BENCH AT JAIPUR v. State Of Rajasthan, Through Principal Secretary

Judgment

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001.

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents Connected With (2) S.B. Civil Writ Petition No. 8165/2025 Mukesh Vaishnav, S/o Shri Kalyan Mal, Aged About 30 Years, R/o Rampura, Badnor, Bhilwara, Rajasthan, Pin - 311302. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001.

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents [2025:RJ-JP:34791] (2 of 9) [CW-8164/2025] (3) S.B. Civil Writ Petition No. 8208/2025

Khushboo Vaishnav W/o Shri Sampat Vaishnav, Aged About 25 Years, R/o Police Line Shiv Nagar, Near Bsnl Tower, Bhilwara, Rajasthan, Pin - 311001 Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents (4) S.B. Civil Writ Petition No. 8238/2025 Pinkey Teli D/o Bhairu Lal Teli, Aged About 25 Years, R/o Teliyon Ki Bari, Prem Nagar, Bhilwara, Rajasthan Pin 311001 Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin- 312901 Through Its Registrar. ----Respondents (5) S.B. Civil Writ Petition No. 8280/2025 Narendra Choudhari, S/o Shri Amra Ram, Aged About 24 Years, [2025:RJ-JP:34791] (3 of 9) [CW-8164/2025] R/o 33 Panchayat Ghar, Rupawas, Pali, Rajasthan, Pin - 306401. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001.

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents (6) S.B. Civil Writ Petition No. 8593/2025 Pooja Garg, D/o Gopal Lal Garg, Aged About 21 Years, R/o Teliyon Ki Bari, Ward No. 4, Pur, Prem Nagar, Bhilwara, Rajasthan, Pin - 311001. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001.

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents (7) S.B. Civil Writ Petition No. 8654/2025 Priyanka Vaishnav, W/o Shri Bablu Vaishnav, Aged About 25 Years, R/o Brahmanon Ki Sareri,asind Bhilwara, Rajasthan, Pin -

311026. ----Petitioner [2025:RJ-JP:34791] (4 of 9) [CW-8164/2025] Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Ashok Nagar, Jaipur, Rajasthan, Pin - 302001.

2. State Institute Of Health And Family Welfare, Jhalana Institutional Area, Jaipur Through Its Director.

3. Mewar University, A University Established Under The Provisions Of The Mewar University, Chittorgarh, Act, 2009, Having Its Office At Nh-48 Gangrar, Chittorgarh, Rajasthan, Pin - 312901 Through Its Registrar. ----Respondents For PetitionerS : Mr. Palash Srivastav S.B.CWP No. 8164/2025 & 8165/2025 For RespondentS : Mr. Archit Bohra, AGC with Mr. Rahul Verma in S.B.CWP No. Mr. Ranvijay Singh S.B.CWP No. 8164/2025 & 8165/2025 Mr. Ravi Kumar Yadav S.B.CWP No. HON'BLE MR. JUSTICE ANAND SHARMA Judgment 29/08/2025

1. All the aforesaid writ petitions are relating to the same facts and points of consideration, hence, with the consent of the parties, petitions were heard analogously and are being decided by this common order. For the sake of convenience, facts stated in Writ Petition No. 8164/2025, Khushbu Sen Vs. State of Rajasthan & Others are being taken into consideration.

2. Petitioners have sought a direction against the respondents to delete their names from the category of ‘result withheld on account of report of Drug Controller” as shown in the [2025:RJ-JP:34791] (5 of 9) [CW-8164/2025] provisional merit list dated 05.07.2024 and final merit list dated

24.03.2025. The petitioners have further prayed that they may be appointed on the post of Pharmacists pursuant to advertisement dated 05.05.2023 as per their respective merit in the recruitment process.

3. It is stated that advertisement dated 05.05.2023 was issued by Rajasthan Health and Family Welfare Department inviting applications from eligible candidates for appointment on the posts of Pharmacist. In the aforesaid advertisement, under the eligibility clause, qualification required to be possessed by the candidates was also given and as per the said clause of the advertisement, the candidates were required to possess Diploma in Pharmacy as well as registration with Rajasthan Pharmacy Council. As per the petitioners, they have acquired Diploma in Pharmacy from Mewar University, Chittorgarh after actual studies by remaining present in the classes and they have also been registered by Rajasthan Pharmacy Council on the basis of such diploma.

4. Learned counsels for the petitioners submitted that being eligible, the petitioners participated in the recruitment process for the post of Pharmacy and secured sufficient place in the merit list over and above the cut off marks declared by the respondents in their respective category. However, while publishing the provisional merit list for the purpose of documents verification, roll numbers of the petitioners were shown in the category of ‘result withheld on the basis of report of Drug Controller’. Thereupon, the petitioners submitted all the necessary documents to the Director, State Medical and Family Welfare [2025:RJ-JP:34791] (6 of 9) [CW-8164/2025] Institution, Jaipur, Rajasthan for verification of the documents. Even when the final merit list was issued on 24.03.2025, roll numbers of the petitioners have again been shown in the category of ‘result withheld subject to final verification of suspicious provisional qualification’.

5. Learned counsels for the petitioners would submit that Diploma in Pharmacy has been acquired by the petitioners from Mewar University, which is an autonomous university run and established by the Mewar Education Society, Chittorgarh and has been established under the provisions of Mewar University, Chittorgarh Act, 2009, which is State Act published by the legislature of State of Rajasthan. The aforesaid University is having modern research centre and world class study faculty and falls within the category of ‘university’ as mentioned in Section 2(f) of the University Grants Commission Act, 1956 and is entitled to confer degrees in terms of Section 22 of the Act of 1956.

6. Learned counsels for the petitioners further submit that Mewar University has been accredited by the National Assessment and Accreditation Council (NAAC) with CGPA of 3.01 and Grade A. Therefore, Diploma in Pharmacy awarded by the said University is a valid and genuine diploma and its validity or veracity cannot be put to doubt by the respondents. However, only on the basis of vague assumption and erroneous doubt, the petitioners have been deprived of their right to get appointment on the post of Pharmacist pursuant to advertisement dated 05.05.2023.

6. Per contra, learned counsels for the respondents submit that complaints were received by the respondents with regard to fake degrees and diplomas possessed by the candidates appearing [2025:RJ-JP:34791] (7 of 9) [CW-8164/2025] in Pharmacist Recruitment Examination, 2023. Mark sheets submitted by the candidates were examined by the officers of Commissionerate, Food Safety and Drug Control and an interim report was submitted by the officers, which would reveal that with regard to diploma acquired by the petitioners from Mewar University, so many points of suspicion were suggested in the report including different signatures of Controller of Examination as well as change of enrollment numbers in the mark sheets of different semesters. Even the Dean of Pharmacy Faculty of Mewar University was arrested on account of fabricating and forging mark sheets. Hence, there was reasonable doubt with regard to validity and veracity of diplomas possessed by the petitioners.

7. Learned counsels for the respondents further submitted that as per instructions issued by the State Government, one Committee under the Chairmanship of Managing Director, RMSCL has been constituted for the purpose of examining the educational qualifications of different universities including Mewar University. Said Committee is yet to submit its report.

8. Learned counsel for the respondents, on instructions, submitted that till date, the selection and candidature of the petitioners has not been rejected and rather, their result has been withheld during the pendency of enquiry, which is being conducted by the duly constituted Committee under the Chairmanship of Managing Director, RMSCL. Learned counsels for the respondents has also made a statement that during such enquiry, the vacancies in question to the extent of the petitioners shall not be filled and only after filing of report by the Committee, action shall [2025:RJ-JP:34791] (8 of 9) [CW-8164/2025] be taken in accordance with the recommendations of the Committee.

9. I have heard learned counsels for the parties and perused the material on record.

10. The provisional merit list as well as final merit-cum- selection list placed on record would suggest that the result of the petitioners has been withheld subject to final verification of their qualifications, which means that till date no final decision to reject the candidature or selection of the petitioners has been taken by the respondents.

11. Learned counsel for the respondents has made it clear that enquiry is being conducted for final verification of the educational documents of the petitioners and the report is yet to come.

12. In the light of above, this Court deems it just and proper to dispose off these writ petitions with the direction that the respondents shall conclude their enquiry within a period of three months from the date of receipt of certified copy of this order. Till conclusion of enquiry, the vacancies of Pharmacist as claimed by the petitioners shall not be filled up by any other candidate and shall be kept vacant. In case, the qualification documents submitted by the petitioners are found to be genuine and valid, the respondents shall proceed further to appoint the petitioner as per their merit and if otherwise found eligible. However, in case, the Committee, in its report, comes to the conclusion that the qualification documents submitted by the petitioners are fake, non-genuine or forged, then the respondents [2025:RJ-JP:34791] (9 of 9) [CW-8164/2025] shall reject candidature and selection of the petitioners and shall take appropriate action against the petitioners.

13. Writ petitions are accordingly disposed off with the above directions.

15. Pending application, if any, also stands disposed of. Office is directed to place a copy of this judgment on record of each connected writ petition. MANOJ NARWANI/54-60 (ANAND SHARMA),J