In a writ petition seeking appointment as an Ayurvedic doctor, the High Court held that since the petitioner was not registered with the Board of Indian Medicine before the application deadline, the respondents were justified in excluding him, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11092/2009
Suresh Kumar, son of Shri Mohar Singh, aged about 25 years, resident of Rajgarh Road, Old Cinema Hall, near R.S.E.B., Pilani, District Jhunjhunu (Raj.).
...PETITIONER.
VERSUS.
2.Administrative Secretary, Family Welfare (Planning) and Mission Director, National Rural Health Mission, Sawasthya Bhawan, Tilak Marg, Jaipur.
....NON-PETITIONERS.
For Petitioner(s) : Mr. Shailendra Balwada For Respondent(s) :
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
24/08/2023
Instant petition has been filed by the petitioner with the
following prayer:
“It is, therefore, most humbly prayed that your Lordships may graciously be pleased to call for entire record pertaining to this matter and after examining the same, may pass an appropriate writ, order or direction, to the effect:-
(i)the non petitioners be directed to issue appointment order of the petitioner for the post of Ayurvedic doctor for Jhunjhunu district considering his merit with all consequential benefits:
(2 of 3) [CW-11092/2009]
(ii) Any other appropriate order which may be found just and proper in the facts and circumstances of the case be passed in favour of the petitioner.
(iii) The costs of the litigation may kindly be granted to the petitioner.”
Learned counsel for the petitioner submits that inspite of being in the merit the petitioner has been deprived appointment on the post of Ayurvedic Doctor. Counsel submits that the less meritorious candidates have been selected and given appointment by the respondents, so the respondents be directed to appoint the petitioner on the said post with all consequential benefits.
None is there to oppose the prayer.
Contents of the petition indicates that the petitioner was not registered with the Board of Indian Medicine, Rajasthan till the last date of submission of application form and accordingly his candidature was not considered. The contents of the petition further indicates that the controversy involved in the present writ petition has already been decided by this Court in the case of Sanju Choudhary & Ors. Vw. State of Rajasthan & Ors. ( S.B. Civil Writ Petition No.13281/2018) vide order dated 27.01.2009.
Looking to the terms and conditions of the advertisement, it is apparently clear that a candidate is supposed to have his registration before the date of submission of application form but here in the instant case, the petitioner was registered with the council after last date of submission of application form, hence the respondents have not cause any illegality in not considering the case of the petitioner for appointment on the post of Ayurvedic Doctor.
[CW-11092/2009]
(3 of 3)
I find no merit in this petition and the same is hereby
dismissed. Pending applications, if any, also stand dismissed.
(ANOOP KUMAR DHAND),J
KuD/73
3 issues framed by the court
Whether the petitioner is entitled to appointment as an Ayurvedic doctor when his registration was obtained after the last date for application submission.
Whether the respondents acted illegally in excluding the petitioner from the selection process.
Whether the writ petition filed for appointment should be allowed in light of previous judicial precedent.
Colour shows how this judgement treated each authority
Sanju Choudhary & Ors. v. State of Rajasthan & Ors.Referred¶23
Sanju Choudhary & Ors. Vw. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13281/2018)
1 provisions across 1 enactments
Suresh Kumar
State of Rajasthan
Administrative Secretary, Family Welfare
Chief Medical Jhunjhunu
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
