- (1.) This writ petition has been filed by the petitioner with the following prayer:- "it is, therefore, humbly prayed that your Lordship's may kindly be pleased to accept and allow this writ petition and further be pleased to issue an appropriate writ, order or directions whereby the action of the respondents in making affidavit that no person having lesser percentage of marks has been given the appointment whereas have given the appointment to the respondent No.4 to 6 having lesser percentage of marks than the petitioners be declared arbitrary, illegal, unreasonable and also be pleased to direct the respondents to give the petitioners appointment on the post of Junior Ayurgved Nurse/Compounder with all consequential benefits in the larger interest of justice."
(2.) In pursuance to the advertisement dated 01.05.1996 passed by the respondents, the petitioners applied for the post of Junior Ayurvedic Compounder.
(3.) Being aggrieved by the non-selection, the petitioner No.5 (Akhlesh Kumar Sharma) filed S.B. Civil Writ Petition No.1721/2020 which was decided by the Co-ordinate Bench of this court vide order dated 12.03.2001 which reads as under:- "Since, similar question of law and fact arise in these petitions, all are being disposed of by this common order.; In pursuance of an advertisement issued, petitioners applied for appointment on the post of Junior Ayurvedic Nurse/Compounder. While preparing the merit list government relied on the circular issued on 16.11.1989 which provides that for giving appointment senior batch persons be given bonus marks. The circular was subject matter of challenge in Mahesh Chand Sharma and others V. State of Rajasthan and others , 1999 (2) RLR 755, wherein it was held that merit list has to be prepared only as per the provisions of R. 22 of Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rule, 1966, and appointment can be made only on the basis of merit list so prepared. In absence of any specific provisi 9 on under the Rules no preference can be given to the candidates on the basis of their higher merit in the list prepared in earlier year batch, and /or no preference can be given on the basis of year of completion of the training course. The petitioners have to complete with eligible persons in every selection and can be given appointment only as per merit in each selection and can be given appointment only as per merit in each selection. In Jagdish Prasad Sharma & others V. The State of Rajasthan and others, (DB Civil Special Appeal (W) No. 837/1999) decided on 11.10.2000, Division Bench of this court reiterated the same view after consideration of judgements of the apex court. Thus, preparation of merit list giving batch wise preference is contrary to provisions in the Rules of 1966 and decision rendered by this court. Accordingly the petitions are allowed. Respondent no. 1 is directed to prepare the merit list with you giving batchwise preference and appointments be made of the petitioners, if found suitable, on the post of Junior Ayurvedic Nurse/ Compounder as per the merit prepared afresh only, within three month from order.;