Abdul Hafiz Khan S/o Shri Abdul Hakim Khan v. State of Rajasthan
2017-11-03
AJAY RASTOGI, DEEPAK MAHESHWARI
body2017
DigiLaw.ai
ORDER : 1. Counsel for the petitioner submits that due to typographical error since the petition was disposed of by a common order dt. 04.04.2016, a reference has been made of DBCWP No. 15331/2013, but in fact, the writ petition in reference to the present review petition has been filed is DBCWP No. 10333/2013. 2. The review application has been filed on behalf of Dr. Abdul Hafiz Khan in DBCWP No. 10333/2013. 3. Counsel for the review petitioner submits that the writ petitioners was non-suited on the premise that neither of them have completed their internship or holding degree of qualifying examination as on 10.08.2013, which was the last date of submission of application in terms of the advertisement dt. 01.06.2013 holding selection for the post of Homeopathic Chikitsak, which is included in the schedule appended to the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 1973. 4. Counsel for the review petitioner submits that since a joint petition was filed by the petitioners, individual facts of the case have not have been appreciated at that time. However, in the instant case of Dr. Abdul Hafiz Khan, he has completed his internship on 03.08.2013 and document has been annexed along with the application filed under O.41 R.27 CPC to justify at least his candidature could not have been rejected on the premise that he has failed to fulfill the qualifying examination on the cutoff date i.e 10.08.2013 and submits that at least he could not have been non-suited on the premise of holding him unqualified in participating in the selection process. 5. After we have heard counsel for the parties and taking note of the documentary evidence, placed on record, at least the grievance of the petitioner Abdul Hafiz Khan DBCWP No. 10333/2013 deserves indulgence and order dt. 04.04.2016 passed in DBCWP No. 10333/2013 to the extent of petitioner Abdul Hafiz Khan deserves to be recalled. 6. The order dt. 04.04.2016 passed in DBCWP No. 10333/2013 to the extent of Dr. Abdul Hafiz Khan stands recalled. DBCWP No. 10333/2013 qua the petitioner Dr. Abdul Hafiz Khan is restored to its original number and be listed before the Court.