Bela M. Trivedi, J. - (1.) WITH the consent of the learned counsels for the parties, the petition has been heard finally at the admission stage.
(2.) THE petitioner by way of present petition has challenged the action of the respondent No. 2 -RPSC, in selecting the respondent No. 4 for the post of Associate Professor -Samhita (Maulik Sidhant), though he did not possess the requisite qualification and in placing the petitioner at S. No. 1 in the reserved list. He has also sought direction against the respondents to give appointment to the petitioner on the said post. The short facts giving rise to the present petition are that the petitioner had applied for the post of Associate Professor -Samhita (Maulik Sidhant) pursuant to the advertisement dated 26/2/2014 issued by the respondent No. 2 -RPSC. The education qualification as required in the said advertisement for the said post was as under: - - "2Associate Professor: -(A) A degree in Ayurved from a University established by law in India or a statutory Board/Faculty/Examination body or Indian Medicine or its equivalent as recognized under Indian Medicine Central Council Act, 1970; and (B) A Postgraduate Qualification in the subject/speciality concerned included in the Schedule to Indian Medicine Central Council Act, 1970; and (C) Teaching experience of 5 years' in the concerned subject(Reader will be treated as Associate Professor); Desirable -Research including Research degrees and has made some mark in the areas of scholarship as evidenced by quality or publication contribution to educational renovation, design of new courses and curricula".
(3.) THE petitioner being post graduate and having requisite teaching experience was called for the interview held on 24/11/2014, along with the other candidates. The petitioner and the respondent No. 4 both had appeared for the interview on the said date. The respondent No. 2 RPSC thereafter published the result on 25/11/2014, whereby the respondent No. 4 was selected for the said post, and the petitioner was shown at S. No. 1 in the waiting list. According to the petitioner, the respondent No. 4 did not possess the requisite qualification as per the condition mentioned in the advertisement, inasmuch as he did not have the teaching experience for five years in the subject Samhita (Maulik Sidhant). It is also alleged by the petitioner that the respondent No. 4 was working as Lecturer in the respondent No. 3 College since 2007, however was sent on deputation to work in the office of Minister Shri Raj Kumar Sharma in the year 2010, and thereafter he was working as the Registrar, Rajasthan Ayurved Nursing Council as per the order dated 4/10/2013, and therefore he did not have the requisite teaching experience as Lecturer for the said subject.;