Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THESE all writ petitions are decided by this common judgment as the petitioners on various grounds have challenged the process of selection initiated by issuing notification dated 18.7.2008 for appointment on the post of Rural Health Worker (Female). All the petitioners applied for the said post and faced the interview, but failed to succeed. According to the petitioners they were appointed on sanctioned post of Addl. Female Health Worker on contract basis earlier and they are continuing in service of Addl. Female Health Worker in Rural areas without any break. The petitioners were initially paid fix pay of Rs. 3,500/ -per month, which was subsequently increased by the respondents from time to time. The said appointments were given to the petitioners after inviting applications vide notification dated 2.4.2003, copy of which has been annexed and one of which is in the writ petition which is SBCWP No. 1794/2009. According to the petitioners their appointments on the said post were permissible even under the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as the Rules of 1965). However, there is no reference of Rules of 1965 in the advertisement Annex.1 dated 2.4.2003 and said notification only conveys that looking to the difficult geographical conditions and conditions of the Schedule Tribes, the Government of Rajasthan decided to appoint Addl. Female Health Worker on contract basis on fixed salary of Rs. 3,500/ -per month and the appointment under the said advertisement shall be for one year. The procedure for appointment in the said selection process was only interview as mentioned in condition No. 6 of the advertisement and as admitted by the petitioners.
(3.) THEN now Rajasthan Rural Medical and Health Subordinate Service Rules, 2008 (hereinafter referred to as the Rules of 2008) came into force in the year 2008 and under the Rules of 2008 initially 1228 posts of Rural Health Worker were advertised which was increased to 1435. the criteria for selection for appointment to the said post was given in the advertisement in column No. 6 of the general instructions. As per the said criteria, the candidates were to be appointed on the basis of interview. It has also been provided in condition No. 6 itself that in case there will be excessive applications then the candidates will be called for interview by preparing the merit on the basis of marks obtained in Secondary or equivalent examination.;