CW/14419/2008 of BHAGWAN SINGH Vs STATE OF RAJ AND ORS on 22 December 2008

//1//

In the High Court of Judicature for Rajasthan Jaipur Bench **

Civil Writ Petition No.14419/2008

Bhagwan Singh Versus State & (2) Ors.

Date of Order ::: 22/12/08

Hon'ble Mr. Justice Ajay Rastogi

Mr. Vigyan Shah for Mr. Mahendra Shah, for petitioner Instant petition has been filed with thegrievance that despite the petitioner havingqualified in screening test held for the post ofUnani Chikatsak pursuant to advertisement dt.20/09/07 (Ann.1), his candidature has not beenfairly considered.

Petitioner is a member of ScheduledCaste category. Against 30 vacancies of UnaniChiktsak notified vide advertisement dt.20/09/07(Ann.1), 12 vacancies were reserved for membersof Scheduled Caste category. He claiming himselfas eligible applied for a post of Unani Chiktsakreserved for SC category and appeared in thescreening test in which amongst others, he isone of applicants who qualified, as well; butwas not allowed to appear in the interview heldon 18/12/08 on the premise that on the date ofinterview, he failed to furnish his degree ofBUMS (Unani).

However, minimum qualification for thepost of Unani Chiktsak, as per advertisement

//2//

(Ann.1) under Rajasthan Ayurvedic, Homeopathic &Unani Service Rules, 1973 (“Rules, 1973”) is ofhaving possessed a degree of Bachelor of UnaniMedicine & Surgery (“BUMS”), which undeniablypetitioner is not possessing on the date ofinterview as his internship is going to becompleted in February, 2009.

In the advertisement (Ann.1), it wasspecifically notified that the incumbent, ifqualified in the screening test, has to furnishrequisite degree of academic qualification viz.BUMS (Unani) on the date of interview, itself.Interviews were held on 18/12/08 when petitionerfailed to furnish his degree of BUMS (Unani) asasked for vide letter dt.11/11/2008 (Ann.7), hewas not permitted to appear in the interview. Atthis stage, legal notice dt.08/12/08 (Ann.8) wassent to concerned authorities seeking relaxationin the requirement of internship training and totreat him eligible for the post of UnaniChiktsak. Same kind of representation dt.18/12/08 (Ann.9) was also sent to the Secretary,RPSC, for permitting him to appear in theinterview held on 18/12/08.

Counsel inter-alia submits that whenlesser number of persons against reservedcategory of Scheduled Caste were considered for the post of Unani Chiktsak on the date ofinterview held on 18/12/08 and petitioner wasone of reserved category applicants of ScheduledCaste duly qualified in the screening test, itwas not justified for respondents still todisqualify him from participation in the processof selection pursuant to advertisement (Ann.1).Submission made by Counsel is without any meritfor the reason that all the applicants whoparticipated in process of selection pursuant toadvertisement (Ann.1) were called upon tofurnish their degree of BUMS (Unani) havingcompleted their academic qualification on thedate of interview (18/12/08), on which date,undeniably petitioner failed to complete hisinternship of degree of BUMS (Unani) which iscertainly an integrated course; as such he wasconsidered to be in-eligible on the date ofinterview. In the opinion of this Court, theRPSC has not committed any error in notpermitting him to appear in participation ofprocess of selection pursuant to advertisement(Ann.1).As regards claim of relaxation U/r 37 ofRules, 1973, suffice it to say that one canclaim relaxation only in respect of age orrequisite experience, and not for internship,

//4//

which is an integral part of course of requisiteacademic qualification for the post of Unani Chiktsak, (degree of BUMS-Unani), which makes anapplicant eligible. R.37 of Rules, 1973, as referred to by Counsel has not application inthe facts of instant case.

Consequently, writ petition fails and is hereby dismissed.

(Ajay Rastogi), J.

K.Khatri/p.4/14419CW08-2212.doc