PARIHAR, J. - (1.) SINCE on similar set of facts almost same relief has been claimed in the above writ petitions, at joint request of the parties, all the writ petitions have been heard together and are being decided by this common order.
(2.) WHILE challenging the order dated 19. 4. 1999, and the advertisement dated 24. 4. 1999, the petitioners are claiming appointment on the posts of Ayurved Nurse/ Compounder on the basis of merit list prepared earlier of the above posts in the year 1993-94 and 1994-95. The main grievance of the petitioners is that before regular appointment on the above posts, petitioners were required to undergo Ayurved Nurse/compounder training course of the duration of two and half years and six months Internship. Before going for Internship, the petitioners had to submit a bond also for serving the State of Rajasthan for not less than five years. Petitioners have further alleged that earlier in pursuance to the Circular dated 16. 11. 1989, merit lists for each year were prepared on batchwise basis and appointments were also made accordingly, giving preference to the candidates of earlier batches as per respective Nurse/compounder training course. However, vide order dated 19. 4. 99, the State Government has withdrawn earlier Circular dated 16. 11. 1989, regulting therein that now selections to the above posts are to be made strictly as per the advertisement issued by the respondents for appointment to the post of Ayurved Nurse/compounder. Mr. Rajendra Soni, learned counsel for most of the petitioners, with all ve-hemence at his command, has submitted that the respondents cannot change their earlier policy of preparing the merits lists batch-wise. Mr. Soni further raised the plea of promissory estoppel, inasmuch as, that the State Government is bound to give preferential treatment to the candidates on batch-wise basis, in view of the bond obtained from each of the candidates for not serving any other institution for five years on completion of the training. Mr. Ishwar Jain and Mr. Reashm Bhargava, appearing on behalf of the respondents, while referring to various judgments of the Apex Court, have submitted that the whole selections have to be made strictly in accordance with the relevant Rules as applicable in the present matter. Since so many disputes had been raised in regard to the Circular dated 16. 11. 1989, which was otherwise not in accordance with law and relevant provisions of the Rules, the same was withdrawn vide order dated 19. 4. 1999 and now the whole selections have to be made as per the provisions of the relevant Rules. There is no dispute that selections to the post of Ayurved Nurse/compoun-der have to be made as per the provisions of the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966 (hereinafter to be referred to as the `rules of 1966' ). Relevant rule 9 provides for determination of vacancies. The same is reproduced as under :- " 9. "determination of Vacancies". :- (1) Subject to the provisions of these Rules, the Appointing Authority shall determine on 1st April every year the actual number of vacancies occurring during the financial year. (b) Where a post is to be filled in by more than one method as prescribed in the Rules or Schedule, the vacancies so determined shall be filled in by that method. (c) Where a post is to be filed in by more than one method as prescribed in the Rules or Schedule, the apportionment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over all number of posts already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cycle order giving precedence to the promo-tion quota. The Appointing Authority shall also determine the vacancies of earlier years, yearwise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in. " Part-IV of the Rules provides for direct recruitment. Relevant rule 16 in relation to inviting of applications is reproduced herein as under:- " 16. Inviting of Application. _application for direct recruitment to post in the Service shall be invited by the Commission or the Appointing Authority, as the case may be, by advertising the vacancies to be filled in the official Gazette (or) in such other manner as may be deemed fit: Provided that while selecting candidates for the vacancies so advertised the Commission or the Appointing Authority, as the case may be, may, if intimation of additional requirement not exceeding 50% of the advertised vacancies, is received by them before selection, also select suitable persons to meet such additional requirement. "
(3.) RULE 20 of the RULEs provides for recommendations of the Commission or the Appointing Authority, which is also reproduced herein as under:- " 20. Recommendations of the Commission or the Appointing Authority. _the Commission or the Appointing Authority as the case may be, shall prepare a list of the candidates whom they/it consider suitable for appointment to the posts concerned and shall arrange in the order of merit. The Commission may forward the same to the Appointing Authority. Provided that the Commission or the Appointing Authority as the case may be, may to the extent of 50% of the advertised vacancies keep names of suitable candidates on the reserve list. The Commission may on requisition recommend the names of such candidates in the order of merit to the Appointing Authority within 6 months from the date on which the original list is forwarded by the Commission to the Appointing Authority. " Under rule 22 the Appointing Authority may select candidates who stand highest in the merit list prepared under rule 20. Subsequently, the appointments are made under rule 26 of the Rules of 1966. As is clear from the above scheme of Rules, there is no provision whatsoever to prepare the merit list batchwise basis. After advertisement been issued applications from all eligible candidates are received. Thereafter as per the criteria fixed by the Appointing Authority or the Selection Board, the merit list is prepared. Alongwith the merit list, reserve list is also prepared which is valid for 6 months and after expiry of 6 months the reserve list also does not survive. ;