DEEPAK NAJKANI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Writ petition No. 689/2013 has been filed by petitioners, namely, Dr. Deepak Najkani, Dr. Sanjay Choudhary, Dr. (Mrs.) Asma Khan, Dr. Sangeeta Saini and Dr. Arvind Kumar Kumawat, for quashment of selection made by respondent Rajasthan Public Service Commission on the basis of interview on the post of Homeopathic Chikitsak pursuant to advertisement No. 4/2010-11. Further prayer is made for quashment of selection of respondents No. 3 to 8 on the said post pursuant to aforementioned advertisement, with a direction to respondents to declare the petitioners to be duly selected on the said post or, in alternative, to hold fresh interview by giving weightage to the marks obtained in written examination confining the marks for interview only upto 15%. Writ petition No. 9392/2013 has been filed by petitioner Praveen Kumar for a direction to respondents to consider his candidature for appointment on the post of Homeopathic Chikitsak in Ayurveda Department of Government of Rajasthan, pursuant to advertisement No. 4/2010-11, declaring him eligible for the same. Further prayer is made for quashment of selection made by interview for the post of Homeopathic Chikitsak pursuant to aforesaid advertisement with a direction to respondents No. 1 and 2 to hold fresh interview for the said post giving weightage to the marks obtained in the written examination and confining the marks of interview only upto 15%.

(2.) Respondent Rajasthan Public Service Commission (for short, 'the RPSC') issued an advertisement No. 4/2010-11 dated 08.03.2011 inviting on-line applications from eligible candidates for filling up various posts of medical services in the State of Rajasthan. The said advertisement also invited applications for filling up 43 posts of Homeopathic Chikitsak under the Rajasthan Ayurvedic, Unani, Homoeopathic and Natural Medical Service Rules, 1973 (for short, 'the Rules of 1973'), out of which 7 posts were reserved for Other Backward Class category and 1 post was reserved for disabled category of Locomotor Disability and Cerebral Palsy (L.D. & C.P.) & O.L. (one leg affected) or B.L. (both legs affected but not arms). The reservation for disabled category was horizontal and it was further provided that the disability must be above 40%.

(3.) Pursuant to the said advertisement, the RPSC received large number of applications for appointment. The RPSC conducted a written examination for screening them. The petitioners also appeared in the said examination held on 30.06.2011, result of which was declared on 06.07.2012. The result was displayed in the website of the RPSC. In all 184 candidates, including the petitioners, were shown successful. The interviews were held from 03.12.2012 to 14.12.2012. It was clearly mentioned in the call letters that request for change of date of interview will not be entertained.