ANSHU CHAUHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Instant petition has been filed by the petitioner questioning the order of termination (Ann. 8 dt. 17-9-2016) from the post of Clinical Psychologist on which she was appointed on contract basis.

(2.) The brief facts which are necessary for disposal of the present petition are that the Joint Secretary, Department of Medical and Health, Rajasthan, Jaipur issued an advertisement dt. 16-1-2015 inviting applications from the Service Provider/Agencies for making appointment on contract basis for different posts namely Psychiatrist, Clinical Psychologist, Psychiatric Nurse, Psychiatric Social Worker, Community Nurse (Case Manager), Monitoring and Evaluation Officer, Case Registry Assistant, Ward Assistants/Orderlies, Community Health Worker and service provider was called upon to submit their application by 27-1-2015 and their interviews were scheduled to be held on 29-1-2015.

(3.) It is something a unique mechanism which is brought to the notice of the Court that the service provider has been called upon to appear in the interview who has no knowledge of the job to be assigned for either of the post and at one point of time took a decision to induct the persons of the required qualification of the respective posts which was never approved and the incumbents who are finally selected is completely unknown to the process of selection which was initiated pursuant to advertisement dt. 16-1-2015 and the contract was executed between M/s. Dixit Computers (Service Provider) and the Government and Clause (A) of the agreement indicates various posts and the places Jaipur, Hanumangarh, Churu, Chittorgarh, Jhalawar and Baran Districts where number of persons per district has to be appointed through agency on monthly payment per person per month and this Court considers it appropriate to quote the Clause (A) as under:-