RANCHI, India, Jan. 24 -- Jharkhand High Court issued the following order on Dec. 23:
1. Petitioner, in this writ petition, has prayed for issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing the Advertisement No.2971 dated 11.10.2025 (Annexure 5, at page 123-125 of the writ petition) issued under the signature of Dean, Rajendra Institution of Medical Sciences, Ranchi (hereinafter referred to as RIMS), whereby and whereunder the post for Principal has been advertised for the Dental Institute under Rajendra Institute of Medical Sciences, Ranchi where the eligibility criteria has been fixed as "25 years standing in the profession after Post Graduation and minimum 5 years of Administrative Experience".
2. During course of argument, learned counsel for the petitioner submitted that the main challenge in this writ petition is the eligibility criteria fixed by the respondents in the advertisement, to the extent by which it has prescribed "25 years standing in profession after Post Graduation". The petitioner is aggrieved by this clause only.
3. Learned counsel for the petitioner submitted that the conditions imposed in the advertisement is contrary to the Rajendra Institute of Medical Sciences Regulations, 2014 (hereinafter referred to as "the RIMS Regulations, 2014") framed under the Rajendra Institute of Medical Sciences Act, 2002 (hereinafter referred to as "the RIMS Act, 2002") governing the issue. When Regulations have been framed and eligibility criteria is prescribed, the same must be followed and any advertisement cannot run contrary to the prescribed statutory Regulations. In this case, RIMS Regulations of 2014 do not prescribe 25 years standing in the profession after Post Graduation. Inclusion of the words "after Post Graduation" is contrary to the Regulations. Further 25 years standing in profession, should be the entire standing in medical profession and not exclusively the profession of teaching within the medical field. As per him, Clause 1(iii) of the eligibility criteria in the advertisement has a different connotation, which would be evident if read in conjunction with Clause 1(ii). As per him, if 25 years standing in profession is construed to be teaching profession, then the teaching experience mandated in Clause 1(ii) gets reasonably diluted, rather is nullified. The eligibility criteria in Clause 1(ii) of the advertisement is in terms of the RIMS Regulations, 2014, thus, the advertisement and its interpretation cannot be in such a manner to render the eligibility criteria in Clause 1(ii) nugatory. He argued that the words "after Post Graduation", in Clause 1(iii) of the advertisement, cannot be said to be clarificatory in nature as no advertisement can clarify statutory provision, that too by inserting the words "after Post Graduation", which will run contrary to the Rules or Regulations. If any Rule or Regulation has to be clarified, it has to be done only by an amendment and not by way of any advertisement. Thus, he submitted that inserting the words "after Post Graduation" is absolutely arbitrary and "25 years standing in the profession" should be construed as 25 years in medical profession and not exclusively the teaching profession.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8oS8kiPPBQhcIlfAgNJ14XrCqChJwIYkqc5lwdLGboS&caseno=WPC/6236/2025&cCode=1&cino=JHHC010374782025&state_code=7&appFlag=)
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