Ajay Rastogi, J. - (1.) Instant batch of special appeals are directed against order of the ld. Single Judge impugned dt. 04.07.2013.
(2.) This is second round of litigation and in order to appreciate the grievance of the appellants, it will be necessary to glance through few relevant background facts which are agreed by the parties and have been taken note of from D.B. Special Appeal (Writ) No. 966/2013, for better appreciation of the controversy raised for our consideration.
(3.) The post of Ayurved Chikitsak, with which we are concerned, is included in the Schedule appended to the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973 and prior to the amendment under the scheme of Rules, there was no explicit procedure provided laying down the mode of selection and the selections were made on the basis of interviews. However, at a later point of time, the State Government in exercise of the powers conferred by the proviso to Art. 309 of the Constitution made certain amendments under the scheme of Rules which came into force with immediate effect and new proviso was added to R. 19 of the Rules, 1973 and it is mandated that the merit shall be prepared by the Appointing Authority on the basis of marks obtained in the qualifying examination. However, details of the amendment shall be referred later at the appropriate stage.;