- (1.) Having same question under adjudication, these two petitions for writ are heard together and are disposed of by this common order. Facts pertaining to SBCivil Writ Petition No.8528/2009
(2.) Petitioner Dr. Poonam Parakh, with the qualification of Post Graduation in Obstetrics & Gynecology, is eligible to be considered for appointment to the Rajasthan Medical & Health Services except for the impediment prescribed by Rule 21 of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (hereinafter referred to as "the Rules of 1962"), that reads as under:- "No candidate shall be eligible for appointment to the service who has more than two children on or after 1/6/2002. Provided that the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June 2002, does not increase: Provided further that where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children."
(3.) The provision aforesaid was inserted in the Rules of 1962 with effect from 20.6.2001 by Rajasthan various service (Amendment) Rules, 2003.;