Kalpana Chhaniwal D/o Ashok Kumar Chhaniwal v. State of Rajasthan
2023-08-10
MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
body2023
DigiLaw.ai
ORDER : 1. Heard on application. 2. These appeals arise out of order passed by learned Single Judge in batch of petitions, wherein relief sought by the writ petitioners for allowing them to participate in the selection as eligible through appropriate relaxation has been rejected and the writ petitions have been dismissed. 3. Learned counsel for the appellants would argue that the writ petitioners, were under going medical courses in Unani, Aurvedic and Homeopathic. However, by due to COVID-19 pandemic, they could not complete the courses in time and therefore, it delayed completion of their courses. The respondents initiated the process of recruitment by issuing advertisements dated 21.06.2023, 07.07.2023 and 12.07.2023 for Ayurvedic, Homeopathy and Unani respectively. As the appellants were still undergoing their internship which was to be completed in the month of November 2023, they have been ousted from the process of selection. It is argued that since the delay in completion of courses was because of the COVID-19 pandemic, the respondents are liable to be directed to provide proper relaxation to the petitioners as delay in completion of their courses and internship was for none of their fault. It is further submitted that the State did not take this extraordinary situation into consideration and invoke its power of relaxation under Rule 37 of Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973. 4. It appears that the appellants are those who are undergoing their study in medical courses of Unani, Ayurvedic and Homeopathy, but unfortunately because of the COVID-19, delay occurred in completion of the course. They are going to complete their internship in the month of November, 2023. However, in the meantime, advertisements have been issued on various dates and the advertisements provide for the last date for submission of application form with stipulation that the candidates are required to be possessed of eligibility criteria/ qualification on or before the last date of submission of application form. Apparently, the appellants are not eligible and qualified candidates. 5. True it is, that because of extraordinary situation prevailing due to COVID-19 pandemic, the appellants could not complete their courses, however, at the same time, this Court cannot stay the action of the respondents in initiating the process of recruitment. It is appellants’ misfortune that when the advertisement was issued, they could not complete their internship.
5. True it is, that because of extraordinary situation prevailing due to COVID-19 pandemic, the appellants could not complete their courses, however, at the same time, this Court cannot stay the action of the respondents in initiating the process of recruitment. It is appellants’ misfortune that when the advertisement was issued, they could not complete their internship. We cannot issue any direction to respondents to postpone their process of selection till the completion of internship by the present appellants. Filling up the post of medical officers in the health services of the State is in public interest. There is a conflict between the public interest and interest of a group of persons. Individual or group interest must yield to public interest. Therefore, even though we find that the appellants could not complete their courses and internship prior to issuance of advertisements for which they cannot be held to be responsible, at the same time, the process of recruitment cannot be stayed by this Court, nor can be directed to be postponed in view of overwhelming public interest. 6. The other submission of the learned counsel for the appellants is that respondents be directed to exercise the power of relaxation as is available under Rule 37 of the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973. We are afraid, such direction cannot be issued because Rule 37 does not confer any power of relaxation with regard to the educational qualification. Rules for relaxation have been framed by Governor in exercise of powers under proviso to Article 309 of the Constitution of India and the State cannot be directed to consider relaxation, which is beyond their powers of relaxation under Rule 37 of Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, 1973. To put it shortly, a mandamus cannot be issued to do something which is contrary to law. 7. Therefore, in this circumstances, we find ourselves unable to extend any relief to the appellants. 8. The appeals are, therefore, dismissed. 9. A copy of this judgment be placed on record of each appeal.