HEMRAJ SAINI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge the judgement passed by the learned Single Judge dated 2.8.2018, whereby the Single Judge has dismissed six writ petitions, including the one filed by the petitioners herein. Petitioners had in the writ petition sought a writ of mandamus declaring condition no.5 of the advertisement dated 25.5.2018 as null and void to the extent they were not being allowed to compete for the examination for appointment on the post of Assistant Radiographer. Prayer was also made to direct the respondents to amend the aforesaid condition and treat them eligible by treating them as candidates appearing for final year in B.Sc. Radio Imaging Technology.

(2.) Learned Single Judge held that petitioners could neither be taken as candidates, who either appeared, or was appearing in the final examination of the course, which was the requisite condition to confer eligibility on them to compete for appointment on the said post. The learned Single Judge in holding so has taken note of the omnibus amendment made in the Various Service Rules vide Rajasthan Various Services (Amendment) Rules, 1999 and also relied on the earlier Single Bench judgement of this Court rendered in S.B. Civil Writ Petition No.12332/2018, Rohit Sharma and Ors. v. State of Rajasthan . The learned Single Judge quoted from the aforesaid judgement of Rohit Sharma, supra, which we deem it appropriate to reproduce hereunder:

(3.) Shri Anshuman Saxena, learned counsel for the appellant has reiterated the same arguments, which he made before the learned Single Judge and submitted that the learned Single Judge failed to appreciate the condition no.5 of the impugned advertisement in the true perspective and the object of the Rajasthan Various Service Rules, 1995 as promulgated by notification No.F.8(7) D.O.P./A-2/97, dated 17.9.1999 - Raj. Gaj., Exty., Pt.IV-C(I) dated 23.9.1999, P.123(5). The aforesaid condition according to him, was contrary to the said Rules and in ignorance thereof. This condition was liable to be declared as such. Learned counsel submitted that when the petitioners earlier approached this Court during vacations, the Vacation Judge by interim order dated 20.6.2018 was persuaded to allow them to appear in the competitive examination provisionally, which was based directly on interview while considering the Rajasthan Various Service (Amendment) Rules, 1999, which for the facility of reference is quoted hereunder: