Jay Bala vs The State Of Rajasthan ...
2023 Latest Caselaw 1413 Raj

Citation : 2023 Latest Caselaw 1413 Raj
Judgement Date : 6 February, 2023

Rajasthan High Court - Jodhpur

Jay Bala vs The State Of Rajasthan ... on 6 February, 2023

Bench: Arun Bhansali

[2023/RJJD/004120]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 568/2023

Jay Bala D/o Shri Bhanwar Lal Ji, Aged About 27 Years, Resident Of 12, Rajendra Nagar, Bageshwar Road, Pali, District Pali.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary To The Government, Medical And Health (Group-Ii) Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. Joint Director, Medical And Health Department, Rajasthan, Bikaner.

4. Chief Medical And Health Officer, Pali.

5. Rajasthan Nursing Council, Jaipur, Through Its Registrar.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Manoj Bohra.
For Respondent(s)          :     Mr. Shreyansh Mehta for Mr. K.S.
                                 Rajpurohit, AAG
                                 Mr. Mahaveer Vishnoi.



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

06/02/2023

This writ petition has been filed by the petitioner seeking a

direction to the respondent No.5 - Rajasthan Nursing Council to

issue the registration certificate of ANM Course to the petitioner.

By order dated 19.01.2023, a Co-ordinate Bench of this

Court, inter-alia, directed as under :-

"1. Learned counsel for the petitioner raises a grievance that her application for registration with the Council is pending consideration before the respondent No.5 since 2015 perhaps only because the petitioner had passed Senior Secondary from Jamia Urdu Aligarh Board.

[2023/RJJD/004120] (2 of 3) [CW-568/2023]

2. Learned counsel submits that by the Division Bench of this Court vide its order dated 12.01.2022 in DB Special Appeal Writ No.534/2005, the controversy has been set at rest by observing that the courses of (Adib) examination imparted by Jamia Urdu Aligarh have been recognized and equated with secondary examination and that qualification of candidates who pursued the course and obtained certificate prior to 05.07.2011 (date of withdrawing recognition) is valid.

3. It is the contention of the petitioner that she obtained the certificate in the year 2010 and thus, her qualification is valid in light of order rendered by the Division Bench vide its judgment dated 12.01.2022.

4. In view of the submissions so made and considering that the petitioner is required to submit application form on the post of ANM pursuant to the recruitment notification dated 15.12.2022, a direction is issued to the respondent No.5 to consider petitioner's application and grant registration certificate, if she is otherwise eligible on or before the next date.

5. List this case on 27.01.2023."

Learned counsel appearing for the respondent - Rajasthan

Nursing Council made submissions that the council has been

repeatedly seeking instructions from the State Government

regarding the implication / compliance of the order in the case of

State Of Rajasthan (The) And Ors. vs Firdos Tarannum : D.B. Spl.

Appl. Writ No. 534/2005, decided on 12.01.2022, however, the

same is not forth-coming and on account of the said non-

communication from the State, the direction issued by this Court

on 19.01.2023 could not be complied with.

Learned counsel appearing for the respondent-State made

submissions that many similar nature matters, orders have been