LAWS(RAJ)-2021-6-89

MADAN MOHAN ARYA Vs. STATE OF RAJASTHAN

Decided On June 30, 2021
Madan Mohan Arya Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner has done BUMS i.e Bachelor in Unani Medicine and Surgery and submits that as the qualification for District Programme Co-ordinator-MMSCBY mentioned in the advertisement is MBBS/BHMS/BAMS, the petitioner's qualification also should be considered as he is Bachelor in one of the alternate medicines similar to homeopathy.

(2.) This Court in SBCWP No. 10342/2020: Raghvendra Agarwal and Ors. Versus State of Rajasthan and Ors. considered the similar issue where the petitioners therein demanded that their qualification of Homeopathy, Pharmaceutical and Unani should be included for the purpose of appointment as Community Health Officers and this court reached to the conclusion as under:-

(3.) This Court rejected the contention relying upon the judgments passed by the Supreme Court in the case of Mukul Kumar Tyagi Vs. State of UP and Ors. reported in (2020) 4 SCC 86 and in Zahoor Ahmad Rather and Ors. Vs. Sheikh Imtiyaz Ahmad and Ors. reported in (2019) 2 SCC 404 wherein the Supreme Court has held as under:-