Rajasthan High Court - Jodhpur
Maina Kumari vs The State Of Rajasthan on 9 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 594/2020
Maina Kumari D/o Sh. Balbir Singh W/o Sh. Rajender Kumar,
Aged About 29 Years, Resident Of Chak 3 Y Tehsil And District
Sriganganagar (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Medical
And Health Department, Secretariat, Jaipur (Rajasthan).
2. Director, State Medical And Family Welfare Institute,
Zhalana Institutional Area, Jaipur (Raj.).
3. The Additional Director (Administration), Medical And
Health Services, Tilak Marg, Swasthya Bhawan, Jaipur.
4. Board Of Secondary Education, Ajmer, Through Its
Secretary.
----Respondents
For Petitioner(s) : Mr. K.R.Saharan.
For Respondent(s) : Mr. K.S.Rajpurohit, AAG.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/01/2023
Mr. K.S.Rajpurohit, learned AAG puts in appearance on
behalf of respondents.
Copy of the petition has been supplied to him.
Learned counsel for the parties submit that the issue raised
in the present writ petition is covered by order in State of
Rajasthan vs. Ms. Firdos Tarannum & Anr.: D.B. Special Appeal
(W) No.534/2005 decided on 12.01.2022 and another order in
Santosh Swami Vs State of Rajasthan & Anr.: D.B. Special Appeal
(2 of 3) [CW-594/2020]
(W) No.33/2021, decided on 08.03.2022, following the order in
the case of Ms. Firdos Tarannum (supra).
In the case of Santosh Swami (supra), the Division Bench
inter-alia observed as under:-
"Learned counsel for the appellant would submit
that the reason for upholding the results of the
appellant in the matter of appointment pursuant to
advertisement dated 18.06.2018 is on account of
dispute with regard to recognition of qualification of
Adeeb-Mahir. He would submit that in relation to
earlier advertisement of the year 2000, involving
identical issue of recognition of Adeeb-Mahir
qualification, this court vide order dated 12.01.2022
passed in D.B. Spl. Appl. Writ No.534/2005 has held
that all such qualifications issued prior to recall in the
year 2011, have to be recognized.
Therefore, it is contended that the issue raised
by the appellant is squarely covered by the aforesaid
judgment.
Counsel for the State would submit that the
order passed in SAW No.534/2005 was related to
only those cases where the result was withheld in the
matter of selection/ appointment pursuant to
advertisement of 2000, while in the present case,
withholding of result was pursuant to advertisement
of 2018. he would further submit that in the
aforesaid decision, relief has been granted by this
court directing the State authorities to consider the
case of the appellants therein for appointment for the
post in question according to merit position. He
would submit that though on legal issue, this case is
also covered, but appointments would be subject to
availability of posts.
We find that the issue raised in this appeal is
squarely covered by order dated 12.01.2022 passed
in D.B.Spl. Appl. Writ No.534/2005 and as in the
present case, admittedly, the qualification was
obtained prior to withdrawal of recognition in the
year 2011, the appellant, in this case, would also be
entitled to similar relief as has been granted in the
other case.
It goes without saying that the direction, which
has been given in other case is also to be given in
this case, would be subject to availability of the
posts.
Accordingly, this appeal is also disposed off with
a direction to the State authorities to consider the
appellant for appointment for the post in question
according to merit position and if appointed, to grant
(3 of 3) [CW-594/2020]
all consequential benefits except back wages for the
past period. In other words, the appellant would have
the benefit of seniority for the past period from the
date the person below the petitioner in merit list was
appointed"
In view of the submissions made, the petition filed by the
petitioner is disposed of in light of and with similar directions as
given in the case of Santosh Swami (supra).
(VINIT KUMAR MATHUR),J
2-AnilSingh/-
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