MAHESH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE on similar set of facts almost same relief has been claimed in the above writ petitions, at joint request of the parties, all the writ petitions have been heard together and are being decided by this common order.

(2.) WHILE challenging the order dated 19. 4. 1999, and the advertisement dated 24. 4. 1999, the petitioners are claiming appointment on the posts of Ayurved Nurse/ Compounder on the basis of merit list prepared earlier of the above posts in the year 1993-94 and 1994-95. The main grievance of the petitioners is that before regular appointment on the above posts, petitioners were required to undergo Ayurved Nurse/compounder training course of the duration of two and half years and six months Internship. Before going for Internship, the petitioners had to submit a bond also for serving the State of Rajasthan for not less than five years. Petitioners have further alleged that earlier in pursuance to the Circular dated 16. 11. 1989, merit lists for each year were prepared on batchwise basis and appointments were also made accordingly, giving preference to the candidates of earlier batches as per respective Nurse/compounder training course. However, vide order dated 19. 4. 99, the State Government has withdrawn earlier Circular dated 16. 11. 1989, regulting therein that now selections to the above posts are to be made strictly as per the advertisement issued by the respondents for appointment to the post of Ayurved Nurse/compounder.

(3.) RULE 20 of the RULEs provides for recommendations of the Commission or the Appointing Authority, which is also reproduced herein as under:- " 20. Recommendations of the Commission or the Appointing Authority. _the Commission or the Appointing Authority as the case may be, shall prepare a list of the candidates whom they/it consider suitable for appointment to the posts concerned and shall arrange in the order of merit. The Commission may forward the same to the Appointing Authority. Provided that the Commission or the Appointing Authority as the case may be, may to the extent of 50% of the advertised vacancies keep names of suitable candidates on the reserve list. The Commission may on requisition recommend the names of such candidates in the order of merit to the Appointing Authority within 6 months from the date on which the original list is forwarded by the Commission to the Appointing Authority. "