Rajasthan High Court
Snehlata vs State Medical And Healthors on 8 March, 2022
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15381/2016
Snehlata D/o Shri Rajpal Singh, Village Bahadurwas, Tehsil And
District- Jhunjhunu Rajasthan
----Petitioner
Versus
1. State Of Rajasthan Through Director, Medical Health And
Family Welfare Department, Government Of Rajasthan,
Swasthya Bhawan, Tilak Marg, Jaipur.
2. The Additional Director Training, Medical And Health
Services, Swasthya Bhawan, Tilak Marg, Jaipur.
3. The Registrar, Rajasthan Nursing Council, B-39, Sarder
Patel Marg, C-Scheme , Jaipur
4. Incharge, Nursing Superintendent Of Health Worker
Female, Training Centre, Jhunjhunu Rajasthan
----Respondents
For Petitioner(s) : Mr.Sandeep Garssa, Adv.
For Respondent(s) : Mr.Neeraj Batra, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
08/03/2022
Learned counsel for the petitioner submitted that the present
writ petition has been filed by the petitioner seeking a direction to
allow the petitioner to complete Auxiliary Nurse and
Midwives/Female Health Worker Course, as she was pursuing after
admission since 2016.
Learned counsel submitted that the petitioner had acquired
qualification of Adeeb-Mahir from Jamia Urdu, Aligarh, which was
equivalent to 10th qualification, as recognised by the Rajasthan
Board of Secondary Examination, Ajmer.
(2 of 3) [CW-15381/2016]
Learned counsel submitted that the respondents did not
consider the petitioner eligible on the ground that the petitioner
has acquired the qualification of Adeeb-Mahir and the same was
not equivalent to 10th Class.
Learned counsel submitted that this Court in S.B.Civil Writ
Petition No.1457/2021 (Jahida Salma Vs. State of
Rajasthan and Ors.) and other connected writ petitions vide
order dated 10.02.2022, decided the controversy and it has been
held that persons having the qualification of Adeeb-Mahir from
Jamia Urdu, Aligarh cannot be denied appointment on the post of
Health Worker (Female).
Learned counsel further submitted that on the basis of
judgment passed in the case of Jahida Salma Vs. State of
Rajasthan and Ors. (supra), the Co-ordinate Bench in S.B.Civil
Writ Petition No.19991/2017 (Kamla and Ors. Vs. State of
Rajasthan & Ors.) and other connected petitions vide order
dated 25.02.2022, has again disposed of the petitions.
Learned counsel has also placed on record the order passed
by the Division Bench in D.B. Special Appeal (Writ)
No.221/2021 (Dhapu Vs. The State of Rajasthan & Ors.)
dated 02.02.2022, whereby judgment of the Co-ordinate Bench
has been upheld and the petitioner therein has been found entitled
for appointment.
Learned counsel Mr.Neeraj Batra, appearing for the
respondents does not dispute the legal proposition.
This Court, considering the orders passed in the case of
Jahida Salma Vs. State of Rajasthan and Ors. (supra) and
Kamla and Ors. Vs. State of Rajasthan & Ors. and the order
passed by the Division Bench in the case of Dhapu Vs. The State
(3 of 3) [CW-15381/2016]
of Rajasthan & Ors. (supra), deems it appropriate to allow the
petition and further directs to treat qualification of the petitioner,
as equivalent to 10th Class. The consequential order declaring
result of the petitioner and treating her eligible for appointment
may also be issued.
Accordingly, the present writ petition stands allowed. The
necessary compliance may be made by the respondents within a
period of four weeks.
(ASHOK KUMAR GAUR),J
Monika/90
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