CHANDAR PRAKASH GUNAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The writ petition is listed on the application under Order 1 Rule 10 CPC for impleadment. Learned counsel for the applicants Shri Sandeep Saxena submits that due to interim order of this Court, he applicants are not getting appointment to the post of Ayurvedic Chikitask as otherwise they were in reserve list. The interim order is to accept the joining of the petitioner/s on the post of permit him/them to undergo the post graduation course. Petitioner/s could not join the service during the course of higher study thus, approached this Court and by virtue of interim order gave her/his/their joining while pursuing to the course. As per circular of the Government, maximum period for extension to join the service is of 6 months. The period aforesaid has also passed. Thus, by virtue of the interim order, rights of the applicants are affected. It is more so, apart from interim order pendency of three writ petitions is also affecting them. There is no stay order, yet three posts have been kept vacant and not filled by the respondents.

(2.) The application is seriously opposed by the learned counsel for the petitioner/s who submits that issue involved in the present matter has no lis with the applicants. The petitioner/s herein is/are one who was/were pursuing the PG Course and appeared for selection to the post of Ayurvedic Chikitisak. He/they has/have been selected and given appointment. Since petitioner/s is/are pursuing study thus, cannot effectively work with the respondents. Thus, filed this writ petition to accept the joining and allow kind of leave or extend the joining period. The similar writ petitions have already been allowed and accordingly, interim order was passed in favour of the petitioner/s. The applicants are not in merit so as to compare their position with the petitioner/s and otherwise, the lifetime of the select list has already expired thus, claim based on it by the applicants is not tenable. It is further prayed that keeping in mind the acceptance of Similar writ petition by this Court, the matter itself may be disposed of. It is more so when few petitioners, have even completed the PG Course and joined the service and are physically working.

(3.) With the consent of the parties, petitions were heard finally.