Rajasthan High Court
Rajni vs State Medical And Healthors on 11 July, 2022
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1789/2015
1. Shashi D/o Shri Hari Raj Singh, Aged 27 years, R/o A-61,
Main Road, Near Raghu Aata Chakki, Subhash Nagar, Bharatpur
(Rajasthan).
2. Kamlesh D/o Shri Puran Mal, R/o Village/Post Sabora, Tehsil
Kumher, District Bharatpur (Rajasthan).
3. Sita D/o Shri Satya Prakash, R/o Village Pharso, Tehsil
Bayana, District Bharatpur (Rajasthan).
4. Rekha Rani D/o Shri Rajan Singh, R/o Village Lalonihar, Tehsil
Bari, District Dholpur (Rajasthan).
Petitioner
Versus
1. The State of Rajasthan through the Principal Secretary,
Medical & Health Department, Government Secretariat, Jaipur
(Rajasthan).
2.The Director, Directorate of Medical & Health Services,
Rajasthan, Jaipur (Rajasthan).
3. The Additional Director (Training), Directorate of Medical &
Health Services, Rajasthan, Jaipur (Rajasthan).
4. The Chief Medical Health Officer, Bharatpur (Rajasthan).
5. The Chief Medical Health Officer, Dholpur (Rajasthan).
6. The Principal, Female Health Worker Training Centre, Kumher,
District Bharatpur (Rajasthan).
7. The Principal, Female Health worker Training Centre, Dholpur
(Rajasthan).
----Respondent
Connected With
S.B. Civil Writ Petition No. 8668/2015
1. Laxmi Devi W/o Rajendra Singh, D/o Bhajan Lal, aged about
32 years, R/o at present Village Borpa, Tehsil & District Mathura
(Uttar Pradesh).
2. Raj Rani W/o Devendra Kumar, Aged about 31 years, Village
Nangle Lodha, Tehsil & District Bharatpur.
----Petitioners
Versus
1. The State of Rajasthan through Principal Secretary, Medical &
Health Department, Government of Rajasthan, Secretariat,
(2 of 4) [CW-1789/2015]
Jaipur.
2.The Director, Medical & Health Services, Directorate of Medical
& Health, Swasthya Bhawan, Jaipur.
3. The Additional Director (Training), Medical & Health Services,
Directorate of Medical & Health, Swasthya Bhawan, Jaipur.
4. Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg,
Jaipur.
5. The Chief Medical & Health Officer, Bharatpur.
6. The Principal, Female Health Worker, Training Centre, Kumher,
District Bharatpur.
----Respondents
S.B. Civil Writ Petition No. 8669/2015
Rajni D/o Shri Ratan Lal, aged about 22 years, R/o Saraya
Mohalla, Purani Deeg, District Bharatpur.
----Petitioner
Versus
1. The State of Rajasthan through Principal Secretary, Medical &
Health Department, Government of Rajasthan, Secretariat,
Jaipur.
2.The Director, Medical & Health Services, Directorate of Medical
& Health, Swasthya Bhawan, Jaipur.
3. The Additional Director (Training), Medical & Health Services,
Directorate of Medical & Health, Swasthya Bhawan, Jaipur.
4. Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg,
Jaipur.
5. The Chief Medical & Health Officer, Dholpur.
6. The Principal, Female Health Worker, Training Centre, Dholpur.
----Respondents
For Petitioner(s) : Mr.Asgar Khan
For Respondent(s) : Mr.Chandra Shekhar for Mr. Bharat
Saini
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
11/07/2022
These writ petitions have been filed by the petitioners for
seeking a direction to continue in the training course for Female
(3 of 4) [CW-1789/2015]
Health Worker in Medical Department on the basis of qualification
of Adeeb-e-Mahir, acquired by them from Jamia Urdu, Aligarh.
The petitioners have also prayed that the qualification of
Adeeb-e-Mahir may be treated equivalent to Senior Secondary
from Board of Secondary Education, Rajasthan.
The petitioners have a common grievance that after their
admission in the training course, the respondents, by the
impugned order, discontinued them on the basis of their
qualification not being recognized equivalent to senior secondary.
Learned counsel for the petitioners has moved an application
bearing No.1/22 in SB Civil Writ Petition No.1789/2015 and
submitted that Division Bench of this Court in DB Special Appeal
(W) No.534/2005 (State of Rajasthan & Ors.Vs. Firdos
Tarannum & Anr.) has decided the similar controversy vide
order dated 12th January, 2022, whereby the qualification,
acquired by the respondents-original petitioners therein, has been
treated to be equivalent to senior secondary from Board of
Secondary Education, Rajasthan.
Learned counsel further submitted that the Coordinate Bench
of this Court, vide order dated 25 th February, 2022, passed in SB
Civil Writ Petition No.19991/2017 (Kamla & Ors. Vs. State
of Rajasthan & Ors.) has also decided the similar controversy by
placing reliance on a judgment passed in SB Civil Writ Petition
1457/2021 (Jahida Salma Vs. State of Rajasthan & Ors.).
Learned counsel, appearing for the respondents, does not
dispute the legal proposition settled by the Division Bench and as
such, he has no objection, if the writ petitions, filed by the
petitioners, are disposed off in terms of the order passed by the
(4 of 4) [CW-1789/2015]
Division Bench in the case of State of Rajasthan & Ors.Vs.
Firdos Tarannum & Anr. (supra).
I have considered the submissions made by learned counsel
for the parties and perused the record of the case.
This Court finds that the issue of treating qualification of the
petitioners is now decided by the Division Bench and accordingly,
the petitioners become entitled to complete their course of Female
Health Worker as per the initial admission granted to them.
This Court also finds that the impugned order dated 12 th
September, 2014, issued by the respondents is also not
sustainable in the eyes of law, thus the same is set aside.
Accordingly, these writ petitions are disposed of by giving
directions to the respondents to permit the petitioners to complete
their training course and they may also be issued necessary
certificate, if the petitioners have passed their training
successfully.
A copy of this order be separately placed in each file.
(ASHOK KUMAR GAUR),J
Preeti Asopa /39-41
Powered by TCPDF (www.tcpdf.org)
