Rajasthan High Court - Jodhpur
Bidami Kumari vs State Of Rajasthan on 24 February, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 766/2023
Bidami Kumari D/o Shri Kailash Godara, Aged About 30 Years,
Resident Of Village Manjhws, District Nagaur.
----Petitioner
Versus
1. 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, Nagaur.
5. Rajasthan Nursing Council, Jaipur, Through Its Registrar.
----Respondents
Petitioner(s) : Ms. Bidami Kumari.
For Respondent(s) : Mr. Shreyansh Mehta for Mr. K.S.
Rajpurohit, AAG.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/02/2023
No assistance of lawyers is available today.
It is informed by Bidami Kumari petitioner, who is present in
person that this Court has passed following order 19.01.2023:
"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 because of
the fact that the petitioner had passed Senior
Secondary from Jamia Urdu Aligarh Board.
(2 of 3) [CW-766/2023]
2. Learned counsel submits that the Division
Bench of this Court by way of order dated
12.01.2022 passed in DB Special Appeal Writ
No.534/2005, has set the controversy at rest by
holding 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 law laid down 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, last date for submitting application
form is 31.01.2023, a direction is issued to the
respondent No.5 to consider petitioner's
application and grant registration, if she is
otherwise eligible. The needful be done before the
next date.
5. List this case on 27.01.2023.
6. Mr. Mahendra Vishnoi is directed to appear in
this matter.
7. Two sets of paper book be supplied to Mr.
Vishnoi today itself."
It is submitted by the petitioner that till date the respondent
No.5, Rajasthan Nursing Council has not issued registration
certificate and due to which the petitioner is unable to submit
application form for the post of ANM pursuant to recruitment
notification dated 15.12.2022.
(3 of 3) [CW-766/2023]
In view of above, the respondents are directed to accept off-
line application form of the petitioner pursuant to notification
dated 15.12.2020 and she shall be allowed in the selection
process provisionally.
It is made clear that allowing the petitioner in the selection
process shall not create any right in favour of the petitioner.
Mr. Shreyansh Mehta, assistant to the Mr. Karan Sigh
Rajpurohit, learned Additional Advocate General submits that
caveat has been filed in the present matter, despite that copy of
the writ petition has not been supplied to him. The petitioner is
directed to supply copy of the writ petition alongwith annexures to
Mr. Shreyansh Menta during the course of day.
(DR.PUSHPENDRA SINGH BHATI),J
1-a.asopa/-
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