Subhash Sharma S/O Shri Mahaveer ... vs State Of Rajasthan
2021 Latest Caselaw 6557 Raj/2

Citation : 2021 Latest Caselaw 6557 Raj/2
Judgement Date : 16 November, 2021

Rajasthan High Court

Subhash Sharma S/O Shri Mahaveer ... vs State Of Rajasthan on 16 November, 2021

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10757/2020

Subhash Sharma S/o Shri Mahaveer Prasad Sharma, R/o Village
Kariri, Tehsil Shahpura Ji, Jaipur, Rajasthan
                                                                     ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Principal Secretary, Medical
        And Health Services, Govt. Secretariat, Jaipur.
2.      The Director, Medical And Health Services, Swasthya
        Bhawan, Tilak Marg, C-Scheme, Jaipur.
3.      The Addl. Director (Admn.), Medical And Health Services,
        Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4.      Rajasthan Nursing Council, Through The Registrar, B-39,
        Sardar Patel Marg, C-Scheme, Jaipur Rajasthan, 302001
                                                                  ----Respondents

For Petitioner(s) : Ms. Sara Parveen for Mr Tanveer Ahamad For Respondent(s) : Dr. V.B. Sharma, AAG Mr. Neeraj Batra

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

16/11/2021

The matter comes up on an application (1/2021) filed by the

petitioner praying therein that the controversy raised herein

stands squarely covered by a Coordinate Bench Judgment of this

Court dated 14.09.2021 passed in SB Civil Writ Petition

No.1480/2020, Rahana Banu Ansari versus State of

Rajasthan & Ors. and prays for disposal of the instant writ

petition in similar terms.

(2 of 3) [CW-10757/2020]

Learned counsels for the respondents did not dispute the

aforesaid factual/legal submission made by the learned counsel for

the petitioner.

In the writ petition, the petitioner has assailed the

action/omission of the respondent in not considering his

candidature for appointment on the post of Nurse Grade-II in

pursuance of advertisement dated 30.05.2018 on account of non

issuance/non renewal of his registration with the Rajasthan

Nursing Council.

This Court, in case of Rehana Banu Ansari (supra), held as

under:-

"Learned counsel for the parties submit that issue raised in the present writ petition is squarely covered by order of this Court in Sangeeta Mathews v. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.1552/2020 decided on 19.04.2021 at principal seat, Jodhpur and, therefore, the present writ petition may also be decided in light of the said judgment.

In the case of Sangeeta Mathews (Supra) the Court inter-alia directed as under:-

"If the respondents' stand that immediately on grant of no objection certificate by Rajasthan Nursing Council, a candidate's registration stands cancelled is taken to its logical end, then in the opinion of this Court, during the interregnum period of issuance of a no objection certificate by RNC and grant of registration by other State, a duly qualified and eligible Nurse Grade- II/Midwife would lend themselves in no man's land - a situation of having no registration at all. Such situation, would naturally impinge upon a candidate's fundamental rights guaranteed by Articles 14, 16 and19(1)(g) of the Constitution of India.

That apart, the petitioner had applied for renewal of her registration on 18.01.2019 and again applied for fresh registration on 19.08.2019. It was thus, the fault of the respondent - Nursing Council, which sat tight over the matter and

(3 of 3) [CW-10757/2020]

neither renewed petitioner's registration nor did it issue any notice to her. Redtapism prevalent in RNC has resulted in rejection of petitioner's candidature.

In the backdrop of factual matrix of the case in hands, this Court does not find the petitioner to be faultering or erring, in any manner.

As a necessary corollary or consequence of discussions forgoing, the writ petition succeeds. The list dated 08.01.2020 reflecting petitioner's name in the list of rejected candidates, is, therefore, quashed and set aside, albeit, qua the petitioner.

The respondents are directed to accord appointment to the petitioner, if she fulfills other eligibility criteria.

Appointment order and requisite positing order be issued to the petitioner latest by 31.05.2021.

The petitioner shall be entitled for notional benefits w.e.f. 24.01.2020, when the persons, less meritorious than her, have been given/offered appointment (vide select list dated24.01.2020). Costs made easy.76.All interlocutory applications, including stay application stand disposed of."

In view of the submissions made by counsel for the parties, this present writ petition is also decided in terms of and with directions as given in the case of Sangeeta Mathews (Supra)."

In view thereof as also in view of the submissions made by

the learned counsels for the respective parties, the application is

allowed.

The writ petition is decided in terms of direction issued by

this Court in case of Rehana Banu Ansari (Supra) which has

followed the judgment in case of Sangeeta Mathews (Supra).

(MAHENDAR KUMAR GOYAL),J

Manish/30