- (1.) THE office has pointed out certain defects in these appeals but with consent of learned counsel we heard the same on merits ignoring the minor defects.
(2.) THIS batch of appeals is preferred to challenge the judgment dated 7.5.2014 passed by learned Single Bench accepting a batch of petitions for writ.
(3.) THE facts necessary to be noticed are that the Governor of Rajasthan while exercising powers under proviso to Article 309 of the Constitution of India enacted the Rajasthan Rural Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 2008 to regulate recruitment to posts in, and the conditions of service of persons appointed to the Rajasthan Rural Ayurvedic, Unani, Homeopathy and Naturopathy service. A process of selection was initiated under the Rules aforesaid for recruitment to the post of Ayurvedic Chikitsak by advertisement dated 21.7.2008 against 378 existing vacancies. A challenge to the same was given by several persons by invoking extraordinary jurisdiction of this Court. The petitions for writ preferred by such persons came to be accepted and the process of selection including appointments already made were declared illegal and a direction was given to the respondent State to hold fresh selection after determining reasonable criteria for that. Learned Single Bench observed that the selections may be held by awarding marks to determine comparative merit. The respondent State in view of the directions given by learned Single Bench in the writ petitions aforesaid reinitiated the process of selection under an advertisement No. 1/12 dated 30.4.2012. In the advertisement aforesaid it was made necessary for the aspirants for selection to establish that they acquired qualification eligibility prior to 15.9.2008. Being aggrieved by this condition the instant litigation germinated.;