NISHANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these writ petitions raise identical question of fact and law therefore they have been heard together and are being decided by this common judgment.

(2.) Petitioners have approached this court with the prayer that Note No.1 below condition No.2 of the advertisement dated 18/9/2009 issued by the Rajasthan Public Service Commission (for short, "RPSC") for appointment on the post of Medical Officer be declared illegal, arbitrary, violative and ultravires of Articles 14 and 16 of the Constitution of India and that respondent-RPSC be directed to consider candidature of the petitioners for appointment on the post of Medical Officer against the advertisements dated 18/9/2009 and 13/10/2010 on the basis of their result of written examination declared on 24/10/2010 by allowing them to appear in interview by not considering/ignoring condition prescribed in Note (2) of Condition No.2 of the advertisement dated 18/9/2009 and appoint them with all consequential benefits.

(3.) Factual matrix of the case is that all the petitioners have qualified their M.B.B.S. Examination and they are presently undergoing the Compulsory Rotating Internship for a period of 12 months in terms of Clause 268(d) of the University Ordinance. Petitioners would complete their internship in two batches. While the first batch would complete such internship on 17/3/2011, another batch would complete this on 26/3/2011. The examinations for appointment on the post of Medical Officer were held by the RPSC on 5/10/2010 and thereafter interviews commenced from 12/1/2011 and would continue upto 14/2/2011. Explanation given by the RPSC below Note (2) of the advertisement dated 18/9/2009, inter-alia provides that for being eligible, a candidate must have completed rotating internship till the date of interview. Petitioners are aggrieved by that condition because according to them, if this period is further extended upto the date of completion of their internship; in other words, on completion of 12th month of their compulsory rotating internship respectively on 17/3/2011 and 26/3/2011, they would also be eligible and therefore would be entitled to compete for appointment against advertised posts.