Ghamee Bishnoi vs State Of Rajasthan ...
2023 Latest Caselaw 7367 Raj

[2023:RJ-JD:30551]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12136/2023

Meera D/o Shri Ram Lal, Aged About 29 Years, R/o Vpo Khara, Tehsil Sanchore, District Jalore (Raj.).

----Petitioner Versus

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

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

----Respondents Connected With S.B. Civil Writ Petition No. 12140/2023 Ghamee Bishnoi D/o Shri Narna Ram W/o Shri Prakash Kumar, Aged About 32 Years, R/o Arnay Phulaniyon Ki Dhani, Padradi Khurd, Arnay, Tehsil Sanchore, District Jalore (Raj.).

----Petitioner Versus

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

2. The Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. The Additional Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. Mahaveer Bishnoi
For Respondent(s)            :     Mr. K.S. Rajpurohit, AAG with
                                   Mr. Lucky Rajpurohit





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          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                           Order

19/09/2023

        Heard learned counsel for the parties.

Since the controversy involved in both the above writ

petitions are similar, therefore, they are being decided by this

common order.

The present writ petitions have been filed praying for a

direction to the respondents to accept the online/offline

application form submitted by the petitioners for the post of

Female Health Worker in pursuance of the Advertisement dated

19.05.2023.

Briefly, the facts noted in the present writ petitions are that

the respondents issued an Advertisement on 15.12.2022 for filling

up the post of Female Health Worker (ANM). The petitioners,

being eligible, filled in the application form along with the requisite

fees, however, the respondents by communication dated

19.04.2023 cancelled the Advertisement dated 15.12.2022. On

19.05.2023, the respondents again issued an advertisement for

the post of Female Health Worker as per the provisions of the

Rajasthan Medical and Health Subordinate Service Rules, 1965. In

the said Advertisement, there is a condition that those persons

who have deposited the fees along with their applications in

pursuance of the Advertisement dated 15.12.2022 are not

required to deposit the entire fees and only the difference in fees

amount shall be deposited by the candidates along with their

application form. However, the online portal has not

acknowledged the receipt of the application forms submitted by

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the petitioners in pursuance of the Advertisement dated

19.05.2023. Hence, the present writ petition has been filed

seeking a direction that the application forms of the petitioners

may be accepted by the respondents.

Learned counsel for the petitioners vehemently submits that

the petitioners applied for the post of Female Health Worker by

filling in the appropriate application form in pursuance of the

Advertisement dated 19.05.2023, however, the respondent No.2

has not accepted their online/offline application form. He submits

that on account of the Biporjoy Cyclone, the internet services were

down, and for this reason, the portal of the respondent No.2 was

not working and the application forms filled in by the petitioners

could not reach the respondents on time, therefore, no receipt of

the same was generated by the respondents.

Learned counsel has relied upon the judgment passed by the

Jaipur Bench of this Court in a bunch of writ petitions led by S.B.

Civil Writ Petition No.13708/2023 "Girraj Meena Vs. State

of Rajasthan & Ors." decided on 06.09.2023.

Learned counsel for the petitioners further submits that the

respondents opened the portal for receipt of the applications w.e.f.

13.09.2023 to 19.09.2023 only, and, therefore, he prays that the

writ petition may be allowed and the respondents may be directed

to accept the online/offline application forms of the petitioners.

Per contra, the learned counsel for the respondents, while

vehemently opposing the submissions made by the learned

counsel for the petitioners submits that after the cancellation of

the earlier Advertisement, there was a condition in the

Advertisement dated 19.05.2023 that a candidate is necessarily

[2023:RJ-JD:30551] (4 of 6) [CW-12136/2023]

required to fill in the application form, and only the fees which has

been paid by the candidate on earlier occasion will be adjusted

while accepting their application form in pursuance of the

Advertisement dated 19.05.2023. He further submits that the

petitioners had never submitted an application form and,

therefore, now there is no question to accept their application

forms online or offline. He submits that the last date for filling in

the application form in pursuance of the Advertisement dated

19.05.2023 was 18.6.2023 and, therefore, if the application forms

of the petitioners are now accepted, it will open a Pandora's Box

and create a precedent and disrupt the selection process for the

post of Female Health Worker. He, therefore, prays that the writ

petition may be dismissed.

I have considered the submissions made at the Bar and have

gone through the relevant record of the case.

The submission of the application form by the petitioners

along with the requisite fees in pursuance of the Advertisement

dated 15.12.2022 is accepted by the respondents, however, in

pursuance of the fresh Advertisement issued on 19.05.2023, those

persons who have filled in the application form on earlier occasion

were mandated to fill in the fresh application form. The benefit of

the fees having been paid on the earlier occasion was granted to

such candidates and only difference of amount, if any, was

required to be paid. It was also mentioned in the Advertisement

that the fees paid by the candidates in pursuance of the

Advertisement dated 15.12.2022 shall be adjusted in the present

recruitment exercise taken by the respondents in pursuance of the

Advertisement dated 19.05.2023. In this case the petitioners have

[2023:RJ-JD:30551] (5 of 6) [CW-12136/2023]

asserted that they have filled in the application form, however,

they are unable to show anything on record that their application

forms were filled in by them in pursuance of the Advertisement

dated 19.05.2023.

Merely because a submission has been made that on account

of the Biporjoy Cyclone, the internet services were down and,

therefore, the petitioners could not fill in the application form, is

not sufficient, more particularly, when the other persons who were

similarly situated in the area have filled in the application forms

and their application forms though have not reached the

appropriate authorities, receipts of the same have been reflected

on the portal showing it to be "Pending or Successful".

The reliance as has been placed by the learned counsel for

the petitioners on the judgment of the Jaipur Bench of this Court

in the case of Girraj Meena (supra) is clearly distinguishable in the

present set of facts as the petitioners before the Jaipur bench

were able to clearly demonstrate that the application forms were

filled in by them and the portal was showing the same to be

"pending", therefore, when the application forms filled in by the

petitioners were not processed by the respondents though the

portal was showing it to be "pending", a direction was issued to

the respondents to consider the same, whereas in the present

facts, it is not on record that the application forms were ever

submitted or filled in by the petitioners before the cut-off date.

Thus, the judgment relied upon by the counsel for the petitioners

is of no help.

It is also noted that the last date for filling in the application

form was 18.06.2023 and in these circumstances, if the

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petitioners are allowed to participate today, the persons who have

not filled in the application forms before the cut-off date will be

discriminated, therefore, the relief prayed for in this writ petition

cannot be granted to the petitioners at this stage.

In view of the discussions made above, the writ petitions are

devoid of any force and same are, therefore, dismissed.

(VINIT KUMAR MATHUR),J 58-59-/VivekMishra/-

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