Indra Dhakar D/O Shri Kanhaiya Lal ... vs State Of Rajasthan
2022 Latest Caselaw 1175 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 1467/2020

Indra Dhakar D/o Shri Kanhaiya Lal Dhakar W/o Shri Kamlesh
Kumar Dhakar, Aged About 34 Years, Resident Of Village And
Post Dugari, Tehsil Nanwa, District Bundi (Raj.)
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Principal Secretary, Medical
         And Health Services, Govt. Secretariat, Jaipur
2.       The Director, Medical And Health Service, Swasthya
         Bhawan, 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) : Mr. Tanveer Ahamad through VC For Respondent(s) : Mr. V.B. Sharma, AAG through VC Mr. Neeraj Batra through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/02/2022

The matter comes up on application No.1/2021 filed by the

petitioner seeking disposal of the writ petition in terms of order

dated 14.09.2021 passed in S.B. Civil Writ Petition

No.1480/2020, Rehana Banu Ansari Vs. State of Rajasthan

& Ors. as the controversy involved is identical.

Learned counsel for the respondents did not dispute the

aforesaid position.

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

under:

(2 of 3) [CW-1467/2020]

"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 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.

(3 of 3) [CW-1467/2020]

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 disposed of 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

PRAGATI/52

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