Rekha Khatick vs State Of Rajasthan
2023 Latest Caselaw 4239 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11212/2018

Rekha Khatick D/o Shri Ganpatlal Khatick, Aged About 38 Years, W/o Shri Rajesh Kumar, Village/post Khemli Station, Tehsil Mavli, District Udaipur

----Petitioner Versus

1. State Of Rajasthan, Through Its 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 Block Chief Medcial Officer, Mavli, District Udaipur

----Respondents

For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Gaurav Ranka for Ms Vandana Bhansali

JUSTICE DINESH MEHTA

Order

08/05/2023

1. The petitioner has challenged rejection of her candidature for

the General Nursing Training Course Session - 2018-2019.

2. On 06.08.2018, 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), a co-ordinate Bench of

this Court passed following interim order:-

"In the meanwhile, respondent No.2 is directed to provisionally accept the application form of petitioner, if she is otherwise eligible, for pursuing

(2 of 2) [CW-11212/2018]

GNM Course 2018-19 under the category of department employees."

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 as in-service candidate and that she

has already 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

06.08.2018 passed by this Court is made absolute.

6. The petitioner shall be entitled to all the benefits of the

course, as in-service candidate.

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. The pending application be decided within a period of six

weeks from today.

8. The stay application stands disposed of.

(DINESH MEHTA),J 147-akansha/-

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