Rajasthan High Court - Jodhpur
Muli Kumari vs State Of Rajasthan on 4 March, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8129/2019
Muli Kumari D/o Maga Ramji, Aged About 27 Years, Resident Of
Village Post Sarli, Tehsil And District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health Services, Secretariat,
Jaipur.
2. Additional Director (Admn.), Medical And Health Services,
Health Bhawan, Jaipur.
3. Director, State Health And Family Welfare Sansthan, Nh 8
Bypass Rd, Jhalana Institutional Area, Jhalana Doongri,
Jaipur Rajasthan 302004.
4. The Mission Director, National Health Mission, Health
Bhawan, Jaipur.
5. Rajasthan Nursing Council, Jaipur, Through Its Registrar.
6. Chief Medical And Health Officer, Barmer.
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati.
For Respondent(s) : Mr. K.S. Rajpurohit, AAG through VC
with Mr. Shreyansh Mehta.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
04/03/2022
Counsel for the petitioner submits that the issue raised in the
present writ petition is squarely covered by order of this Court in
Usha vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition
No.2251/2020 decided on 11.02.2022, wherein in identical
circumstances, the petition filed by the petitioner therein was
allowed and therefore, the petition filed by the petitioner may also
be allowed.
Learned counsel for the respondents do not dispute the fact
that the issue raised in the present writ petition is similar to that
in the case of Usha (supra).
(2 of 2) [CW-8129/2019]
In this case of Usha (supra), this Court referring to Division
Bench judgment in State of Rajasthan vs. Ms. Firdos Tarannum &
Anr : D.B. Special Appeal (W) No.534/2005, decided on
12.01.2022, inter-alia came to the following conclusion and
directed as under: -
"A perusal of the above would reveal that the Division
Bench has held that the qualification of Adeeb obtained from
Jamia Urdu, Aligarh is equivalent to High School.
Further, as the equivalence was withdrawn by the
Board of Secondary Education in the year 2011, the
withdrawal would be prospective only.
In the present case, the petitioner has passed Adeeb
in the year 2010 and as such, in view of the judgment in
the case of Ms. Firdos Tarannum (supra), she is eligible.
Learned counsel for the respondents though does not
dispute the fact that the issue raised is covered by the
judgment in the case of Ms. Firdos Tarannum (supra),
however, submits that the State is in the process of
questioning the validity of the said order before Hon'ble
Supreme Court by filing Special Leave Petition.
Be it as it may, the issue raised is squarely covered by
Division Bench judgment in the case of Ms. Firdos Tarannum
(supra).
Consequently, the writ petition filed by the petitioner
is allowed. The respondents are directed to declare the
result of the petitioner and in case, the petitioner stands in
merit, accord her appointment as per her merit, if she is
otherwise eligible.
The petitioner would be entitled to all consequential
benefits w.e.f. the date, person lower in merit to the
petitioner was accorded appointment, however, the
petitioner would be entitled to monetary benefits from the
date, appointment is accorded to the petitioner."
In view of above fact situation, the petition filed by the
petitioner is allowed with similar directions as given in the case of
Usha (supra).
(ARUN BHANSALI),J
99-Rmathur/-
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