CW-13438/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.13438/2010 Mohammed Shadab & Ors. Vs. State of Raj. & Ors. Date Of Order :: 29/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajeev Surana, for petitioners. This is a joint petition filed by the petitioners who had participated in the selection process initiated by the respondent pursuant to short term advertisement dt.06.09.2010 for the post of Junior Ayurved Nurse/Compounder. All the petitioners are eligible and they had participated in the selection process but as per the criteria of merit laid down by the respondents in the impugned advertisement since the petitioners might have feeling that they may not fall in the merit against the number of vacancies available have approached to this Court by way of filing the instant petition with the grievance that the criteria laid down in the advertisement for determination of merit based on their minimum educational qualification i.e. three years diploma in Ayurved Nurse is contrary to the settled principles of law and in the selections which have been held for the CW-13438/10 (2) post of GNM the criteria for determination of merit is senior secondary and diploma which has not been taken note of while holding the present selections, which according to counsel, is violative of Article 14 of the Constitution of India. Counsel further submits that average marks obtained in senior secondary + diploma are to be taken note of for preparation of merit which is universal standard laid for holding selections but the standard laid down by the respondents is otherwise not legally sustainable and that requires interference by this Court. The submission made is wholly without substance for the reason that short term advertisement included 6 different posts and all the posts are to be filled by common standard laid down for determination of merit based on the minimum educational qualification pursuant to short term advertisement. The term no.3 for selection and contract is as under : “3. चयन का आधार वांिछत योÊ यता मɅ ूाÜ तांक ूितशत का वरȣयता होगी वांिछत योÊ यता से उÍ च योÊ यता रखने वाले उà मीदवारɉ कȧ ः थित मɅ ǔजसमɅ ूाÜ तांक ूितशत Ï यादा हो उस शै¢ǔणक योÊ यता को चयन का आधार माना जावेगा" The minimum qualification for the post in CW-13438/10 (3) question is three years diploma in Ayurved Nurse and that has been considered as a basis for determination of merit and it cannot be said to be a criteria which is arbitrary or in violation of Article 14 of the Constitution. The submission made that in other posts of GNM the criteria for merit is 12th and diploma and average of both is to be taken note of which has not been taken note of in the present selection process holds no substance since it is always open for the appointing authority to lay down the criteria which will determine merit of the applicants and if it is in conformity of Article 14 of the Constitution this Court is always supposed to refrain from interfering in such policy decisions taken by the Government unless as already observed is not in conformity of the scheme of rules or in violation of Article 14 of the Constitution which case has not been made out by the petitioner. Consequently, the petition is without substance and is hereby dismissed. (Ajay Rastogi),J VS Shekhawat /p.3/ 13438cw10Nov29FnlDsps.doc