The State Of Rajasthan vs Sumitra Devi (2023/Rjjd/006787)
2023 Latest Caselaw 2236 Raj

[2023/RJJD/006787]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 284/2020

1. State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.

2. The Additional Director (Admn)., Medical And Health Services, Health Bhawan, Jaipur.

----Appellants Versus

1. Suman Khateek D/o Shri Heeralalkhateek, Aged About 21 Years, R/o Village Post Mangrop, Tehsil And District Bhilwara (Raj.).

2. Neetu Kumari Meena D/o Shri Kamlesh Kumar Meena, Aged About 21 Years, R/o Village Godoli, Jahajpur, District Bhilwara (Raj.).

3. Renu Kumari D/o Shri Devraj, Aged About 23 Years, R/o Gathilo Ka Khera, Aatun, District Bhilwara (Raj.).

----Respondents Connected With D.B. Spl. Appl. Writ No. 265/2020

1. The State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur

2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.

3. Chief Medical And Health Officer, Bhilwara (Raj.).

----Appellants Versus

1. Sumitra Devi D/o Shri Baksa Ram, Aged About 24 Years, R/o Jato Ka Baas, Mewara, Via Padu Kallan, Tehsil Degana, District Nagaur (Raj)

2. Suman Khateek D/o Shri Heeralal Khateek, Aged About 20 Years, R/o Village Post Manrop, Tehsil And District Bhilwara (Raj). At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

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3. Santosh Kumai Yogi D/o Shri Udanath Yogi, Aged About 23 Years, R/o Natho Ka Mohalla, Dhamniya, Tehsil Mandalgarh, District Bhilwara (Raj) At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

4. Anju D/o Shri Leeladhar, Aged About 24 Years, R/o Village Jhatawa Kalan, Po Piyusar, Malsisar, District Jhunjhunu (Raj.). At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

5. Nirma Kumari Gurjar D/o Shri Laxminarayan, Aged About 22 Years, R/o Chouka Wala Mohalla, Gopalpura, Jaipur (Raj.) At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

6. Neetu Kumari Meena D/o Shri Kamlesh Kumari Meena, Aged About 20 Years, R/o Bhagta Ka Pada, Gadoli, District Bhilwara (Raj) At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

7. Pooja Sharma D/o Shri Sampat Lal Sharma, Aged About 20 Years, R/o Athariyo Ki Jhopadiya, Khatwara, District Bhilwara (Raj) At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

8. Ruksana Devra D/o Shri Yakub Mohammad, Aged About 23 Years, R/o Chhipo Ka Mohalla, Naya Shahar, Kishangarh, District Ajmer (Raj) At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

9. Renu Kumari Verma D/o Shri Devraj, Aged About 22 Years, R/o Gathila Khera, Aatun, District Bhilwara (Raj). At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer,

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Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

10. Garg Yashriben W/o Shri Jitendra Kumar Garg, Aged About 27 Years, R/o Ward No. 15, Bagore, Tehsil Mandal, District Bhilwara (Raj). At Present Student Of Anm Training Centre Situated Under The Office Of Chief Medical And Health Officer, Bhilwara (Raj.), Undergoing The Final Year Of Anm Training Course

----Respondents D.B. Spl. Appl. Writ No. 268/2020

1. State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.

2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.

3. The Peproductive Child Health Officer, Jaisalmer (Raj.).

----Appellants Versus Asha Kanwar Shekhawat D/o Shri Uttam Singh Shekhawat, Aged About 21 Years, R/o Village Nanderi, Tehsil - Kishangarh, Ranwal, District Jaipur.

----Respondent D.B. Spl. Appl. Writ No. 274/2020

1. State Of Rajasthan, Through Secretary, Medical Health And Family Welfare, Govt. Of Rajasthan, Jaipur.

2. Add. Chief Secretary, Medical And Health Services, Rajasthan, Jaipur.

3. Additional Director (Admn), Medical And Health Services, Swasthya Bhawan, Jaipur.

----Appellants Versus

1. Nisha Kanwar D/o Shri Nathu Singh, Aged About 21 Years, R/o Sirviyo Ka Bass, Beoli Kalan, District Pali.

2. Dropadi Naval W/o Shri Shravan Kumar, Aged About 31 Years, R/o H.no. 95, Krishna Nagar, Musalmana Ka Vas, Pali, District Pali.

3. Kalpana Kumari D/o Shri Jagdish Singh, Aged About 21

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Years, R/o Near Lohagarh School Surajmal Nagar, District Bharatpur.

4. Saroj Choudhary D/o Shri Chandra Prakash Choudhary, Aged About 22 Years, R/o Pashmi Bambhuon Ki Dhani, Padasala, District Jodhpur, Rajasthan.

5. Priyanka Choudhary D/o Shri Chandra Prakash Choudhary, Aged About 20 Years, R/o Bambhuon Ki Dhani, Padasala, District Jodhpur, Rajasthan.

6. Saroj Bhanvriya D/o Gopi Ram, Aged About 20 Years, R/o Jato Ka Bass, Tehsil Merta City, Leeliya Nagaur, District Nagaur, Rajasthan.

7. Mamta Singh D/o Shri Sahiram, Aged About 20 Years, R/o Padampura, District Jhunjhunu, Rajasthan.

8. Manisha Gurjar D/o Shri Jagdish Gurjar, Aged About 20 Years, R/o Bhapur Reseedpur, Mehwa District Dausa, Rajasthan.

9. Anita Devi W/o Shri Sharvan Kumar, Aged About 23 Years, R/o Mukhiya Harijan Mohalla, Gothada, Bhukram, District Sikar, Rajasthan.

10. Sangeeta D/o Shri Prahlad Ram, Aged About 20 Years, R/ o Benivalo Ki Dhaniya Sill, Gingala, District Jodhpur, Rajasthan.

11. Mamta Kumari D/o Shri Dhana Ram, W/o Late Shri Saka Ram, R/o Village Busi, District Pali.

----Respondents D.B. Spl. Appl. Writ No. 282/2020

1. The State Of Rajasthan, Through Secretary, Department Of Medical And Health Services, Govt. Of Rajathan, Jaipur.

2. The Director, Medical And Health Services, Directorate, Rajasthan, Tilak Marg, Health Bhawan, Jaipur.

3. The Additional Director (Administration), Medical And Health Services, Directorate, Rajasthan, Tilak Marg, Health Bhawan, Jaipur.

4. The Secretary, Rajasthan Nursing Council, Jaipur, B-39, Sardar Patel Marg, C Scheme, Jaipur.

----Appellants Versus

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1. Ravina Rathore D/o Shri Gajraj Singh, Aged About 22 Years, R/o Village Mokalsar, Tehsil Siwana, District Barmer, Rajasthan.

2. Meenakshi Kharwal D/o Shri Gajraj Singh, Aged About 29 Years, R/o Village Mokalsar, Tehsil Siwana, District Barmer, Rajasthan.

----Respondents D.B. Spl. Appl. Writ No. 283/2020

1. The State Of Rajasthan, Through The Additional Director (Administration), Department Of Medical Nd Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Additional Director (Administration), Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

----Appellants Versus

1. Anita Kumari D/o Shri Rakma Maida, Aged About 27 Years, R/o Bhagatpura, Post Surpur, Tehsil And District Banswara, Rajasthan.

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

----Respondents D.B. Spl. Appl. Writ No. 286/2020

1. The State Of Rajasthan, Through Secretary, Medical Health And Family Welfare, Govt. Of Rajasthan, Jaipur.

2. Addl. Chief Secretary, Medical And Health Services, Rajasthan, Jaipur.

3. Additional Director (Admn), Medical And Health Services, Swasthya Bhawan, Jaipur.

----Appellants Versus

1. Meenal Gaur D/o Shri Vijendra Gaur, Aged About 21 Years, Plot No. 84, Prabhu Niwas, Shiv Road, Ratanda Road, Jodhpur.

2. Poonam D/o Shri Pukha Raj, Aged About 27 Years, Near Teja Mandir, Maderana Colony, J Meenal Gaur D/o Shi Vijendra Gaur, Aged About 21 Years, Plot No. 84, Prabhu

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Niwas, Shiv Road, Ratanada Road, Jodhpur.

3. Ankita Barmera D/o Shri Satyanarayan Barmera, Aged About 27 Years, Resident Of Dandiyo Ka Chowk, Near Shiv Temple, Sunaro Ka Bas, Jodhpur.

4. Deepu Kanwar D/o Shri Pemp Singh, Aged About 22 Years, Resident Of Bapini Khetani Ki Dhani, Bapini, Jodhpur.

5. Priynaka Giri D/o Shri Kailash Giri, Aged About 21 Years, Resident Of Bada Gavad, Asop, Jodhpur.

6. Pooja D/o Shri Ummeda Ram, Aged About 21 Years, Resident Of Near Ram Dev Temple, Jagdamba Colony Moti Kund, Jodhpur.

7. Leela D/o Shri Ram Kishoree, Aged About 22 Years, Resident Of Kalso Ki Dhani Barchha, Bagoriya, Jodhpur.

8. Dhanni Chouhan D/o Shri Mangikak Chouhan, Aged About 22 Years, Resident Of Alka Hamiran, Nagaur.

9. Rajal D/o Shri Sohan Lal, Aged About 21 Years, Resident Of Barni Khurd, Jodhpur.

10. Suman D/o Shri Pukha Ram, Aged About 20 Years, Resident Of Akla Hamiran, Nagaur.

11. Usha W/o Shri Ram Pratap, Aged About 23 Years, Resident Of Sarno Ka Bas, Chandrai, Nagaur.

12. Urmila W/o Shri Ram Swaroop, Aged About 23 Years, Resident Of Shri Laxman Nagar, Chadi Chautina, Chhadi, Jodhpur.

13. Salini Gaur D/o Shri Vijendra Gaur, Aged About 23 Years, Resident Of 84, Prabhu Niwas, Shiv Marg, Ratanada, Jodhpur.

14. Gyarshi Meena D/o Shri Nand Ram Meena, Aged About 25 Years, Resident Of Ward No. 1, Gordhanpura, Sikar.

15. Yogita Sharma D/o Shri Murari Lal Nagori, Resident Of Falasa, Marvad, Mundwa, Nagaur.

----Respondents D.B. Spl. Appl. Writ No. 339/2020

1. State Of Rajasthan, Through The Additional Director (Administration), Department Of Medical And Health Services, Government Of Rajasthan, Jaipur (Raj.).

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2. Additional Director (Administration), Department Of Medical And Health Services, Government Of Rajasthan Secretariat, Jaipur, Rajasthan.

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

----Appellants Versus Asha Kumari Vadera D/o Ramesh Lal Vadera, Aged About 26 Years, Damana (Talab), Post Damana, Tehsil Jhadol, District Udaipur, Rajasthan.

----Respondent D.B. Spl. Appl. Writ No. 344/2020

1. State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.

2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.

3. The Rajasthan Nursing Council, Through Its Registrar, B-

39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan, 302001.

----Appellants Versus

1. Sharda Karwa D/o Shri Babu Lal, Aged About 21 Years, Resident Of Village Teetari, Post Jodhiyasi, Tehsil And District Nagaur, (Raj.).

2. Sarita Nayak D/o Shri Mani Ram Nayak, Aged About 22 Years, Resident Of Nayako Ki Dhaniya, Mundi, Via Tarnau, Tehsil Jayal, District Nagaur, (Raj.).

----Respondents D.B. Spl. Appl. Writ No. 67/2021

1. State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.

2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.

3. The Reproductive Child Health Officer, Nagaur, Raj.

----Appellants

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Versus

1. Anita D/o Shri Moolchand, Aged About 20 Years, Resident Of Village Dudiya, District Jhunjhunu.

2. Babita D/o Shri Moolchand, Aged About 21 Years, Resident Of Village Dudiya, District Jhunjhunu.

3. Jhasoda Bhobiya D/o Shri Ram Narayan, Aged About 22 Years, Resident Of Village Maalgaav, District Nagaur.

----Respondents

For Appellant(s) : Mr. M.S. Singhvi, Sr. Advocate-cum-

Advocate General through VC assisted by Mr. K.S. Lodha Mr. K.S. Rajpurohit, AAG with Mr. Rajat Arora For Respondent(s) : None present.

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/03/2023

Shri M.S. Singhvi, Sr. Advocate-cum-Advocate General

appears for the State.

None present for the respondents apparently for the reason

that their counsel are abstaining from work pursuant to the call

given by the office bearers of the Bar Association. Such non-

appearance is clearly illegal and in breach of the order of Hon'ble

the Supreme Court in the case of Ex. Capt. Harish Uppal Vs.

Union of India & Anr. reported in (2003)2 SCC 45.

Shri M.S. Singhvi, learned Advocate General would point out

this Court that the issue as to whether, a candidate, who has

obtained registration subsequent to the last date for submission of

application form, is entitled to be treated as eligible, is no longer

res-integra. Referring to the judgment of this Court in the case of

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State of Rajasthan & Ors. vs. Zaiba & Ors. (D.B. Special

Appeal (Writ) No.252/2019) decided on 24.04.2020, he

would submit that it has now been settled that if a candidate does

not possess registration on or before the last date of submission of

application form, he cannot be treated as eligible.

We have gone through the judgment passed in the case of

State of Rajasthan & Ors. vs. Zaiba & Ors. (supra).

The orders of the learned Single Judge proceed on the order

passed by the learned Single Judge in the case of Zaiba & Ors.

Since the judgment of the learned Single Judge has now been

reversed in the appeal filed by the State, as referred to herein

above in the case of State of Rajasthan & Ors. vs. Zaiba &

Ors. (supra), the orders under challenge in these appeals,

cannot be sustained in law.

Accordingly, all these appeals are allowed. The orders

impugned passed by the learned Single Judge are set aside and

the writ petitions are dismissed.

A copy of this order be placed in each file.

(KULDEEP MATHUR),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

28-Ravi Kh/Tikam/-

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