- (1.) These two appeals have been preferred both by Rajasthan University of Health Sciences as well as the State of Rajasthan against the interim order dated 23/07/2010 passed by the learned Single Judge. A writ petition came to be filed before the learned Single Judge being S.B. Civil Writ Petition No.8752/2010 by the four petitioners, who had appeared for Pre-DM/M.CH. Examination, 2010 conducted by the Rajasthan University of Health Sciences on 22nd July, 2010. Challenging the quota of 30% of the seats for in-service candidates.
(2.) The last date for submission of the application form was 12/07/2010 and the examination was notified for 22/07/2010. Annexure-4 was the notification issued by the Rajasthan University of Health Sciences which provided the instructions and the Scheme and criteria for the examination and consequent admissions in pursuance of the said entrance examination. The said Scheme [Annexure-4] which is available at Page No.71 of the Paper Book in Para 3 provided for reservation and bond for in-service candidates. The said Para 3 reads as follows: "3.Reservation and Bond for In-service candidates Out of Total seats 30% are reserved for In-Service candidates of Rajasthan State Government (Subject to approval by competent body of RUHS). In-service eligible candidates of Rajasthan Medical Service [Collegiate branch] or Rajasthan State Medical and Health Services have to execute the bond of 20 lacs and same have to furnish on selection."
(3.) Broadly speaking out of the total number of seats, 30% of the seats were "reserved" for in-service candidates. The aforesaid reserved quota for in-service candidates was provided for persons serving in the State of Rajasthan under the Rajasthan Medical Service [Collegiate branch] and Rajasthan State Medical and Health Services constituted under the respective Rules framed under the proviso to Article 309 of the Constitution of India. The petitioners are not the candidates belonging to the in-service category. Their objection is against the aforesaid reservation for the in-service candidates to the extent of 30% of the total seats and therefore, the writ petitions were filed before the learned Single Judge challenging the aforesaid notification and the provision with the prayer to quash the provisions of 30% reservation for in-service category as provided in the prospectus. It was further prayed that if any amendment is made to Ordinance 278-D during the pendency of the writ petition, the same may be quashed and further that one common list be prepared of all the candidates irrespective of whether they are in-service or otherwise and admissions be made on the basis of aforesaid common merit list.;