Rajasthan High Court - Jodhpur
Sushila vs State And Ors (2023:Rj-Jd:39845) on 21 November, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:39845]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2881/2016
Sushila
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : Mr. KR Saharan
For Respondent(s) : Mr. Shreyansh Mehta for Mr. K.S.
Rajpurohit,
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/11/2023
1. The petitioner has preferred the present writ petition
claiming the following reliefs :-
"(i) by an appropriate writ, order or direction, the
respondents may kindly be directed to treat the
qualification of Adeeb, Jamia Urdu, Aligarh (Annexure-
1) possessed by the PETITIONER equivalent to the
qualification of Secondary Examination from Board of
Secondary Education, Ajmer.
(ii) by an appropriate writ, order or direction, the
respondents may kindly be directed to provide
appointment to the petitioner on the post of Women
Health Worker in pursuant to the advertisement dated
26.02.2013 (Annexure-4) with all consequential
benefits while treating the qualification of Adeeb, Jamia
Urdu, Aligarh equivalent to the qualification of
Secondary Examination from Board of Secondary
Education, Ajmer.
(iii) by an appropriate writ, order or direction, the
impugned order dated 05.10.2015 (Annexure-9) passed
[2023:RJ-JD:39845] (2 of 3) [CW-2881/2016]
by respondent no.2 may kindly be quashed and set
aside qua the condition no.4. "
2. Learned counsel for the petitioner submits that the
respondent-State issued an advertisement dated 26.02.2013 for
the post of Women Health Worker and the petitioner being eligible
applied for the same, but the respondents have not considered her
candidature for the post of ANM Women Health Worker on the
count that the qualification of Adeep from Jamia Urdu, Aligarh is
not equivalent to Secondary Examination from the Board of
Secondary Education, Ajmer.
3. Learned counsel for the petitioner has referred to the
judgment of Division Bench of this Hon'ble Court in the matter of
The State of Rajasthan & Ors. Vs. Firdos Tarannum & Anr. (D.B.
Special Appeal Writ No.534/2005), decided on 12.01.2022, which
held the qualification of Adib to be equivalent to the secondary.
4. Learned counsel for the respondent has placed reliance upon
the judgment rendered in the case of Gomi Vs. State of Rajasthan
& ors.: D.B. SAW No.940/2019 and the same was passed while
relying upon the judgment of State of Rajasthan & Ors. Vs. Firdos
Tarannum & Anr. (supra), however, the judgment of Gomi (supra)
has been stayed by Hon'ble Supreme Court vide order dated
21.03.2023 in the SLP (Civil) Diary No.4597/2023 - The State of
Rajasthan & Ors. Vs. Gomi.
5. In view of above, the present writ petition is disposed of
while giving liberty to the petitioner to move an appropriate
application / representation before the respondents as and when
the above referred SLP in the case of State of Rajasthan Vs. Gomi
is decided in case something favourable to him comes out. Such
[2023:RJ-JD:39845] (3 of 3) [CW-2881/2016]
representation shall decide by the State strictly in accordance with
the direction passed by Hon'ble Supreme Court in the aforesaid
matter. However, it shall be open for the respondent-State to
contest the availability of seat.
6. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
46-Sudheer/-
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