Santosh Inaniya vs State Of Rajasthan ...
2023 Latest Caselaw 4111 Raj

[2023/RJJD/013561]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9658/2020

Santosh Inaniya D/o Hari Ram Inaniya W/o Dinesh Chandra Mirdha, Aged About 39 Years, Mirdha Colony, Kuchera, Nagaur. At Present Posted Anm At Primary Health Centre Inana, Tehsil Mundwa, Nagaur

----Petitioner Versus

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

2. The Addl. Director (Admin.), Medical And Health Services, Rajasthan, Health Bhawan, Jaipur.

3. The Chief Medical And Health Officer, Nagaur.

4. The Block Chief Medical Officer, Mundwa, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Lucky Rajpurohit for Mr. K.S.

Rajpurohit, AAG

JUSTICE DINESH MEHTA

Order

04/05/2023

1. The petitioner has challenged rejection of her candidature for

the General Nursing Training Course Session - 2020-21.

2. On 23.09.2020, considering the submission of the petitioner

that her case is covered by the judgment rendered in the case of

Sunila Kumari Vs. State of Rajasthan (S.B. Civil Writ Petition

No.11443/2016, decided on 25.05.2017), following interim order

was passed:-

"In the meanwhile, application of the petitioner shall be provisionally accepted and considered under 'in service category'."

[2023/RJJD/013561] (2 of 2) [CW-9658/2020]

3. A reply to the writ petition has been filed by the respondent

- State and a distinction has been sought to be drawn between

the advertisement in the case of Sunila Kumari (supra) and the

terms of the advertisement in the present case.

4. Having regard to the facts that the petitioner has simply

claimed her right of training and that she has almost completed

her training, this Court does not wish to go into nicety of the

arguments which has been advanced by the State.

5. While keeping the argument open, the interim order dated

23.09.2020 passed by this Court is made absolute.

6. The petitioner shall be permitted to complete her training

and shall be entitled to all the benefits of the course.

7. In case, the petitioner's application for study leave for the

purpose of completing her training is pending, the competent

authority shall decide the same in accordance with law and also in

light of the fact that this Court has made the interim order

absolute.

8. The stay application stands disposed of.

(DINESH MEHTA),J 35-Arvind/-

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