VASUDEV KATARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition for writ is preferred to have a direction for the respondents to initiate the process of selection to fill-up the existing 574 vacancies pertaining to Ayurved Compounder/Nurse as per the provisions of the Rajasthan Ayurvedic, Yunani, Homeopathy & Naturopathy Subordinate Service Rules, 1966 (hereinafter referred to as "the Rules of 1966") and the Rajasthan Rural Ayurvedic, Yunani, Homeopathy & Naturopathy Subordinate Service Rules, 2008 (hereinafter referred to as "the Rules of 2008"). A direction is also claimed to allow relaxation in maximum age limit for a period of four years or more while making selections against 574 posts referred above.

(2.) IT is submitted by counsel for the petitioners that as per Rule 9 of the Rules of 1966 the respondents are required to determine year wise vacancies and further to make regular selections to fill-up the vacancies so determined. Rule 13 of the Rules of 2008, as per counsel for the petitioners, also prescribes for year wise determination of vacancies. To substantiate the relief claimed counsel for the petitioners has placed reliance upon the judgment of Hon'ble Supreme Court in State of Uttar Pradesh & Ors. v. Sangam Nath Pandey & Ors. [(2011)2 SCC 105]. Suffice to mention that in the case aforesaid Hon'ble Supreme Court was dealing with a case wherein 367 vacancies belonging to reserved category as backlog vacancies were declared as non- reserved vacancies by the Division Bench of Hon'ble Allahabad High Court. Hon'ble Supreme Court after considering the entire issue arrived at the conclusion that as a matter of fact the vacancies concerned were backlog vacancies. In such circumstances a direction was given to identify year wise vacancies and to fill- up the same expeditiously. While issuing the directions in the terms aforesaid Hon'ble Supreme Court referred the provisions of Section 3 of the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, that prescribes reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes and further to determine the reserved vacancies year wise. In the case aforesaid process of selection was already going on after determination of the vacancies.