DEEPAK KUMAR CHHANGANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition challenges an amendment to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965, by the second Amendment Rules, 2018 (hereafter "the amendment") with effect from 28.6.2018. The amendment inserted a proviso to Rule 19 by which appointment to the post of Pharmacists has to be through merit in a written examination conducted by the Appointing Authority/Board (depending upon the marks obtained by the candidate) in such written examination. The second challenge is to the establishment of the Staff Selection Board by a notification issued on 29.1.2014. That notification brought into force the Rajasthan Subordinate and Ministerial Service Selection Board (hereafter "the Board") by a separate set of rules, framed under proviso to Article 309 of the Constitution, in 2014. In terms of Rule 8 recruitment to the post of subordinate and ministerial services, notified or specified by the Government has to be made by the Board. For this purpose, the Board is empowered to conduct examinations and hold interviews and other processes.

(2.) The facts are that the post of Pharmacist was encadered under the Rajasthan Medical and Health Service Rules, 1965. For some time recruitment was resorted through written examination conducted by the State. This became the subject matter of certain litigation when in Umesh Singhal v. State and Ors. (S.B. Civil Writ Petition No. 311/2014 decided on 5.3.2014) the results of the examination were directed to be re-evaluated. The petitioners urge that faulty preparation of such merit list was in deviation of the directions given by the Supreme Court in Rajesh Kumar Daria v. Rajasthan Public Service Commission and Ors. (2007) 8 SCC 785 which resulted in yet another litigation- Satyendra Kumar v. State and Ors. (S.B. Civil Writ Petition No. 6656/2015).

(3.) The petitioners contend that they obtained qualifications to hold the post of Pharmacist long back. However, there was a change in the rule position in November, 2011 after which a recruitment process was issued for the first time in that year and later in 2013. Now in 2018, when a third time selection process has been undertaken i.e. after a time lag of almost five years, it is the Board was constituted through the Rules of 2014 which is to conduct examinations and hold interviews.