dks fo'ks"k ifjfLFkfr esa
dk;Z djus dks n`f"Vxr j[krs gq,] dkfeZd foHkkx dh vf/klwpuk 23-05-2022 ds
vuq:i le:i dk;Z ds vk/kkj ij fuEufyf[kr Jsf.k;ksa esa vkus okys
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lafonk@rnFkZ@vko';d vLFkkbZ vk/kkj ij vkj-,e-vkj-,l-
@IyslesaV ,tsUlh@,u-th-vks-@ih-ih-ih-@108@,e-,e-;w-@,e-,e-oh- ds ek/;e
ls dk;Zjr dkfeZdksa dks o"kZ 2023&24 ¼ekpZ-2024½ rd dh tkus okyh HkfrZ;ksa esa
of.kZr rkfydk ds vuqlkj la'kksf/kr cksul vad ns; gksaxs%&
1½ ,sls dkfeZd tks fd dksfoM vof/k ls iwoZ ls fu;qDr Fks rFkk ftuds }kjk
dksfoM&19 ds nkSjku 22 ekpZ 2020 ls 13 Qjojh 2022 ds nkSjku Hkh
lafonk@rnFkZ vko';d vLFkk;h vk/kkj ij dk;Z fd;k x;k gS rFkk orZeku esa
fujUrj dk;Zjr gS vFkok ugha gS] ,oa 2½ ,sls dkfeZd tks dksfoM&19 ds nkSjku 22
ekpZ 2020 ls 13 Qjojh 2022 ds nkSjku lafonk@rnFkZ vko';d vLFkk;h vk/kkj
ij fu;qDr gq, gS rFkk orZeku esa fujUrj dk;Zjr gS vFkok ugha gS dks o"kZ 2023
ls 31 ekpZ 2024 rd dh HkfrZ;ksa gsrq
lafonk@vko';d vLFkkbZ vk/kkj ij dk;Z vof/k Cksul vad
'ks"k leLr dkfeZd tks dksfoM vof/k ds nkSjku dk;Zjr ugha jgs gS vFkkZr fnukad
21-3-2020 rd gh dk;Zjr jgs gS vFkok fnukad 13-2-2022 ds i'pkr fu;qDr fd;s
x;s gS] dks vkns'k dzekad 1138 fnukad 15-11-2022 ds vuqlkj 10] 20 ,oa 30
cksul vad ns; gksaxsA
;g l{ke Lrj ls vuqeksfnr gSA
vkKk ls]
¼ujsUnz caly½
la;qDr 'kklu lfpoß
13. A perusal of the expression used in order dated 25.04.2023
fofHkUu fpfdRldh; lsokvksa esa dk;Zjr jgs dkfeZdks dks fo'ks"k ifjfLFkfr esa dk;Z djus dks
n`f"Vxr j[krs gq,] dkfeZd foHkkx dh vf/klwpuk 23-05-2022 ds vuq:i le:i dk;Z ds
vk/kkj ij talks about the nature of work performed by the
employees during COVID times. The word "le:i dk;Z" in itself
states that the nature of work should be
similar/alike/equivalent/kindred to the work of Ayurveda
Nurse/Compounder.
14. While going through the materials made available to this
Court by the parties, it is observed that the work done by the Yoga
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Instructors were to conduct yoga sessions every morning for 1
hour in AYUSH health and wellness centres and to conduct
campaigns, camps every month for 2 hours. Other than this, they
were involved in reporting and monitoring of medical services and
assisting compounders in their work. The work of
Nurse/Compounder is to keep the medicines organized and
equipment clean and to prepare a medicine regimen as prescribed
by the doctors; to perform enema, treatment of wound under the
prescription of doctors; to maintain complete records of medicines
received for drug storage and to provide assistance to the doctors
in operation. They can be called any time by the medical officer
for a treatment of a patient in emergency situations. The
Nurse/Compounder of the hospital are expected to have some
knowledge regarding the composition of salts/contents of salt in
the medicines or at least the name of the drug/medicine which is
to be given/infused to the patient. In the absence of a doctor, first
aid should be given to the patients with the common medicines
available in the dispensaries as per the given directory and to
perform various procedures of kshar sutra therapy and
Panchkarma. This work of nurse/compounders is not "ejusdem
generis" to the work of Yoga Instructors. There's a difference
between academically qualifying an exam; obtaining a
degree/diploma and practically doing a particular work in the field
and both cannot be equated and taken at par.
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15. According to the Directorate of Ayurveda Department,
Rajasthan, Ajmer, they have issued an office order dated 25.10.23
with regards to issuance of experience certificate to Yoga
Instructors. For ready reference the office order dated 25.10.2023
has been reproduced herein below: -
ÞjktLFkku&ljdkj
funs"kky; vk;qosZn foHkkx jktLFkku&vtesj
dzekad%i01@izfr&3@u0d0@fjDr in@Lohd`fr@2022@13794&95 fnukad 25@10@23
leLr mifuns"kd]
vk;qosZn foHkkx]
jktLFkkuA
fo'k;&;ksx izf"k{kdksa dks vuqHko izek.k i= ds laca/k esaA
mi;qZDr fo'k;kUrxZr ys[k gS fd funs"kky; ds /;ku esa vk;k gS fd dfri;
mifuns"kdksa@vk;qosZn fpfdRlkf/kdkfj;ksa }kjk ;ksx izf"k{kdksa dks vuqHko izek.k i= cuk;s tk
jgs gaS] tksfd jktLFkku vk;qosZfnd] ;wukuh] gksE;ksiSFkh ,oa izkd`frd fpfdRlk v/khuLFk lsok
fu;e&1966 ds fu;e&19 esa of.kZr izko/kkuqlkj ugha gSA
jktLFku vk;qosZn lsok fu;e&1966 ds fu;e&19 ds izko/kkuqlkj foKkfir
inksa ds fy, jkT; ljdkj] eq[;ea=h ch-ih-,y- thou j{kk dks'k] ,u-,p-,e- MkW- loZiYyh jk/
kkd`'.ku jktLFkku vk;qosZn fo"ofo|ky; tks/kiqj ;k ljkdj }kjk jktLFkku jkT; esa lapkfyr
dksbZ vk;q'k ifj;kstuk ds vUrxZr foKkfir in ds leku dk;Z ¼similar work½ ij
dk;Z djus dh vof/k ds vk/kkj ij vuqHko izkIr vH;FkhZ;ksa dks cksul vad ns; gSA
tcfd ;ksx izf"k{kd iq:'k@efgyk dh fu;qfDr iw.kZr;k ikVZ Vkbe] ekuns; ,oa LoSfPNd
lsok izd`fr dh gS] tks dsoy ek= ,d ?k.Vs ;ksxk vH;kl djkus gsrq fu;qDr gS] mDr ;ksx
izf"k{kd dk dk;Z foHkkx esa fu;qDr ulZ@dEik0 ds dk;Z ds leku dk;Z ugha gSA
vr% leLr mifuns"kdksa dks funsZf"kr fd;k tkrk gS jktLFkku
vk;qosZfnd] ;wukuh] gksE;ksiSFkh ,oa izkd`frd fpfdRlk v/khuLFk lsok fu;e&1968 ds
fu;e&19 izko/kkuqlkj ,oa foKkiu ds vuqlkj vuqHko izek.k i= l{ke Lrj ls iw.kZ ijh{k.k
mijkUr fu;ekuqlkj tkjh fd;s tkos] vxj fdlh vf/kdkjh }kjk fu;eksa ds fo#) tkdj
vuqHko izek.k i= tkjh fd;s tkrs gSa] rks ,sls vf/kdkjh ds fo#) fu;ekuqlkj dk;Zokgh dh
tkosxhA
¼MkW0 vkuUn dqekj "kekZ½
funs"kd
izfrfyfi&leLr vfrfjDr funs"kd laHkkx jktLFkku dks nsdj ys[k gS fd mDr laca/k esa
vko";d dk;Zokgh djkosA
funs"kdß
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It is clear from the above office order that bonus marks shall
be granted to those candidates having experience on the basis of
period of working on similar work to the advertised post under the
State Government, Chief Minister BPL, Jeevan Raksha Kosh,
National health Mission, Dr. Sarvepalli Radha Krishnan Rajasthan
Ayurveda University, Jodhpur or any AYUSH Project in the state of
Rajasthan run by the Government. In an unambiguous term, it is
stated in the order above that the work of Yoga Instructor is
completely a part time and is of voluntary service nature, who are
appointed only to conduct Yoga practice for one hour which is not
similar to the work of Nurse/compounder.
16. Undeniably, the petitioners worked during COVID times as
Yoga Instructors but the post on which they are applying is for
Nurse and Compounder for which they cannot be put at the same
level and therefore cannot be granted the bonus marks more
particularly in light of the order dated 25.04.2023 issued by
Medical & Health Department. The petitioners are demanding for
bonus marks during the period they served but the order dated
25.04.2023 was not issued by the Ayurveda Department rather it
was issued by the Medical and Health Department and therefore
does not apply on the petitioners and will only be applicable for
the candidates who would appear in the recruitment process under
the Medical and Health Department. The nature of job has also
been taken into consideration while deciding the matter. The office
order and the rule clearly states that "similar work" performed by
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the employee will get the bonus marks. Here in the case at hand,
the petitioners were appointed as Yoga Instructors and their work
cannot be treated similar, equal, alike to that of Ayurveda
Nurse/Compounder and therefore they are not entitled to get
bonus marks as per their claim.
17. In view of the discussion made herein above, the writ
petitions are disposed off in the following terms: -
A. The petitioners are entitled to get the experience
certificate of the work they performed during the
relevant period but for the experience on the post of
Yoga Instructors only. They shall be able to use the
same as and when it is required for that purpose.
Since, the experience certificate has been issued by the
department under the direction of this Court, therefore
no further order is to be passed in this regard. If the
experience certificate to any of the candidates hasn't
been issued yet despite the order of this Court, then it
shall be issued to those candidates immediately. The
interim order dated 01.11.2023 is made absolute
hereby.
B. The petitioners are not entitled to get the benefit of
bonus marks in accordance with the order dated
25.04.2023 issued by the department of Medical and
Health as the same is not applicable to the case of the
petitioners.
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C. The nature and kind of the work of Yoga Instructors is
different to the work of Ayurveda Nurse/Compounder
and therefore the petitioners are not entitled to raise
the claim of their work experience as Yoga Instructors
akin to the post of Ayurveda Nurse/Compounder.
D. If the State Government specifies any bonus marks as
provided under Rule 19 of the Rajasthan Ayurvedic,
Unani, Homeopathy and Naturopathy Subordinate
Service Rules, 1966, then the bonus marks shall be
awarded to the candidates as per the applicability of
the order and the work discharged by the candidates.
18. No order as to cost.
19. All the writ petitions along with stay petitions are disposed of
accordingly.
(FARJAND ALI),J
Mamta/-
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