Rajasthan High Court
Chaina Kumari Jat D/O Sh., Ramdev ... vs The State Of Rajasthan on 11 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.13689/2019
1. Chaina Kumari Jat D/o Sh., Ramdev Jat, W/o Kamlesh
Jat, Aged About 28 Years, By Caste Jat, R/o Village
Khyada, Tehsil Bhinay, District Ajmer. Raj.
2. Mohani Kumari Jat D/o Sh. Ladu Lal Jat, Aged About 26
Years, R/o Jabarkiya, Bhilwara, District Bhilwara, (Raj.)
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Medical And Health Department, Govt. Of Rajasthan
Secretariat, Jaipur.
2. The Coordinator, National Health Mission, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
3. The Director, Rajasthan Health And Family Welfare
Institute, Jhalana Institutional Area, Jaipur.
----Respondents
For Petitioner(s) : Mr. Naveen Dhuwan
For Respondent(s) : Mr. Arafat Hussain for Mr. Vivek Tyagi,
Dy. GC.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
11/01/2021
The issue involved in the present petition stands covered by
the judgment passed by this court in the case of Lalit Kishor
Versus State of Rajasthan & Others, SBCWP No.8908/2020
and other connected matters decided on 23.10.2020. The Issue
No.H decided in the aforesaid case is as under:-
"12.3Keeping in view the settled law, the condition laid
down in the notifications dated 21.09.2020 and
01.09.2020 is held to be illegal and unjustified and all
(2 of 2) [CW-13689/2019]
the candidates who possess the registration with the
Rajasthan Para Medical Council upto the last date of
document verification i.e. 14.10.2020 shall be treated
as eligible for consideration for appointment and if they
have been denied consideration on the ground that
they did not possess registration with the Rajasthan
Para Medical Council upto30.07.2020 shall be treated
as eligible and shall be considered for appointment as
per their merit. The writ petitions in this regard stand
allowed."
The petitioners had applied for registration and the
registration was finally issued to them before the date when they
submitted their documents for verification. However, the
petitioners have not been allowed to be considered for
appointment although, they are in merit, on the ground that
registration is not available on the last date of submission of
application.
Keeping in view the principles laid down hereinabove, this
writ petition is allowed. The petitioners shall now be considered for
appointment on the post of ANM as per their merit and as they
have already stood registered with Rajasthan Nursing Council
before the date when the verification of documents was being
conducted. The appointment of the petitioners shall be treated as
notional from the date when their juniors in merit were appointed
and actual benefits shall be available only from the date of
appointment. The exercise shall now be conducted within a period
of one month henceforth.
(SANJEEV PRAKASH SHARMA),J
Karan Bhutani /531/157
Powered by TCPDF (www.tcpdf.org)
