Rajasthan High Court - Jodhpur
Smt. Jaswanti vs State Of Rajasthan on 26 May, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9459/2020
1. Smt. Jaswanti D/o Shri Satya Kumar W/o Shri Inderpal
Singh, aged about 37 Years, by caste Meghwal, Resident
of Balan, Post Beeran, Tehsil Rajgarh, District Churu
Presently posted as A.N.M., Primary Health Center,
Nathusar, Tehsil Nokha, District Bikaner.
2. Smt. Ratna Kumari D/o Shri Gomaram W/o Shri
Dharmesh Dayal, aged about 31 Years, by caste Jat,
Resident of Village Jhadsar Kandhlan, Tehsil Taranagar,
District Churu Presently posted as A.N.M., Sub Health
Center, Indrapalsar Sankhal, Tehsil Dungargarh, District
Bikaner.
3. Smt. Sangeet D/o Shri Tulsiram W/o Shri Devilal Punia,
aged about 30 Years, by caste Jat, Resident of Village
Post Buchawas, Tehsil Taranagar, District Churu Presently
Working at Community Health Center, Tehsil Taranagar,
District Churu.
4. Smt. Suman D/o Shri Jailal Saharan W/o Shri Maniram
Godara, aged about 30 Years, by caste Jat, Resident of
Village Barsinghsar, Tehsil and District Bikaner, Presently
Posted as A.N.M., Sub Health Center, Udeshiya, Division
Loonkaransar, Primary Health Center, Khichera, District
Bikaner.
----Petitioners
Versus
1. State of Rajasthan, through its Principal Secretary,
Department of Medical and Health Services, Government
of Rajasthan, Secretariat, Jaipur.
2. Additional Director (Admn.), Medical and Health Services,
Swasthya Bhawan, Rajasthan, Jaipur.
3. Chief Medical and Health Officer, Bikaner.
4. Chief Medical and Health Officer, Churu.
5. Block Chief Medical Officer, Nokha, District Bikaner.
6. Block Chief Medical Officer, Sri Dungargarh, District
Bikaner.
7. Block Chief Medical and Health Officer, Division Taranagar,
District Churu.
(2 of 3) [CW-9459/2020]
8. Chief Block Medical Officer, Bikaner.
----Respondents
For Petitioner(s) : Mr. S.K. Poonia
For Respondent(s) : Mr. K.S. Rajpurohit, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
26/05/2022
Learned counsel for the petitioners submits that the
controversy in question is covered by the judgment passed in the
case of Sunila Kumari v. The state of Rajasthan & Ors. (S.B.
Civil Writ Petition No.11443/2016) decided on 25.05.2017,
which has been affirmed by the Division Bench vide order dated
08.11.2017 in D.B. Special Appeal (Writ) No.925/2017
(State of Rajasthan & Ors. v. Sunila Kumari).
Learned counsel for the respondents does not refute the
above submission.
In the case of Sunila Kumari (supra), a Co-ordinate Bench
of this Court held as under:-
"In view of the above discussion, this Court
has no hesitation in holding that the rejection of
petitioner's candidature for the GNM Training
Course, on the footing that the petitioner has not
completed five years' regular service, is illegal
and arbitrary. Petitioner's exclusion from the list
of candidature being not in consonance with the
conditions of the advertisement, is therefore,
quashed.
It is held that the petitioner is entitled for
pursuing the GNM training course, as she has got
more than five years' experience of continuous
service, as ANM."
(3 of 3) [CW-9459/2020]
In view of the ratio as laid down in Sunila Kumari's case
(supra), the present writ petition is allowed. The respondents are
directed to permit the petitioners to undergo the training and
attend the classes of GNM training course and grant them study
leave as ordered in the case of Sunila Kumari (supra).
(REKHA BORANA),J
111-AnilKC/-
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