LAWS(RAJ)-2022-2-315

REENA JAIN Vs. STATE OF RAJASTHAN

Decided On February 18, 2022
REENA JAIN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the interim order dtd. 7/9/2021 passed by the learned Single Judge by which the application for grant of interim relief has been disposed of in the manner that the selections would be subject to final outcome of the writ petition.

(3.) Learned counsel for the petitioners would submit that though the petitioners sought a direction for 50% of the vacancies available on the post of Assistant Professor should not be allowed to be filled up by the direct recruitment, the learned Single Judge swayed by the provision contained in sub-rule (7) of Rule 25 of the Employment (Recruitment and other Conditions) Rules, 2017 (for short, 'the Rules of 2017') holding that the petitioners are not eligible unless they complete four years of working experience, has denied the relief as prayed for in the application. Referring to the provisions contained in Rule 24 of the Rules of 2017 and the schedule appended to the rules as also the minimum standards of qualifications and experience as prescribed by the Medical Council of India, it is argued that the appellants are eligible for being considered for promotion without their being any requirement of them having completed four years of service as Senior Demonstrator.