Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 17786 (RAJ)

THE DIRECTOR, AYURVED DEPARTMENT v. NAGENDRA KUMAR GOYAL S/O LAXMINARAYAN GOYAL

SAW/771/2025 · 2026-02-11

Sangeeta Sharma, Sanjeev Prakash Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:6504-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 771/2025 1. The Director, Ayurved Department, Directorate, Ajmer. 2. Deputy Secretary, Ayush Department, State of Rajasthan, Secretariat, Jaipur. ----Appellants Versus 1. Nagendra Kumar Goyal S/o Laxminarayan Goyal, Aged About 53 Years, R/o Plot No. 206, Bhagwati Nagar Ist, Kartarpura, Jaipur, Rajasthan. 2. Giriraj Prasad Sharma S/o Shyam Sunder Sharma, Aged About 53 Years, R/o VPO Chakeri, Tehsil and District Sawaimadhopur, Rajasthan. 3. Dinesh Kumar Sharma S/o Brij Mohan Vyas, Aged About 54 Years, Resident Of Nangal Bharda, Tehsil Chomu, District Jaipur, Rajasthan. 4. Sanwar Mal Sharma S/o Jagdish Prasad Sharma, Aged About 54 Years, R/o Plot No. 861, Khoja Ki Dhani, Kaladera, Jaipur, Rajasthan. 5. Ashok Kumar Sharma S/o Suwa Lal Sharma, Aged About 54 Years, R/o A-13, Shree Ganesh Vihar, Sirsi Road, Meenawala, Jaipur, Rajasthan. 6. Suresh Kumar S/o Jainarayan Sharma, Aged About 53 Years, R/o Gadha Marg, Ganga Mata Mandir Ke Pass, Chaudhary Colony, Didwana, District Nagaur, Rajasthan. 7. Krishan Kumar Sharma S/o Prakash Chandra Sharma, Aged About 54 Years, R/o Vpo Udaipuria, Tehsil Chomu, District Jaipur, Rajasthan. 8. Ramawtar Sharma S/o Shrikrishna Sharma, Aged About 54 Years, R/o Village Ramgatta, Post Tankerda, Tehsil Amber, District Jaipur, Rajasthan. 9. Mahesh Kumar Sharma S/o Bhagirath Prasad, Aged About 54 Years, R/o Plot No. 170/166, Shri Ram Nagar, Vishwakarma R. No. 17, Jaipur, Rajasthan. 10. Vinod Kumar Sharma S/o Mahadev Prasad Sharma, Aged About 53 Years, R/o B83A, Hasinapur Maharana Pratap Margh, Panchyawala, Vaishali Nagar, Jaipur, Rajasthan. [2026:RJ-JP:6504-DB] (2 of 3) [SAW-771/2025] 11. Kailash Dutt Sharma S/o Mahesh Dutt Sharma, Aged About 54 Years, R/o H. No. 420, Keshavpura, Kota, Rajasthan. ----Respondents/Petitioners 12. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Kadwad, Jodhpur-Nagaur Highway Road, Jodhpur-342037 Through Its Vice-Chancellor ----Respondent For Appellant(s) : Mr. Vishnu Dutt Sharma,AAAG For Respondent(s) : Mr. Rishabh Khandelwal through VC HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 11/02/2026 1. An application (CMCW No.712/2025) has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal. 2. For the grounds mentioned in the application filed u/s 5 of the Limitation Act, delay is condoned and the application is accordingly allowed. 3. The issue raised in the present appeal is no more res integra, as the bunch of Special Appeal Writs have been decided at the Principal Seat, Jodhpur, in D.B. Special Appeal (Writ) No.1123/2024 titled The State of Rajasthan And Ors. vs. Dr. Ali Taqi And Ors. and other connected matters, decided on 09.09.2025 wherein, the Co-ordinate Bench of this Court has set aside the judgment passed by the learned Single Judge granting cumulative age relaxation and held as under:- “7.16. Tested on these touchstones, the respondents/writ petitioners cannot claim cumulative [2026:RJ-JP:6504-DB] (3 of 3) [SAW-771/2025] relaxation, as the Rules of 1973 are silent and the advertisement explicitly rules out such aggregation. Thus the binding terms of the advertisement cannot be disregarded and travelled beyond the governing framework. 7.17. Thus, in view of the foregoing discussion, this Court holds that the Rules of 1973 do not envisage cumulative age relaxation across different categories. Each relaxation under Rule 9 of the said Rules is to be applied independently within its own sphere. The express stipulation in the advertisement that relaxations shall be non-cumulative is consistent with the statutory framework and cannot be termed arbitrary or de hors the Rules. Therefore, the learned Single Judge was not justified in directing the appellants to extend cumulative relaxation to the respondents.” 4. In view of the above judgment passed by the Co-ordinate Bench of this Court in the matter of The State of Rajasthan And Ors. vs. Dr. Ali Taqi And Ors. (supra), the present appeal stands allowed mutatis mutandis. 5. All pending application(s) also stand disposed of. (SANGEETA SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ Simple Kumawat /72