Rajasthan High Court – Jodhpur
Seema vs State Of Rajasthan (2025:Rj-Jd:11288) on 27 February, 2025
[2025:RJ-JD:11288]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 409/2025
1. Seema D/o Bhagwanaram, Aged About 20 Years, R/o Plot No.
24, Veer Tejaji Nagar, Salawas Road, Sangariya, District
Jodhpur , Rajasthan.
2. Jay Shree Mali D/o Manohar Lal Mali, Aged About 22 Years, R/
o Ward No. 8, Beawar Road, Tehsil Asind, District Bhilwara,
Rajasthan .
3. Bharti Jangid D/o Kailash Chandra Jangid, Aged About 24
Years, R/o Purana Jorawarpura, Gulabpura (Rural), District
Bhilwara, Rajasthan.
4. Premlata Saini D/o Satyanarayan, Aged About 21 Years,
Hanuman Sagar, Alniyawas, Nagaur, Rajasthan
5. Ekta Choudhary, Aged About 20 Years, Dakshini Mohalla,
Bhalau Tibba, Churu, Rajasthan
6. Shrimohan Meena S/o Bhourilal Meena, Aged About 35 Years,
R/o Kaneti, Post Office Todabheem, Ist Karauli, Rajasthan
7. Manish Kumar Sharma S/o Sitaram Sharma, Aged About 37
Years, R/o Ward No.9, Twariyo Ka Mohalla, Khejoli, Khejroli,
Chomu, Jaipur, Rajasthan
8. Sushila Kumari Kumhar D/o Ramdeo Kumhar, Aged About 30
Years, R/o Chandma, Bhilwara, Rajasthan
9. Teena Kumar Gayari D/o Narayan Lal Gayari, Aged About 23
Years, R/o Moheda, Pratapgarh, Rajasthan
10. Khushi Nagda D/o Ghanshyam, Aged About 20 Years,
Raambhawali, Choti Sadri, Pratapgarh, Rajasthan
11. Monu Kumar S/o Rohitash, Aged About 21 Years, Ward No.5,
Kumawas, Jhunjhunu, Rajasthan.
12. Deepak Vairagi S/o Bhawar Das Vairagi, Aged About 21 Years,
Peyra, District Udaipur, Rajasthan.
13. Pooja Minda D/o Ramniwas, Aged About 26 Years, Nimbola
Kila, Degana, Nimbopla Kalan, District Nagaur, Rajasthan
14. Meenakshi D/o Bhishm Rupani, Aged About 21 Years, R/o 12,
Jagdamba Colony, Ganesh Mandir Ke Pass, Foy Sagar, District
Ajmer, Rajasthan.
15. Rahul Kumar Prajapat S/o Hanuman Prajapat, Aged About 24
Years, R/o Ward No, 1, Athuna Bass, Rajaldesar (Rural),
District Churu, Rajasthan
16. Astha D/o Bhagirath, Aged About 20 Years, Rohindi. District
Nagaur, Rajasthan .
17. Koushalya Verma D/o Chagan Lal, Aged About 28 Years, R/o
Bari, Dhod, District Sikar, Rajasthan
18. Sharwan S/o Jhumar Ram, Aged About 21 Years, Dhatarwalo
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Ka Bas, Kherapa District Jodhpur, Rajasthan.
19. Dipendra Solanki S/o Jetha Ram, Aged About 22 Years, R/o
Rupawaton Ka Bera, Keli Beri, District Jodhpur, Rajasthan
20. Ravi Meena S/o Jagdish Meena, Aged About 20 Years, R/o Po
Nanpur, District Karauli, Rajasthan
21. Pooja Sirohi D/o Javan Ram, Aged About 23 Years, R/o
Anandpur Kalu With Chak, District Pali, Rajasthan
22. Nandini Sharma D/o Rajesh Sharma, Aged About 20 Years, R/
o Bhandariyon Ki Pol, Bodon Ki Ghati, Nav Choukiya, Jodhpur,
Rajasthan
23. Mukesh Das S/o Bhagwan Das, Aged About 20 Years, Jingaro
Ka Was, Vtc, Siwana, Po Siwana, District Barmer, Rajasthan
24. Ravina D/o Rajendra, Aged About 20 Years, R/o 2,
Shyonathpura, Ganganagar, Rajasthan
25. Kuldeep Sharma S/o Ashok Kumar Sharma, Aged About 21
Years, R/o Main Road. Raiva Madhyamik School Ke Samne,
Khatwara, Bhilwara, Rajasthan
26. Dhapu D/o Pema Ram, Aged About 21 Years, 40, Bara 'nagar,
Salawas Road, Sangariya, District Jodhpur, Rajasthan
27. Akash Arora S/o Sunil Arora, Aged About 21 Years,
Govindgarh, District Alwar, Rajasthan
28. Anita Sharma S/o Radheshyam, Aged About 21 Years, House
No. 72, Main Road, Jharol, District Bhilwara, Rajasthan
29. Ishika D/o Rajendar Barupal, Aged About 20 Years, Ward No.
7, Raisinghnagar, District Ganganagar, Rajasthan
30. Gayatri Gehlot D/o Ratan Singh, Aged About 26 Years,
Rishikesh Nagar, New Nagaur Road, District Jodhpur,
Rajasthan
31. Akshita Sankhla D/o Shaitan Singh Sankhla, Aged About 26
Years, R/o 108/a, 5Th Road, Shakti Nagar, Paota C Road,
Jodhpur, Rajasthan
32. Himanshi D/o Nemi Chand, Aged About 25 Years, R/o 72,
Veer Tejaji Nagar, Sangariya, Salawas Road, District Jodhpur,
Rajasthan
33. Sunita Saini D/o Dinesh Kumar Saini, Aged About 26 Years,
Ward No. 2, Kaji Wali, Srimadhopur (Rural), District Sikar,
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through The Director, Department Of
Ayurveda, Government Of Rajasthan, Having Its Official
Address At Ashok Marg, Savitri College, District Ajmer,
Rajasthan
2. The Deputy Director, Department Of Ayurveda , Government
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Of Rajasthan.
3. Rajasthan Ayurveda Nursing Council, Through Its Registrar,
Having Its Address At Ayush Bhawan, Room No. 314-15,
Sector-26, Pratap Nagar, Jaipur, Rajasthan.
4. Directorate, Department Of Ayurveda, Government Of
Rajasthan, Jaipur.
5. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University
through its Vice Chancellor, having its address at Karvad,
Nagaur Road, Jodhpur Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vivek Firoda.
For Respondent(s) : Mr. NS Rajpurohit, AAG assisted by Ms.
Rakhi Choudhary.
Mr. Suniel Purohit.
Mr. YP Khileree
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
27/02/2025
Application (I.A. No.02/2025):-
For the reasons stated in the application, the same is
allowed. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved
University is impleaded as party respondent No.5 to the writ
petition.
Main Case:-
1. Petitioners herein before this Court are seeking a direction to
the respondents to permit them to participate in the selection
process for the post of Compounder / Nurse Junior Grade pursuant
to advertisement dated 10.12.2024 (Annex.6) while allowing them
to submit their respective internship certificates at the time of
document verification, if they fall in merit.
2. Briefly speaking, the relevant facts as pleaded in the petition
are that the petitioners participated in the counseling scheduled
for Ayush Nursing Diploma on 08.12.2021 and enrolled in said
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[2025:RJ-JD:11288] (4 of 6) [CW-409/2025]course. They are now at the final stage of said diploma,
undergoing their internship. Respondent No.4, vide advertisement
dated 10.12.2024, invited applications for the post of
Compounder/Nurse Junior Grade, requiring candidates who meet
the eligibility criteria by the last date of application. However, due
to the delayed commencement of the petitioners’ internship,
reportedly caused by the COVID-19 pandemic, they have yet to
complete their internship. As a result, they were held ineligible to
participate in the recruitment process, despite fulfilling all other
qualifications. Hence, this petition.
3. In the aforesaid backdrop, I have heard the rival contentions
and gone through the case record.
4. First and foremost, my attention has been drawn to two
judgments rendered by Coordinate Benches of this Court in
Kusum Paridwal Vs. State of Rajasthan & Ors.: S.B. Civil
Writ Petition No.11810/2021, decided on 02.09.2021 and
S.B. Civil Writ Petition No.2824/2022, decided on 10.03.2022,
wherein similar controversy has been put to rest, relevant parts of
which, read as under :-
Kusum Paridwal
“14. Admittedly, petitioners have not completed their
internship so far and process of document verification is
commencing from first of September, 2021. By the date of
document verification, neither will their internship be over nor
can they get a degree of BAMS.
15. It is a settled proposition of law that eligibility of
candidates including educational qualification has to be
considered as on the date of submission of application form or
as has been indicated in the recruitment notification.
16. The petitioners having taken part in the recruitment
process cannot challenge the condition mentioned in the
advertisement and pray that the relevant condition be relaxed(Downloaded on 14/03/2025 at 10:22:25 PM)
[2025:RJ-JD:11288] (5 of 6) [CW-409/2025]by 2-3 months or the document verification be deferred till they
complete their internship.
17. In the opinion of this court, but for the leverage given in
the advertisement permitting the final year students to take part
in the recruitment process, the relevant rules of the
advertisement require BAMS degree. Merely because the State
has given an indulgence to the final year students, petitioners
cannot claim further indulgence that either the document
verification be postponed or the condition be relaxed.
18. According to this Court, unless a person completes his
internship and obtain BAMS degree from the University, he/she
is not eligible/entitled to be appointed as Ayurved Medical
Officer. Hence, the condition of producing proof of completing
BAMS at the time of document verification is a valid
condition.”
Ramesh Chandra Ninama
“A bare perusal of the record indicates that the petitioner had
obtained eligibility qualification on 26.08.2021, whereas the
last date of application was 23.07.2021.
The Division Bench of this Court in the case of Zaiba
(supra), while dealing with identical issue pertaining to the
Department of Medical & Health, inter-alia, came to the
conclusion that in the recruitment of present nature, wherein the
marks are to be awarded based on the qualification, the
candidates have to be qualified on the last date of application
and the direction given by the learned Single Judge for taking
the date of document verification as the last date for eligibility,
was set-aside.
The issue raised in the present writ petition is squarely
covered by the judgment in the case of Zaiba (supra).
So far as reliance placed on advertisement for
recruitment of Ayurved Medical Officer (Annex.9) is concerned,
the same appears to be contrary to the law laid down in the
case of Zaiba (supra). However, the mere fact that the
respondents have violated the law laid down by this Court in the
case of Zaiba (supra), cannot be a reason for the petitioner to
invoke Article 14 and seek a similar treatment to that of Ayurved
Medical Officer’s recruitment.
In view of the above discussion, no case for interference
is made out in the writ petition. The same is, therefore,
dismissed.”
5. On a Court query put to the learned counsel for the
petitioners, he candidly admits that the date of the academic
qualification borne on the certificate to be issued would be
subsequent to the cut-off date as per the advertisement, as the
certificate has not been issued to the petitioners till date.
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6. It transpires that the petitioners, at the time of applying for
the post in question pursuant to the advertisement dated
10.12.2024, were still doing their internship after completing the
classroom coaching. It is also a conceded position that the
internship is an integral part of the academic course, and it is only
upon completion of the internship that the certificate in the
Diploma Course in AYUSH Nursing and Pharmacy is issued.
7. Being so, since petitioners did not have the requisite
academic qualifications/certificate as on the cut-off date, are held
to be ineligible to be considered for the post in question. Accepting
their academic qualification post cut-off date, would result in
hostile discrimination towards those who are similarly situated and
did not rightly apply for the post, thinking that they were not
eligible.
8. In the premise, no grounds to interfere.
9. Dismissed.
10. All pending application(s), if any, stand disposed of.
(ARUN MONGA),J
63-/Jitender-Sumit//-
Whether Fit for Reporting:- Yes / No
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