[2023:RJ-JD:33027] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Civil Writ Petition No. 15131/2023 Kanta Meena D/o Shri Ramesh Chandra Meena, Aged About 28 Years, Resident Of Dabla Fala, Tehsil Dovra, District Dungarpur.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution, Jaipur.
3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.
----Respondents For Petitioner(s) : Mr. Sushil Solanki.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 05/10/2023 Heard learned counsel for the petitioner. Learned counsel for the petitioner instead of joining the issue on merit submits that the petitioner has filed a representation dated 06.09.2023 before the respondent No.2 for redressal of his grievance but the same has not been decided by the respondent No.2. He submits that he will be satisfied, if direction is issued to the respondent No.2 to decide the pending representation of the petitioner. He also submits that the controversy involved in the present case is has already been decided by Jaipur Bench of this Court in a batch of writ petitions led by S.B.Civil Writ Petition No.13708/2023 (Girraj Meena V/s State of Rajasthan & (Downloaded on 12/11/2023 at 07:00:15 AM) [2023:RJ-JD:33027] (2 of 4) [CW-15131/2023] ors.) and other connected matters decided 06.09.2023 in the following terms:-
"11.Having considered rival submissions of both parties and taking into consideration the nature of grievances of petitioners as also the fact of technical fault/glitch in respect of non transaction of application fee, this Court is of opinion that it would not be just and proper to deprive the petitioners and similarly situated other aspirant candidates from consideration of their candidature on merits for the post in question. However, at the same time, it is desirable to strike a balance so that while protecting the interest /right of the petitioners, the selection process may not be delayed/prolonged for a longer period and candidates, who have already been considered, pursuant to fresh advertisement, may not put to suffer. Therefore, keeping in mind the balance of equities and while exercising powers under Section 226 of the Constitution of India, this Court deems it just and proper that the interest of justice would be served, if one last and final opportunity is granted to the petitioners as also to the other similarly situated persons, to cure the defect in their respective online applications, showing on the portal as "pending", for the reason of non transaction of the application fee. It is made clear that such an opportunity would be available only to such aspirants, who have already applied online forms pursuant to the fresh advertisement dated 05.05.2023, but their application form remained "pending" due to non transaction of the application fee either for want of non adjustment of previously deposited fee or due to non payment of additional or requisite fee. No fresh applications by any of he aspirant(s) shall be permitted. The purpose of allowing an opportunity to such candidates is that their pending application forms may be cleared; application ID be generated and the candidature may be considered for the purpose of document verification and on merits as per criteria and terms of the advertisement dated 05.05.2023.
12.Accordingly, following directions are issued:-
i)The respondent- SIHFW shall open a Portal for a period of 7days from 13th September 2023 to 19th September 2023 as agreed by learned counsel for both parties and during that period, petitioners as also similarly situated other candidates, whose online application forms have already been accepted successfully for the post of Nursing Officer pursuant to advertisement dated 16.11.2022 (Downloaded on 12/11/2023 at 07:00:15 AM) [2023:RJ-JD:33027] (3 of 4) [CW-15131/2023] and who have also applied online, pursuant to the fresh advertisement dated 05.05.2023, but application forms remained "pending", due to non transaction of application fee, would have an opportunity to cure the defect in respect of non transaction of the application fee. If the previously deposited fee is adjusted, the balance fee or any processing fee, if required, would be accepted and if previously deposited fee is not adjusted for any reason whatsoever, the requisite application fee shall be allowed to be deposited. Such an opportunity be provided to the petitioners as also to all other aspirant candidates whosoever are similarly situated to the petitioners.
ii)As agreed by and on behalf of respondent- SIHFW that a press note in the news papers shall be published as also would be uploaded on the website in advance, in respect of opening the portal for a period of 7 days, but for a limited purpose of curing the defect in respect of transaction pending application forms for all the aspirant candidates, including petitioners as agreed hereinabove.
iii) It would be open for respondent- SIHFW to allow such an opportunity to the other similarly situated aspirant candidates for posts of Pharmacist, Female Health Worker, Assistant Radiographer and Lab Technician etc. and if respondent- SIHFW decides to give such an opportunity to all aspirants of other posts as well, a common press note may be published/uploaded on the website in the light of direction issued in present order.
13. It is hereby observed that aspirant candidates whose online application forms are cleared from pending status and application ID is generated, after going through the afore referred process shall be considered on merits for the purpose of document verification and appointment at par with the candidates who have already shortlisted for the document verification.
It is made clear that the candidates who have already been shortlisted for document verification shall not be disturbed and final merit list shall be prepared according to merits including all the aspirants candidates, whose document verification have beenor would be done.
14. With aforestated observations, instant writ petitions are hereby disposed of.
15. Stay application and other pending application(s), if any, stand disposed of".(Downloaded on 12/11/2023 at 07:00:15 AM)
[2023:RJ-JD:33027] (4 of 4) [CW-15131/2023] Considering the limited submission made, the present writ petition is disposed of with a direction to the respondent No.2 to decide the pending representation of the petitioner dated 06.09.2023 in the light of judgment rendered by this court in the case of Girraj Meena (supra) within a period of eight weeks from the date of receipt of certified copy of this order.
It is made clear that the respondents will examine the case of the petitioner on its merit and if the matter is covered by the judgment of Girraj Meena (supra), the petitioner shall also be extended the same benefits.
(VINIT KUMAR MATHUR),J 331-AnilSingh/-(Downloaded on 12/11/2023 at 07:00:15 AM)
Powered by TCPDF (www.tcpdf.org)