Rajasthan High Court – Jaipur
Dhruv Singh S/O Parashuram vs State Of Rajasthan (2025:Rj-Jp:932) on 7 January, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:932]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10853/2023
1. Dileep Kumar Trivedi S/o Ramavatar Trivedi, Mariya
Modern School Ke Pas, Chitrakoot Nagar, Jaipur Marg,
Gangapur, Dist.- Sawaimadhopur
2. Girraj Prasad Khandelwal S/o Chiranji Lal, Khirni, Tehsil
Malarana, District Sawaimadhopur- 322024
3. Dinesh Chandra Chaturvedi S/o Shri Babu Lal Sharma,
Anand Colony, Opp. P.G. College Dausa (Raj.) - 303303
4. Ramniwas Sharma S/o Shri Ramswaroop Sharma, R/o
Tehsil Sarmathura, District Dholpur
5. Rajesh Kumar Gupta S/o Shri Devki Nandan, Adarsh
Colony, Govind Garh Road, Tehsil- Seekri Chak No.1,
Distt.- Bharatpur- 321024
6. Ajay Kumar Sharma S/o Banwari Lal Sharma, E-
71,mohan Nagar Hindaun City, Hindaun, Karauli
7. Harish Tikkiwal S/o Radha Mohan Tikkiwal, R/o 2/l/104,
Indra Gandhi Nagar, Jaipur
8. Ram Dulare Sharma S/o Gangadhar Sharma, R/o 81,
Maharajpur, Sahedi, Dholpur
9. Radha Mohan Sharma S/o Shri Ramji Lal Sharma, Kacheri
Road, Narsingh Colony, Gangapurcity, Distt.-
Sawaimadhopur
10. Ravishankar Sharma S/o Jagdish Prasad Sharma,
190/129, Sector-19, Pratap Nagar, Sanganer,jaipur-
302011
11. Madhusudan Gautam, S/o Ram Kishore Gautam, Ganesh
Colony, Lalsot, Dausa-303503
12. Pawan Kumar Sharma S/o Chiranji Lal Shastri, R/o Behind
Krishi Upaj Mandi Ward No.18, Sikar
13. Ramakant Sharma S/o Mahendra Kumar Sharma, R/o
Ward No.22, Mahamandir Road, Laxmi Apartment Ke
Peeche, Sikar
14. Mahesh Chandra Sharma S/o Shri Babulal Sharma,
Khatnawali, Dehgaon, Bayana, Bharatpur-321401
15. Madan Mohan Sharma S/o Shri Ramjilal Sharma, Village-
Amawara, Amaragarh, Dist- Sawai Madhopur (Raj.)
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-322212
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Ayurved Department, Secretariat, Jaipur.
2. Deputy Secretary, Ayush Department, State Of Rajasthan,
Secretariat, Jaipur.
3. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur-Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
----Respondents
Connected With
S.B. Civil Writ Petition No. 10858/2023
1. Mukesh Kumar Sharma S/o Babulal Sharma, VPO-
Mandawari, Dausa
2. Hari Om Sharma S/o Shri Ram Swaroop Sharma, Dr. Hari
Charan Wali Gali, Shivpuri-B, Gangapur, Sawaimadhopur
3. Mangilal S/o Shri Digambal Lal, Nayagaon Mafi, Pali,
Bharatpur-321601
4. Anuj Kumar Garg S/o Shri Amarchand Garg, Village And
Post- Gulpara, Distt.- Bharatpur
5. Narottam Lal Sharma S/o Shri Prabhu Lal Sharma, Village
Kishorpur, Post Pavata Gaddi, Teh- Wazirpur Gangapur
City, Dis Sawaimadhopur
6. Praveen Kumar Dave S/o Shri Badri Narayan Dave, 981
Pitra Chhaya, Gyan Nagar, Hiran Magri, Sector No.4,
Manwa Khera Udaipur (Raj.) – 313002
7. Raj Kumar Gautam C/o Rajkumar, Ward No.10,
Neemsara, Kota
8. Neeraj Kumar Sharma S/o Shri Om Prakash Sharma, C-
17, Riddhika Nagar, Distt.- Baran- Rajasthan
9. Kanhya Lal Sharma S/o Shri Ghanshyam Sharma, A-167,
Krishna Nagar, Tripoliya Bazar, Brampuri Road, Jaipur
10. Jagdish Prasad Sharma S/o Late Shri Gaya Prasad
Sharma, 124, Near Ram Mandir, Ward No. 16, Nasia
Colony, Gangapur, Distt.- Sawaimadhopur (Raj.)-322201
11. Mahendra Kumar Kedawat S/o Shri Ram Karan Gupta, 18,
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Nand Bhawan, Main Choraha, Jaisinghpura, Lalwas, CRPF
Camp, Lalwas, Jaipur 302027
12. Jitendra Sharma S/o Shri Har Prasad Sharma, R/o
Shringar Chawari, Bihariganj, Ajmer (Raj.)
13. Kapil Dev Sharma, S/o Shri Damodar Prasad Sharma,
182, Court Road, Gangapurcity, Distt.- Sawaimadhopur
(Raj.)
14. Pralayankar Naryayan Agarwal S/o Shri Prahlad Narayan
Agarwal, Gitalok, Keshavrajji Ki Gali, Bhagwatgarh, Sawai
Madhopur
15. Brij Nandan Jaimini S/o Shri Kistur Chand, Ward No.3,
Kalyanji Ke Mandir Ke Pas, Gangapur City, Gangapur,
Sawai Madhopur
16. Anil Kumar Jain S/o Bharat Bhushan Jain, 423, Scheme
No. 10, Vivek Vihar Alwar (Raj.)
17. Kaushal Kishor Sharma S/o Late Chhitar Mal Sharma, R/o
F-4 Surya Nagar, Alwar
18. Deendayal Sharma S/o Ramkishor Sharma, R/o
Phulawara, Wazeerpur, Sawai Madhopur
19. Arvind Kumar Gautam S/o Prem Prakash Gautam, R/o
Kawaspura Puliya Ke Pas, Nathkeda, Antah, Baran
—-Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary
Ayurved Department, Secretariat, Jaipur.
2. Deputy Secretary, Ayush Department, State Of Rajasthan,
Secretariat, Jaipur.
3. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur-Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
—-Respondents
S.B. Civil Writ Petition No. 10860/2023
1. Shri Suresh Chand Lawania, S/o Shri Yadram Lavaniya,
Pandey Mohalla, Deeg, Distt.- Bharatpur (Raj.)- 321203
2. Dr. Kamlesh Kumar Sharma S/o Shri Rameshwar Prasad
Sharma, Plot No. 106, Ganesh Vihar, Agra Road, Jamdoli
Jaipur.
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3. Ramnaresh Singh S/o Shri Keshar Singh, Vpo- Nadoti,
Ramlala Mandir Ke Pas, Rajput Mohalla, Distt. – Karauli
(Raj.)-322215
4. Dinesh Kumar Sharma S/o Shri Radheyshyam Sharma,
Village And Post- Patalbas Rajpura, Tehsil-Bassi, Distt.-
Jaipur
5. Mahaveer Prasad Jain S/o Shri Jagmohan Lal Jain, Vpo-
Kishorpura, Tehsil- Lalsot, Distt.- Dausa-303504.
6. Subhash Chandra Sharma S/o Shri Sitaram Sharma,
Jagdamba Colony, Jamat, kothun Road, Tehsil Lalsot,
Distt.- Dausa (Raj.)-303503
7. Jagdish Prasad Sharma S/o Shri Ramesh Chand Sharma,
Village And Post- Bichpuri, Distt.- Sawaimadhopur
8. Brij Mohan Sharma S/o Shri Laddu Lal Sharma, Ganwda,
Tehsil- Sapotra, Post Eakat Dist Karauli,
9. Devendra Kumar Sharma S/o Babulal Sharma, Halwai
Mohalla, Kumher, Distt.- Bharatpur (Raj.)-321201.
10. Nand Kishore Tiwari S/o Shri Dwarika Prasad Sharma,
Village- Khadraya, Post- Bhaiseena, Tehsil- Bhusawar,
Distt.- Bharatpur (Raj.) – 321615
11. Prem Shankar Sharma S/o Gangaram Sharma, VPO-
Liwali, Tehsil- Bamanwas, Distt.- Sawimadhopur-322211
12. Jitendra Sharma S/o Shri Har Prasad Sharma, Shringar
Chawari, Bihari Ganj, Ajmer (Raj.)
—-Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary
Ayurved Department, Secretariat, Jaipur.
2. Deputy Secretary, Ayush Department, State Of Rajasthan
Secretariat, Jaipur.
3. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur-Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
—-Respondents
S.B. Civil Writ Petition No. 11595/2023
1. Nagendra Kumar Goyal S/o Laxminarayan Goyal, Aged
About 53 Years, R/o Plot No. 206, Bhagwati Nagar Ist,
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Kartarpura, Jaipur, Rajasthan.
2. Giriraj Prasad Sharma S/o Shyam Sunder Sharma, Aged
About 53 Years, R/o VPO Chakeri, Tehsil And District
Sawaimadhopur, Rajasthan.
3. Dinesh Kumar Sharma S/o Brij Mohan Vyas, Aged About
54 Years, Resident Of Nangal Bharda, Tehsil Chomu,
District Jaipur, Rajasthan.
4. Sanwar Mal Sharma S/o Jagdish Prasad Sharma, Aged
About 54 Years, R/o Plot No. 861, Khoja Ki Dhani,
Kaladera, Jaipur, Rajasthan.
5. Ashok Kumar Sharma S/o Suwa Lal Sharma, Aged About
54 Years, R/o A-13, Shree Ganesh Vihar, Sirsi Road,
Meenawala, Jaipur, Rajasthan.
6. Suresh Kumar S/o Jainarayan Sharma, Aged About 53
Years, R/o Gadha Marg, Ganga Mata Mandir Ke Pass,
Chaudhary Colony, Didwana, District Nagaur, Rajasthan.
7. Krishan Kumar Sharma S/o Prakash Chandra Sharma,
Aged About 54 Years, R/o Vpo Udaipuria, Tehsil Chomu,
District Jaipur, Rajasthan.
8. Ramawtar Sharma S/o Shrikrishna Sharma, Aged About
54 Years, R/o Village Ramgatta, Post Tankerda, Tehsil
Amber, District Jaipur, Rajasthan.
9. Mahesh Kumar Sharma S/o Bhagirath Prasad, Aged About
54 Years, R/o Plot No. 170/166, Shri Ram Nagar,
Vishwakarma R. No. 17, Jaipur, Rajasthan.
10. Vinod Kumar Sharma S/o Mahadev Prasad Sharma, Aged
About 53 Years, R/o B83A, Hasinapur Maharana Pratap
Margh, Panchyawala, Vaishali Nagar, Jaipur, Rajasthan.
11. Kailash Dutt Sharma S/o Mahesh Dutt Sharma, Aged
About 54 Years, R/o H. No. 420, Keshavpura, Kota,
Rajasthan.
—-Petitioners
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur-Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
2. Deputy Secretary, Ayush Department, State Of Rajasthan,
Secretariat, Jaipur.
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3. The Director, Ayurved Department, Directorate, Ajmer.
—-Respondents
S.B. Civil Writ Petition No. 11597/2023
Raghuvar Dayal Sharma S/o Radhey Shyam Sharma, Aged About
53 Years, R/o Vpo Morda, Tehsil Todabhim, District Karauli,
Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Ayurved Department, Govt. Secretariat, Rajasthan,
Jaipur.
2. Deputy Secretary, Ayush Department, State Of Rajasthan,
Secretariat, Jaipur.
3. The Director, Ayurved Department, Directorate, Ajmer.
4. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur-Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
—-Respondents
S.B. Civil Writ Petition No. 14342/2023
1. Dhruv Singh S/o Parashuram, R/o Village Jaicholi, Tehsil
Uchain Dist- Bharatpur
2. Pawan Kumar Tailor S/o Deepchand Tailor, R/o Ward No.
14, Thoi, Tehsil Shri Madhopur, District Sikar.
3. Ghanshyam Saini S/o Birbalram Saini, R/o Dhani Chena
Kawali, Rampura, Tehsil Shri Madhopur, District Sikar.
—-Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary
Ayurved Department, Secretariat, Jaipur.
2. Deputy Secretary, Ayush Department, State Of Rajasthan
Secretariat, Jaipur.
3. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Kadwad, Jodhpur- Nagaur Highway Road,
Jodhpur-342037 Through Its Vice-Chancellor
—-Respondents
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For Petitioner(s) : Mr. Rishabh Khandelwal
Mr. Ram Pratap Saini
Mr. Aamir Khan
Mr. Asgar Khan
For Respondent(s) : Mr. Vishesh Sharma
Ms. Pragya Seth
Mr. Somitra Chaturvedi, Dy. G.C.
HON’BLE MR. JUSTICE SAMEER JAIN
Order
07/01/2025
1. Present petition is filed with the following prayers:
“(i) Pass an appropriate Writ, Order or Direction,
directing that the age relaxation benefit of 5 years for
already working Contractual Ayurvedic Chakastaks under
NHM Scheme, as provided under condition No.12 of the
advertisement shall be in addition to the other age
relaxation benefit conditions as provided in the
advertisement no.2/2023.
(ii) Pass an appropriate Writ, Order or Direction, setting
aside condition no. 1 of the notes in the Advertisement
No.2/2023, whereby the age relaxation benefits have
been made as non-cumulative, i.e. only one age
relaxation benefit condition shall be available to a
Candidate.
(iii) Pass an appropriate Writ, Order or Direction,
directing the Respondents to allow the petitioners to
participate in the Selection Process for Ayurvedic
Chikitsak and appoint the petitioners on the posts of
Ayurvedic Chikitsak, if selected in the merit list,
pursuant to the advertisement.
(iv) Alternatively, Pass an appropriate Writ, Order or
Direction, directing the Respondents to remove/relax the
upper age limit criteria of less than 45 years on
1.1.2024 as fixed under the Advertisement for the
continuously working Ayurvedic Chikitsaks as
Contractual appointees under the National Rural Mission
Scheme, appointed through a Public Advertisement.
(v) Any other appropriate writ, order or direction as may
be deemed just and proper in the facts and(Downloaded on 18/01/2025 at 12:06:46 AM)
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the petitioner.”
2. Learned counsel for the petitioners has submitted that
present selection process was in accordance with the rules and
provisions enshrined under The Rajasthan Ayurvedic, Unani
Homeopathy and Naturopathy Service Rules, 1973. It is further
submitted that the dispute in the instant matter pertains to the
non-grant of relaxation (cumulative) under the relevant Rules.
3. It is further submitted that in the dispute pari materia
to the instant matter, wherein under the Rules of 1973 and same
set of terms and conditions of the advertisement qua appointment
for the post of Unani Medical Officers, in terms of advertisement
No. 4/2023, the Co-ordinate Bench of this Court at Principal seat,
Jodhpur, has resolved and allowed the writ petition.
4. Learned counsel for the respondents has submitted that
the Alsa Ram Meghwal Vs. RPSC & Ors. passed in D.B. SAW
No.1141/2008 decided on 29.04.2016 is per incurrium, as
Division Bench has not considered the judgment passed by the
Co-ordinate Bench of this Court in Dr. Mohd. Yunus vs State of
Rajasthan And Ors., registered in S.B. Civil Writ Petition No.
16633/2023.
5. Learned counsel for the State has submitted that after
passing of the judgment in the case of Dr. Mohd. Yunus
(supra), Division Bench in S.B. Civil Writ Petition
No.6735/2024 titled as Ghanshyam Das Vijay Vs. Rajasthan
High Court and Anr., has also considered the similar issue while
adjudicating the dispute qua recruitment on the post of Civil Judge
cadre.
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6. Learned counsel for the private respondent has
submitted that the matter was duly considered and Co-ordinate
Bench of this Court vide order dated 27.09.2023 in the case of Dr.
Dayaram Saran and Ors. Vs. State of Rajasthan in S.B. Civil
Writ Petition No.13782/2023, has decided the issue wherein
the dispute in the selection process was pertaining to the post of
Ayurvedic Medical Officers.
7. Heard and considered.
8. Considering the facts and circumstances of the instant
matter, considering the arguments advanced by the learned
counsel for the respective parties, and upon a perusal of the
records, this Court has made the following observations:-
8.1. That the fact that judgment of Dr. Mohd. Yunus
(supra) was passed considering the rules and provisions of The
Rajasthan Ayurvedic, Unani Homeopathy & Naturopathy Service
Rules, 1973 under the advertisement No.4/23.
8.2. That the dispute in the instant matter pertains to the
same set of rules and facts as that in Dr. Mohd. Yunus (supra).
8.3. That the said advertisement No.4/23 had identical set
of terms and conditions pari materia to the present advertisement,
wherein Co-ordinate Bench of this Court at Principal seat, Jodhpur,
while interpreting the same had passed an order.
8.4. That the judgment in Dr. Dayaram Saran (supra) as
cited by private respondents was duly considered and cited in the
para-7 by the Court in Dr. Mohd. Yunus (supra).
8.5. That the judgment cited by State and the Selection
Board pertains to the different selection i.e. qua the Civil Judge
cadre and other one pertains to Senior Technical Gram Sewak
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under the Rules of 1973, therefore the same has distinct factual
matrix as that of instant petition.
8.6. That following the principle of judicial discipline, on the
same set of facts and terms and conditions and Rules of 1973, if
the dispute is already adjudicated the same shall have binding
effect. Moreover, against the order of Dr. Mohd. Yunus (supra),
respondents have filed an appeal and the same is pending at the
Principal seat, Jodhpur.
9. Accordingly, following the principle of judicial discipline
as observed above, the present petitions are allowed in the same
terms as held in Dr. Mohd. Yunus (supra). Pending applications,
if any, stand disposed of.
(SAMEER JAIN),J
JKP/8-13
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