MOHAMMAD RAFIQ,J. - (1.) This appeal seeks to challenge the judgement passed by the learned Single Judge dated 2.8.2018, whereby the Single Judge has dismissed six writ petitions, including the one filed by the petitioners herein. Petitioners had in the writ petition sought a writ of mandamus declaring condition no.5 of the advertisement dated 25.5.2018 as null and void to the extent they were not being allowed to compete for the examination for appointment on the post of Assistant Radiographer. Prayer was also made to direct the respondents to amend the aforesaid condition and treat them eligible by treating them as candidates appearing for final year in B.Sc. Radio Imaging Technology.
(2.) Learned Single Judge held that petitioners could neither be taken as candidates, who either appeared, or was appearing in the final examination of the course, which was the requisite condition to confer eligibility on them to compete for appointment on the said post. The learned Single Judge in holding so has taken note of the omnibus amendment made in the Various Service Rules vide Rajasthan Various Services (Amendment) Rules, 1999 and also relied on the earlier Single Bench judgement of this Court rendered in S.B. Civil Writ Petition No.12332/2018, Rohit Sharma and Ors. v. State of Rajasthan . The learned Single Judge quoted from the aforesaid judgement of Rohit Sharma, supra, which we deem it appropriate to reproduce hereunder: "In the recruitment process involved herein, application forms of the eligible candidates have been scrutinized and a list has been drawn of eligible candidates for the purpose of document verification. The process of document verification is to commence with effect from 01st August, 2018. At this juncture, it will be profitable to take of the relevant text of Rajasthan Various Service (Amendment) Rules 1999, which reads thus:- "Amendment-in the existing rule as mentioned in Column Number 3 against each of the Service Rules as mentioned in Column Number 2 of the Schedule appended herewith, the following proviso shall be added, namely:- Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency:- (i) before appearing in the main examination, where selection is made through two stages of written examination and interview; (ii) before appearing in interview where selection is made through written examination and interview. (iii) before appearing in the written examination or interview where selection is made through only written examination or only interview, as the case may be." Indisputably the case of the petitioners is covered by clause (iii). Further, a glance of proviso would reflect that it is applicable to the participating candidates, who have appeared or are appearing, in the final year examination of the course, which is requisite educational qualification for the post as mentioned in the Rules or scheduled for direct recruitment. Admittedly, the petitioners have neither 'appeared or are appearing', in the final year examination of the eligibility course under the relevant recruitment rules."
(3.) Shri Anshuman Saxena, learned counsel for the appellant has reiterated the same arguments, which he made before the learned Single Judge and submitted that the learned Single Judge failed to appreciate the condition no.5 of the impugned advertisement in the true perspective and the object of the Rajasthan Various Service Rules, 1995 as promulgated by notification No.F.8(7) D.O.P./A-2/97, dated 17.9.1999 - Raj. Gaj., Exty., Pt.IV-C(I) dated 23.9.1999, P.123(5). The aforesaid condition according to him, was contrary to the said Rules and in ignorance thereof. This condition was liable to be declared as such. Learned counsel submitted that when the petitioners earlier approached this Court during vacations, the Vacation Judge by interim order dated 20.6.2018 was persuaded to allow them to appear in the competitive examination provisionally, which was based directly on interview while considering the Rajasthan Various Service (Amendment) Rules, 1999, which for the facility of reference is quoted hereunder: 77. The Rajasthan Various Service (Amendment) Rules, 1999- Proviso in the rule of the Service Rules mentioned against them-Added.;