Savitri Kanwar And Ors vs State And Ors
2022 Latest Caselaw 6211 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4343/2015

1. Savitri Kanwar W/o Shri Rajendra Singh Rathore, Aged about 32 years, R/o Village Dandeu Ram Singh, Post Dhanu Mauji, Tehsil Rajgarh, District Churu, Rajasthan.

2. Silochna Meena W/o Shri Govind Meena, R/o Ward No. 11, Mavliyo Ka Baas, Ratangarh, District Churu, Rajasthan.

3. Naresh Kumari W/o Shri Dharamveer Singh Meena, R/o Ward No.3, Mukam Post Ratan Nagar, Tehsil & District Churu, Rajasthan.

4. Lali Sav D/o Shri Amruram Sav, R/o Lachadsar, Tehsil Ratangarh, District Churu, Rajasthan.

5. Savitri Dhaka D/o Shri Bhaniram Dhaka, R/o Village Nowa, Tehsil Ratangarh, District Churu, Rajasthan.

6. Anita D/o Shri Birjaram Nai, R/o Village Jaitpura, Tehsil Rajgarh, District Churu, Rajasthan.

7. Manjubala W/o Shri Pramod Kumar, R/o Village Jaitpura, Tehsil Rajgarh, District Churu, Rajasthan.

8. Menka W/o Shri Sundar Pal, R/o V&P Dhani Moji, Tehsil Rajgarh, District Churu, Rajasthan.

9. Kiran Bhargav W/o Shri Gotam Bhargav, R/o V&P Ratan Nagar, Tehsil & District Churu, Rajasthan.

10. Babita W/o Shri Leeladhar, R/o V&P Sagda, Tehsil Bhadra, District Hanumangarh, Rajasthan.

11. Parmila W/o Shri Rajpal, R/o V&P Dhani Moji, Tehsil Rajgarh, District Churu, Rajasthan.

12. Sanju W/o Shri Anup Singh, R/o Village Janaukhari, Tehsil Rajgarh, District Churu, Rajasthan.

13. Meena W/o Shri Kuldeep, R/o Village Janaukhari, Tehsil Rajgarh, District Churu, Rajasthan.

14. Pinky D/o Shri Sube Singh, R/o VPO Bairasar, Chhota, Tehsil Rajgarh, District Churu, Rajasthan.

15. Sunil S/o Shri Mahendra Singh, R/o VPO Bairasar, Chhota, Tehsil Rajgarh, District Churu, Rajasthan.

16. Munesh Kumari S/o Shri Hawa Singh Poonia, R/o VPO Bairasar, Chhota, Tehsil Rajgarh, District Churu, Rajasthan.

----Petitioners Versus

1. State of Rajasthan through the Secretary, Department of Medical & Health, Government of Rajasthan, Jaipur, Rajasthan.

                                            (2 of 3)                  [CW-4343/2015]


   2. Director,     Medical     &    Health       Services,       Government    of
        Rajasthan, Jaipur, Rajasthan.

3. Additional Director (Admn.), Medical & Health Services, Government of Rajasthan, Jaipur Rajasthan.

4. Chief Medical & Health Officer, District Churu, Rajasthan.

----Respondents

For Petitioner(s) : Dr. Nupur Bhati with Mr. Vikram Singh.

For Respondent(s) : Mr. K. S. Rajpurohit, AAG with Mr. Shreyansh Mehta.

HON'BLE MS. JUSTICE REKHA BORANA

Order

27/04/2022

Learned counsel for the petitioners submits that the issue

raised in the present writ petition is covered by the judgment

passed in State of Rajasthan v. Ms. Firdos Tarannum & Anr.;

D.B. Special Appeal (Writ) No.534/2005 (decided on

12.01.2022) and another judgment passed in Santosh Swami v.

State of Rajasthan & Anr.; D.B. Special Appeal (Writ)

No.33/2021 (decided on 08.03.2022).

While going through the record of the case, this Court

observed that maximum of the mark lists of the petitioners as

annexed with the writ petition have been issued after the year

2011. Although, the certificates issued to some of the petitioners

specify that the course of ADEEB 2007 has been completed by the

petitioners prior to the year 2010, to be specific, in December

2008.

In Firdos Tarannum's case (supra), it has been specifically

taken note of that the recognition to the Jamia Urdu Institute had

been withdrawn by the State Government in the year 2011 and

(3 of 3) [CW-4343/2015]

therefore, the relief, if any, can be granted to only those

candidates who had acquired the requisite qualification prior to the

year 2011.

In view of the above observations, it would be appropriate, if

the present writ petition is disposed of with a direction to the

respondent Authorities to verify the mark lists as well as the

certificates issued to the petitioners prior to the consideration of

the candidature for appointment.

Consequently, the present writ petition is disposed of with

the following directions:-

(i) The respondent Authorities are directed to consider the

petitioner for appointment for the post in question according to

merit position and if appointed, to grant all consequential benefits

except back wages for the past period. In other words, the

petitioner would have the benefit of seniority for the past period

from the date the person below the petitioner in merit list was

appointed.

(ii) The above direction would be subject to availability of

posts.

(iii) The above direction would also be subject to the

verification of the mark list and the certificates issued to the

petitioner by the State Department. If the petitioners have

acquired the qualification of 'ADEEB' after year 2011, they would

not be entitled for consideration.

All the pending applications also stand disposed of.

(REKHA BORANA),J 121-Sachin/-

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