1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: O R D E R :: 1. S.B. CIVIL WRIT PETITION NO.7929/2007 Vinod Kumar Vs. State of Rajasthan & ors. 2. S.B. CIVIL WRIT PETITION NO.6733/2007 Rajendra Kumar & Ors. Vs. State of Raj. & ors. 3. S.B. CIVIL WRIT PETITION NO.7927/2007 Khillu Ram Vs. State & Ors. 4. S.B. CIVIL WRIT PETITION NO.7932/2007 Rakesh Kumar Vs. State & Ors. 5. S.B. CIVIL WRIT PETITION NO.7933/2007 Subhash Jatav Vs. State & ors. 6. S.B. CIVIL WRIT PETITION NO.7935/2007 Govind Kumar Swarnkar Vs. State & Ors. 7. S.B. CIVIL WRIT PETITION NO.89/2008 Kailashi Teli Vs. State & Ors. 8. S.B. CIVIL WRIT PETITION NO.7380/2007 Lalit Kishore Vs. State & Ors. 9. S.B. CIVIL WRIT PETITION NO.7816/2007 Sarjit Singh Vs. State 7 Ors. 10. S.B.CIVIL WRIT PETITION NO.7928/2007 Sukh Dev Jat Vs. State & Ors. 11. S.B. CIVIL WRIT PETITION NO.7930/2007 Kailash Chand parmar Vs. State & Ors. 12. S.B. CIVIL WRIT PETITION NO.7931/2007 Lokesh Khokhar Vs. State & Ors. 13. S.B. CIVIL WRIT PETITION NO.7934/2007 Indra nath Vs. State 7 Ors. Date of Order :: 05-03-2008 HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. N.R. Choudhary, for the petitioner. Mr. Arjun Purohit, Mr. M.A. Siddique, for the respondents. These writ petitions involve common questions of law, thus were heard and decided by this common order. The petitioners have preferred these writ petitions with a prayer that pursuant to the advertisement dated 15.9.2007, condition no.7 inserted therein should not be pressed on the 2 petitioners to the extent it provides requirement of one year's internship. Contention of the petitioners in the writ petition are that they have undertaken three years' diploma course and necessary documents of their qualifications have been placed on record. After completion of three years' course, there exist no further requirement of internship of six months as qualification for appointment on the post of Ayurved Nurse/Compounder, Junior grade. Therefore, when rule does not provide requirement of six months' internship after three years' diploma course, then condition in the advertisement requiring internship deserves to be set aside with a further direction that the petitioners' candidature should be considered. Learned counsel for the respondent on the other hand submits that condition no.4 to the advertisement provides qualification as otherwise provided under rules, inasmuch vide Notification dated 8.4.1996, amendment in the Rules was made and by virtue of amendment in the rule now, following qualification is provided: _____________________________________________________ 1 2 3 4 5 6 2. Compounder/Nurse 100% by Secondary/Higher - - Junior Grade Direct Secondary/Senior Recruitment Higher Secondary from Board of Secondary Education, Rajasthan or its equivalent with two and half years departmental training in the profession in Ayurved Nursing or 3 years Diploma in Ayurved Nursing with internship from university of Rajasthan.” By order and in the name of the Governor ( ) Dy. Secretary to the Government. 3 The prayer of the respondent is that the writ petition has been preferred in reference to the unamended rules, hence the very basis taken in the writ petition is not sustainable and prayed for dismissal of the writ petition accordingly. I have considered the rival submissions of the counsel for the parties and perusal of the amended rule makes it clear that the qualification of three years' diploma is required with internship from the University of Rajasthan, therefore petitioners cannot seek relief contrary to the rules. In these circumstances, I do not find any merit in these writ petitions, hence same are dismissed with no order as to costs. [MUNISHWAR NATH BHANDARI],J. Praveen