JAYANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These intra-court appeals have been filed assailing the legality of the order dated 23.1.2004 passed by the learned Single Judge dismissing the writ applications seeking urgent temporary appointments under Rule 27 of the Rajasthan Ayurvedic, Unani Homoeopathy and Naturopathy Service Rules, 1973(hereinafter to be referred as the 'Rules of 1973').

(2.) Petitioners applied for appointment pursuant to advertisement dated 15.9.1992. 59 posts were advertised to be filled in on urgent basis as it was not possible to fill in the posts immediately either by direct recruitment or by promotion under the Rules of 1973. In such a situation, Rule-27 of the Rules of 1973 was invoked to issue the aforesaid advertisement by the State Government. As per Rule-27, such appointment will not be continued beyond a period of one year without referring to the Commission for concurrence where such concurrence is necessary and shall be terminated immediately on its refusal to concur. The appointments made were to be discontinued on the availability of the regularly selected candidates under the Rules.

(3.) On the basis of the advertisement which was issued for 59 posts, 77 35 appointments were given on urgent temporary basis and 14 other persons were also given appointments similarly on the basis of the orders passed by the court in their favour, these 14 persons were from earlier batch. One more appointment of Rini Khandelwal was made. The Petitioners submitted that 100 posts were decided to be filled in vide order dated 13.12.1993 pursuance to a fresh advertisement which was issued inviting the applications for urgent temporary appointments under Rule-27 of the Rules of 1973. It was notified that those who had already applied and placed in the merit list, there was necessity for them to apply again, however, appointments were not made.