Biju Sharma And Ors vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioners aggrieved against the orders dated 31/7/2019 and 3/8/2019 (Annex.7), whereby, the petitioners have been refused permission to apply for the course of Diploma in Ayush Nursing ('Diploma').

The petitioners are working as class IV employees with the respondent Dr. S. Radhakrishnan Rajasthan Ayurved University. The petitioners intended to apply for the Diploma being offered by the respondent University. In the guidelines for admission to the said Diploma (Annex.2), a provision was made for reservation of 10 seats at Govt. Training Centre, Ajmer for 'Paricharaks' of Ayurved Department and it was required that the applicants seeking said reservation would be required to produce No Objection Certificate ('NOC') from the Director, Ayurved Department, Ajmer at the time of counselling. The petitioners applied for admission pursuant to the advertisement (Annex.2) and, thereafter, sought NOC from the respondent University in terms of the stipulation made in the advertisement. The NOC was refused by the respondent University vide Annex.7 indicating that the quota was meant for 'Paricharaks' of the Ayurved Department and as such the NOC cannot be granted to the petitioners and rejected the applications.

It is submitted by learned counsel for the petitioners with reference to the orders passed by the respondents that the rejection has been made on account of the fact that the petitioners are working as Class IV employees and reservation is made for 'Paricharaks'. Submission has been made that 'Paricharaks' are essentially peons and no distinction can be made between the petitioners, who are working as Class IV employees and 'Paricharaks'.

Further submission has been made with reference to additional affidavit that Ayurved Department has accorded permission to one Class IV employee for the said Diploma course vide Annex.8 and, therefore, rejection of petitioners' candidature in this regard cannot be sustained and, therefore, the same be set aside and petitioners be permitted to apply against the reservation provided as per the advertisement for departmental candidates.

I have considered the submissions made by learned counsel for the petitioners and have perused the material available on record.

The stipulation made in the advertisement (Annex.2) reads as under:

"(स) आयुर्वेद विभाग के परिचारकों, जिनके लिए राजकीय प्रशिक्षण केन्द्र अजमेर में 10 सीटें आरक्षित है। ऐसे अभ्यर्थियों को काउंसलिंग के समय निदेशक, आयुर्वेद विभाग अजमेर द्वारा जारी अनापत्ति प्रमाण पत्र प्रस्तुत करना होगा।"

A perusal of the above stipulation reveals that the departmental reservation for admission at Government Training Centre, Ajmer has been provided to ' Paricharaks' of Ayurved Department. Admittedly, the petitioners are employees of respondent University and not that of Ayurved Department of Govt. of Rajasthan.

The order of rejection (Annex.7) made by the respondent University reads as under:

"उपरोक्त विषयान्तर्गत लेख है कि आपने विश्वविद्यालय द्वारा संचालित डिप्लोमा इन आयुष नर्सिग शैक्षणिक सत्र 2019-20 में विभागीय कोटे के द्वारा आवेदन करने की अनुमति चाहिये जो कि विभागीय कोटा आयुर्वेद विभाग में कार्यरत परिचारकों के लिए है एवं राज्य सरकार के नियमानुसार आपको अनुमति नहीं दी जा सकती।

सही/-

कुलसचिव"

A perusal of the above rejection order indicates that the Registrar of the University simply indicated the stipulation made in the advertisement and further stated that as per the Rules of State Govt., the petitioners cannot be accorded permission.

The submission made by the learned counsel for the petitioners that rejection is on account of the fact that the petitioners are working as Class IV employees and not as 'Paricharaks' is reading too much into the order passed by the Registrar.

Though the order is not very clear, the sum and substance thereof is that the reservation is for employees of the Ayurved Department and the petitioners being employees of the respondent University cannot claim their status as that of employees of the Ayurved Department and, therefore, were not entitled for the departmental reservation as provided in the advertisement.

In view thereof, the rejection order passed by the Registrar of the respondent University cannot be faulted.

Consequently, there is no substance in the writ petition and the same is, therefore, dismissed.