Dismissed

Dr. Priyanka Jaiswal v. Union of India

Chhattisgarh HC1 May 2024WPC/1963/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the provisional allotment of an MD (Ayurveda) seat to respondent No.5 over the petitioner. The Court held that the Ministry of Ayush's guidelines permitted seniority based on the date of first appointment to government service (15.09.2003), making respondent No.5 senior to the petitioner who joined on 03.07.2010. The allotment was found regula

What the court decided

AI extract

Dr. Priyanka Jaiswal Vs Union of India — Education and Admissions | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 1963 of 2024

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Dr. Priyanka Jaiswal W/o Dr. Dinesh Kumar Sinha, Aged About 40 Years Presently Posted As Ayurveda Medical Officer At Govt. Ayurveda Dispensary, Kasdol, District Balodabazar R/o H. No. 36, Shriji Kalpatru Colony Amlidih, Raipur, District : Raipur, Chhattisgarh

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---- Petitioner

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Versus

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Union Of India Through The Secretary, Ministry Of Health And Family Welfare, Department Of Ayurveda, Yoga And Naturopathy, Unani Siddha And Homoeopathy Ayush Vibhag, Ayush Bhavan B - Block, G.P.O. Complex, I.N.A. New Delhi, P.S. New Delhi -110023,

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State Of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh. Health And Family Welfare Department Atal Nagar, Mahanadi Bhawan, Naya Raipur P.S. Rakhi, Raipur Chhattisgarh.

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The Director, Department Of Ayurveda, Yoga And Naturopathy, Unani Sidha And Homoeopathy (Ayush) Old Mantralaya Campus, Dks Bhawan, Raipur . P.S. Moudahapara District Raipur Chhattisgarh

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National Institute Of Ayurveda, Jaipur Through The Registrar, Jorawar Singh Gate, Amer Road, Jaipur, Rajasthan 302002

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Dr. Raj Kumar Banjare, S/o Not Known, Aged About 43 Years R/o Near Santoshi Mandir, Old Bus Stand, Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate
For Res. No.1 : Mr. Ramakant Mishra, DSG with
Rishabh Dev Singh, Advocate.
For State/Res. No.2 & 3 : Mr. Vinay Pandey, Dy. A.G.

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For Res. No. 4 : Mr. Pulkit Agrawal, Advocate. For Res. No.5 : Mr. Chandresh Shrivastava, Advocate.

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Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Smt. Justice Rajani Dubey Order on Board

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Per Ramesh Sinha, Chief Justice

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02.05.2024

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The petitioner has preferred the instant petition being aggrieved by the provisional allotment of seat/admission dated 29.11.2023 (Annexure P/1) issued by respondent No.4, whereby respondent No.5 has been provisionally admitted to pursue MD (Ayurveda) course for the session 2023-24 as Central Government Nominee (CGN) candidate from Chhattisgarh and the petitioner was placed below respondent No.5 in the seniority list prepared by the respondent Nos. 2 and 3.

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Brief facts of the case, as projected by the petitioner, are that the petitioner was initially appointed as Ayurveda Chikitsa Adhikari vide order dated 21.06.2010 (Annexure P/2) under the Chhattisgarh (Bhartiya Chikitsa Paddhati hatha Homeopathy Rajpatrit) Sewa Bharti Niyam, 1987 under the Chhattisgarh Health and Family Welfare Department, Raipur, CG. Her name was placed at Serial No. 200 (merit list No. 201) in the appointment order and she was posted at Primary Health Centre Kunni, District

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Ambikapur, CG. The petitioner joined the services on 03.07.2010 (Annexure P/3) at P.Н.С. Kunni, District Surguja (Ambikapur). Whereas, respondent No.5 was appointed vide the same order of appointment as Ayurveda Chikitsa Adhikari and was placed at serial No. 212 (merit list No. 214) and he joined his services on 23.11.2010. In the gradation list (Annexure P/4) issued by the Chitiksha Shiksha (Ayush) department, as of 01.04.2023, the petitioner is placed at serial No. 195, whereas respondent No.5 is placed at serial No. 206. The Ministry of Ayurveda, Government of India issued the MD/PG Scheme Guidelines on Central Government Nomination (CGN) to M.D. (Annexure P/5) courses for the Session 2023-24 vide letter No. Y-11030/14/2021-EP-III dated 26.07.2023 regarding Central Government Nomination to MD (Ayurveda) course at NIA-Jaipur, ITRA-Jamnagar and GAC-Guwahati for the session 2023-24. In pursuance of the said letter, on 02.08.2023, the petitioner had duly applied (Annexure P/6) for the Sessions 2023-2024 as the CGN – Central Government Nominee from Chhattisgarh to pursue M.D. course at NIA-Jaipur, ITRA-Jamnagar and GAC-Guwahati, The primary condition required for pursuing the M.D. course for government teachers/medical officers (doctors)/research officers was 3 years of regular service in any government-

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run medical institution. Vide letter No. Y-11030/14/2021-EPIII dated 27.10.2023 (Anenxure P/7), the Ministry of Ayurveda, Government of India issued a seniority-wise list of Central Government Nominees to MD (Ayurveda) courses and preference-wise list of institutions and deficient subjects opted by the 10 (ten) nominated candidate(s) for 2023-24 wherein respondent No.5 was placed at serial No. 1, whereas the petitioner was placed at serial No. 6.

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Thereafter, vide letter/notice dated 30.10.2023 (Annexure P/8), the National Institute of Ayurveda, Jaipur (NIA, Jaipur) issued notice for CGN Candidates (Central Government Nominee candidates) for admissions in MD/MS (Ayurveda) session 2023-24 in compliance with the letter No. Y- 11030/14/2021-EP-III dated 27.10.2023 issued by the Ministry of Ayurveda, Government of India and the offline counseling for consideration of admission for 10 (ten) seats in MD/MS (Ayurveda) sessions 2023-24 was scheduled to be conducted on 03.11.2023. However, the admission to all 10 (ten) seats could not be completed, therefore, it was rescheduled for a further date. Vide letter dated 30.10.2023 (Annexure P/9), the petitioner raised her grievance before respondent No. 3 regarding a discrepancy in the CGNCentral Government Nominee seniority list stating that respondent No. 5, as per the gradation list as of 01.04.2023,

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is placed at serial No. 206, who joined his services in the concerned cadre on 23.11.2010, however he is placed at serial No.1 in the CGN admission list whereas petitioner is placed at serial No. 195 and joined her services in the cadre concerned on 03.07.2010, therefore, her name should be at serial No. 8 in the CGN admission list. The petitioner addressed a letter (Annexure P/10) on 06.11.2023 to respondent No. 3 and apprised regarding discrepancy in seniority between the candidates where she is placed at serial No. 3 whereas respondent No. 5 is placed at serial No. 4. The objection/grievance of the petitioner with respect to the discrepancy in CGN (MD Ayurveda) seniority list for academic session 2023-24 was dealt with by respondent No.3 vide letter dated 10.11.2023 (Annexure P/11) wherein it was observed that respondent No.5 joined his services on 23.11.2010 and is placed at serial No. 206 in the seniority list, whereas petitioner joined her services on 03.07.2010 and is placed at serial No. 195 in the seniority list. The National Institute of Ayurveda, Jaipur (NIA, Jaipur), vide letter/notice dated 21.11.2023 (Annexure P/12) issued notice for CGN Candidates (Central Government Nominee candidates) for admissions in MD/MS (Ayu.) session 202324 in compliance with the letter No. Y-11030/14/2021-EP-III dated 27.10.2023 issued by the Ministry of Ayurveda,

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Government of India and the offline counseling for consideration of admission for 7 (seven) seats in MD/MS (Ayurveda) session 2023-24 was scheduled to be conducted on 28.11.2023. On the date of counseling i.e. on 28.11.2023, the petitioner as well as respondent No. 5 appeared for the offline counseling conducted at NIA, Jaipur and provisional allotment of seat/admission dated 29.11.2023 (Annexure P/1) was issued by respondent No. 4 and respondent No. 5 along with other candidates was provisionally admitted to pursue MD (Ayurveda), Department Panchkarma for the session 2023-24 as Central Government Nominee from the Chhattisgarh candidate despite the fact that petitioner was senior to respondent No. 5 and because of a discrepancy in the CGN (MD Ayurveda) seniority list prepared by respondent No. 3 the petitioner was placed below respondent No. 5 in the aforesaid seniority list. Thereafter, the petitioner made a representation (Annexure P/14) on 06/08.12.2023 before respondent No. 3 for not issuing the NOC and not sanctioning the educational leave in favor of respondent No. 5 stating that since respondent No. 5 joined his services as a regular government servant on 23.11.2010 in the concerned cadre whereas his first date of appointment has been reflected as 15.09.2003, which is misleading. It was

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also prayed in the representation that true and correct information regarding the joining of respondent No. 5 as a regular government servant be sent to the Ayush Mantralaya, New Delhi enabling the Mantralaya and N.I.A. Jaipur/respondent No. 4 to ascertain the exact date of appointment of respondent No. 5.

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On 07.12.2023, the petitioner made a representation (Annexure P/15) to respondent No. 1 for cancellation of provisional allotment of seat/admission made in favor of respondent No. 5 stating that without deciding her objections/grievances respondent No 5 was placed at serial No. 1 and allotted Panchakarma Department. It was further stated in the representation that respondent No. 5 joined his services on 23.11.2010 as a regular government servant after being selected in the Chhattisgarh Public Service Examination, 2010 and misleading information of his first appointment as 15.09.2003 has been sent to the Ayush Mantralaya. Thus, prayed for the cancellation of the seat allotted to respondent No. 5 and for allotting the seat to her. Thereafter, vide letter dated 15.12.2023 (Annexure P/16), the petitioner made a representation before respondent No. 2 for not issuing the NOC and not sanctioning the educational leave in favor of respondent No. 5 stating that since respondent No. 5 joined his services as a regular

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government servant on 23.11.2010 in the concerned cadre whereas his first date of appointment has been reflected as 15.09.2003 which is misleading. It was also prayed that true and correct information regarding the joining of respondent No. 5 as a regular government servant be sent to the Ayush Mantralaya, New Delhi so that the Mantralaya and N.I.A. Jaipur/respondent No. 4 may know the exact date of appointment of respondent No. 5. Hence, this petition seeking following relief(s)

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“10.1 The Hon’ble Court may graciously be pleased to issue a writ/order/direction of mandamus thereby quashing the provisional allotment of seat/admission dated 29.11.2023 issued by respondent No.4 in favour of respondent No.5, so far it relates to respondent No.5 and further be pleased to direct the respondent authorities to consider the case of the petitioner for allotment of seat/admission to petitioner to pursue M.D. (Ayurveda) course for the session 2023-24 as a Central Government Nominee (CGN) candidate from Chhattisgarh, in the interest of justice.

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10.2 Any other relief which this Hon’ble Court deems fit and proper including the cost of this writ petition be awarded in favour of the petitioner.”

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Learned counsel for the petitioner submits that as per the

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seniority list, the petitioner is senior than respondent No.5, as such allotment of seat in favour of the respondent No.5 is illegal, arbitrary and violative of the norms/schemes issued by respondent No. 1. The respondent No.3 issued a misleading seniority list and sent the same to respondent Nos. 1 and 4 due to which the discrepancy occurred and the petitioner was made to suffer. Learned counsel further submits that apparently respondent No. 5 joined his services on 23.11.2010 in the cadre concerned and was placed at serial No. 206 in the seniority list whereas, the petitioner joined her services on 03.07.2010 and is placed at serial No. 195 in the seniority list, as such the petitioner was senior to respondent No.5 and this very much fact has been ignored by respondents No. 2 and 3 while preparing and sending the seniority list to respondents No. 1 and 4. The gradation list clearly depicts the true picture of inter-se seniority between respondent No. 5 and the petitioner. It has been also submitted that respondent authorities arbitrarily considered the date of joining of respondent No. 5 as 15.09.2023 despite various objections/grievances and representations made by petitioner in this regard, which is abuse of process. As per the condition No. 2(f) laid down in the order of appointment dated 21.06.2010 issued in favor of the petitioner as well as respondent No. 5, their inter-se

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seniority shall be according to the seniority fixed by the Chhattisgarh Public Commission, Raipur. As such, the impugned provisional allotment of seat/admission order dated 29.11.2023 issued by respondent No.4 in favour of respondent No.5 is liable to be dismissed and direction may be issued to respondent No.2 to allot the seat/admission to the petitioner to pursue M.D. (Ayurveda) course for the session 2023-24 as a Central Government Nominee (CGN) candidate from Chhattisgarh, in the interest of justice. 6. Per contra, Mr. Ramakant Mishra, learned Deputy Solicitor General for Union of India/respondent No.1 strongly opposed the prayer of the petitioner and submits that the Ministry of Ayush had issued guidelines for the Central Government Nomination (CGN) Scheme to MD/PG (Ayurveda) course for the academic session 2023-24 on 26.07.2023. In reference to guidelines, 14 applications were received in the Ministry against the total-19 seats allocation in the Ayurveda stream. The 14 applications have been scrutinized and based on eligibility as per the guidelines issued by Ministry of Ayush on 26.07.2023 (Annexure R/1), 10 candidates as mentioned in Annexure-I (Sr. no. 1 to 10, Annexure-II) have been found eligible for nomination under Central Government Nomination. Accordingly, a seniority wise list (Annexure-II) was prepared. In the list, most senior

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was being placed at the top of the list based on the date of the applicant's regular service and most junior is being at bottom of the list. Learned counsel further submits that Government of Chhattisgarh has forwarded the applications for 9 candidates (06 for Ayurveda and 03 for homeopathy) vide letter dated 13.09.2023 (Annexure R/2). The aforesaid seniority list was forwarded to concerned donor Institutes for admission in MD/PG (Ayurveda) course durign academic session 2023-24 against reserved seats for Central Govt. nominees at at NIA-Jaipur (14 seats), ITRA-Jamnagar (03 seats) and GAC-Guwahati (02 seats) as per their choice of preference of institutions. Learned counsel also submits that on 30.10.2023, Dr. Priyanka Jaiswal (petitioner) who was placed at Sr. 5 in the aforesaid seniority list has dropped two e-mails (Annexure R/3), to this Ministry wherein she has stated that the seniority wise list of central government nominees to MD Ayurveda course-2023-24 has some discrepancies and as per the petitioner, Dr Raj Kumar Banjare has joined as regular Ayurveda Medical Officer on 23-11-2010 after State PSC confirmation as shown in the Chhattisgarh State (DME AYUSH) final gradation list as of on 01-04-2023 in S.N. 241. He has worked as a non regular on an assistant post from 15-09-2003, so this date should not be considered for seniority/merit. So, according to

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Section 4.4, the date of regular joining of 23-11-2010 should be considered for seniority list and the petitioner has S.N. 195 in the same list as she joined on 03-07- 2010 as a regular Ayurveda Medical Officer. Learned counsel also submits that vide letter dated 03.11.2023 (Annexure R/4), the representation of the petitioner was forwarded and via email to Government of Chhattisgarh for seeking their comments in the matter. In response to the aforementioned letter dated 03.11.2023 from the respondent No.1, the Government of Chhattisgarh, though their letter dated 10.11.2023 has conveyed that in the seniority list of Ayurveda Medical officers issued as of 01.04.2023 at Sl. No.195 the date of assumption of charge/date of joining of Dr. Priyanka Jaiswal is mentioned as 03.07.2010 and at Sl. N0. 206 the date of first appointment to Government service of Dr. Raj Kumar Banjare is mentioned as 15.09.2003. Therefore, as per the seniority list, the petitioner is senior than Dr. Rajkumar Banjare.

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Learned counsel also submits that the seniority list for Central Government Nomination to the MD (Ayurveda) course for the session 2023-24 was prepared by this Ministry based on the date of the applicant's regular service. This information is extracted from the prescribed Proforma forwarded by the concerned State, in this instance, in the

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prescribed Proforma forwarded by appointment of respondent No.5 – Raj Kumar Banjare in Govt. service is 15.09.2023 and in cadre his joining date is 23.11.2010 Government of Chhattisgarh for recommending Dr. Rajkumar Banjare's name, his date of joining in government service (considering regular service only) was indicated as 15.09.2003. Consequently, Dr. Rajkumar Banjare was assigned Sr. No. 1 in the seniority list. It was pointed out that the Government of Chhattisgarh, in their communication dated 10.11.2023 (Annexure R/7), reiterated the date of the first appointment to Government service for Dr. Raj Kumar Banjare is 15.09.2003. Consequently, as this information aligns with the earlier provided details, no modifications were made to the seniority list. As such, the present petition being without any merit is liable to be dismissed.

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Learned counsel for respondent Nos. 2 to 4 have adopted the submission made by learned counsel for respondent No.1/UoI. 9. Learned counsel for respondent No.5 opposing the prayer of the petitioner submits that the petitioner has wrongly interpreted the revised comprehensive guidelines issued by the Central Government prescribing eligibility for admission in the post grduate courses suppressign the initiat

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appointmetn of respondent No.5 in regular Govt. service. Learned cousnel further submits that the first date of appointment of respondent No.5 – Raj Kumar Banjare in Govt. service is 15.09.2023 and in cadre his joining date is 23.11.2010 & as per the guidelines of gradation list issued by the Central Government, he has rightly been admitted to pursue MD (Ayurveda) course for the Session 2023-2024 as Central Government Nominee from the State of Chhattisgarh.

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We have heard learned counsel for the parties and perused the material available on record.

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As regards the seniority list, on 26.07.2023, the Ministry of Ayush had issued guideline for Central Government Nomination (CGN) scheme to MD/PG (Ayurveda) course for the academic session 2023-24 which was valid for subsequent academic years unless modified or amended. For ready reference, relevant paras i.e. 2 b, 2.1 and 4.4 are reproduced herein as under :-

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“2. xxxxx

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a. xxxx

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b. Eligible candidates – means nominated candidates belonging to deficient States/Uts, who are employees of any Govt. run medical institutions of deficient State/UT. The emoluments of these candidates would be borne during the study period of the course by the

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concerned sponsoring deficient State/UT Govt. as per their existing rules in this regard and not by any donor institute or by this Ministry. Only sponsored candidates will be eligible.

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c. xxxx 2.1 Eligible candidates i.e. Teachers/Medical Officers (Doctors), Researchers (Research Officers) are to be recommended/nominated by the deficient State/UT Government for nomination as Central Government Nominees (CGN) for admission in M.D./PG Courses against the seats earmarked under ‘Central Pool’ by the donor institutes/colleges as Government of India’s nominees.

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2.2		xxxxx
2.3		xxxxx
3		xxxxx
4		xxxxx
4.1		xxxxx
4.2		xxxxx
	a.	xxxxx
	b.	xxxxx
	c.	xxxxx
4.3		xxxxx
4.4		Applications of	sponsored/in-service
Gov	ernm	ent	Teachers/Medical

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Officers(Doctors)/Research Officers shall only be scrutinized by this Ministry keeping in view their seniority, subject of teaching etc. and also date of birth (D.O.B.), if necessary, while nominating them as Government of India’s Nominees (CGNs). The

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Central Govt. reserved seats of MD/PG courses under ‘Central Pool’ in the donor institutions should be allotted to the Central Government Nominees (CGNs) by the respective donor institute strictly on the basis of the seniority and choice of institute/subject opted by the Central Govt. Nominees (CGN) and also on availability of seat in the institution. ”

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It has not been disputed by both the parties that as per the gradation list, the petitioner is at Sl. No.195 and respondent No.5 is at Sl. No.206. It is not in dispute that first date of appointment and joining of respondent No.5 in Govt. service is 15.09.2003 and as per regular appointment order, the petitioner had joined her services on 03.07.2010 and respondent No.5 on 23.11.2010. When respondent No.1 wrote letter dated 01.11.2023 (Annexure R/6) to the Secretary, Department of Medical Education (AYUSH), Chhattisgarh, the clarification (Annexure R/7) was sent by Director (AYUSH) by their letter dated 10.11.2023 showing the seniority of the petitioner and respondent No.5. For ready reference, para 3 of the said letter is reproduced herein as under :-

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3@& fnukad 01-04-2023 dh fLFkfr esa tkjh vk;qosZn fpfdRlk vf/kdkjh ds indze lwph esa l- dz- 195 esa MkW0 fiz;adk tk;loky dk dk;ZHkkj xzg.k fnukad 03-07-2010 ,oa l0 dz- 206 esa MkW0 jktdqekj catkjs dk ‘kkldh; lsok esa izFke fu;qfDr dk fnukad 15-09-2003 ,oa laoxZ esa fu;qfDr

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fnukad 23-11-2010 vafdr gSA

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vr% fnukad 01-04-2023 dh fLFkfr esa vk;qosZn fpfdRlk vf/kdkjh ds tkjh indze lwph vuqlkj ofj”Brk dzekad fuEukuqlkj gS%& ofj”Brk l-dz- vf/kdkjh dk uke mifLFkr fnukad &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& 129 MkW- vo/ks’k dqekj egkik= 30-06-2010 133 MkW- nhid dqekj vxzoky 29-06-2010 195 MkW- fiz;kadk tkloky 03-07-2010 206 MkW- jktdqekj catkjs 23-11-2010 214 MkW- larks”k dqekj jk=s 01-07-2010 234 MkW- dey dqekj flnkj 19-07-2010

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Thus, it is clear from the above letter that first date of appointment of respondent No.5 – Raj Kumar Banjare in Govt. service is 15.09.2023 and in cadre his joining date is 23.11.2010. The petitioner joining date is 03.07.2010 & and after declaration of result of Public Service Commission, he (respondent No.5) joined in the cadre on 23.11.2010. According to the guideline (Annexure R/1) issued by the Govt. of India, Ministry of Ayush, the respondent No.5 found within eligible criteria and his joining date in the Govt. service is prior to the petitioner, therefore, he has been placed above the petitioner in seniority list for pursuign MD (Ayurveda) course for the session 2023-24 as Central Government Nominee (CGN) candidate from Chhattisgarh

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Considering the comprehensive revised guidelines/regulations of Govt. of India, Ministry of Ayush (respondent No.1) and considering the first entry of the

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respondent No.5 in Govt. service, we do not find any irregularity or infirmity in the impugned order (Annexure P/1) passed by the National Institute of Ayurveda warranting any interference by this Court.

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Accordingly, the writ petition deserves to be and is hereby dismissed.

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Sd/Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

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pkd

Dr. Priyanka Jaiswal v. Union of India

Case brief

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Dr. Priyanka Jaiswal v. Union of India

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