The Rajasthan High Court stated that it is illegal and unreasonable to add half the vacancies after an 8-month selection process by splitting the vacancies.
The Rajasthan High Court ruled that adding half of the vacancies nearly eight months after starting the selection process by splitting the vacancy is illegal and unreasonable. The Court canceled the Order that increased the number of seats for the already advertised posts of Ayurveda Compounder/Nurse Junior Grade, stating it was “unjust & violative of fundamental rights” and “against propriety & legislative intent and the underlying principles of law.” The Bench emphasized that such division of vacancies cannot be allowed to “benefit some while causing loss to others.” Justice Farjand Ali noted, “No rule of law should favor one group of citizens while denying opportunities to others. Rules exist to improve societal interests, not to be misused by authorities. The State cannot take away reasonable opportunities from eligible individuals. I firmly believe that dividing vacancies to benefit some while disadvantaging others is not acceptable.”
Writ Petitions were filed under Article 226 of the Constitution by the Petitioners, who were unhappy with the Respondents’ actions that denied them a fair chance in the ongoing selection process for Ayurveda Compounder/Nurse Junior Grade and sought to overturn the Order from the Rajasthan Government’s AYUSH Department that added seats to the post. The High Court stated that allowing the Respondents to add 247 seats to the current selection process would violate the principle of equal opportunity guaranteed by the Constitution, which ensures that “all interested individuals with the same qualifications have equal access to employment opportunities without discrimination based on irrelevant factors.”
The Bench stated, “After some time, the respondent department increased the number of seats for the existing post, preventing candidates from applying for these new seats since the application deadline remains the same, which is 05.11.2023. Upon reviewing the case, it appears that three categories of individuals will be excluded from this opportunity, which is unfair to them.” The Court further noted, “Adding half of the vacancies nearly 8 months into the process, especially by splitting the vacancies, goes beyond Rule 16 and is both illegal and unreasonable. After careful consideration of the legal and factual aspects, this Court believes it is reasonable and proper to allow the State authorities to finish the selection process for the advertised vacancies without adding new ones. A new selection process should begin for any vacancies that have arisen so that everyone has a chance to compete.” Therefore, the High Court granted the Writ Petition.
Cause Title: Nitisha Choudhary & Anr. v. The State Of Rajasthan & Ors. (Neutral Citation: 2024:RJ-JD:37111)
