Rajasthan High Court - Jodhpur
Gopal Krishan vs State Of Rajasthan (2025:Rj-Jd:1870) on 9 January, 2025
[2025:RJ-JD:1869]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 317/2025
Jasa Ram S/o Shri Mohan Lal, Aged About 40 Years, Resident Of
984, Kumharo Ka Bas, Vpo Jawali, Tehsil Rani, District Pali,
Presently Posted As Nursing Officer (Utb), At Govt. Mathura Das
Mathur Hospital, Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Services, Government-Secretariat,
Jaipur.
2. Director (Non-Gazetted), Medical, Health And Family
Welfare Department, Health Bhawan, Rajasthan, Jaipur.
3. The Director, State Institute Of Health And Family Welfare
(Sihfw), Jhalana Doongri, Ghat Ki Guni, Jaipur-302004.
4. The Principal And Controller, Dr. Sn Medical College ,
Shastri Nagar, Jodhpur.
5. The Superintendent, Govt. Mathura Das Mathur Hospital,
Jodhpur.
6. The Chief Medical And Health Officer, Jodhpur.
7. The Board Of Secondary Education, Rajasthan, Through
Its Secretary , Ajmer-305001.
----Respondents
Connected with
S.B. Civil Writ Petition No. 352/2025
Gopal Krishan S/o Shri Mohan Lal, Aged About 41 Years,
Resident Of 6, Rajendra Nagar, Infront Of Mahila Police Station,
Pali (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Services, Government-Secretariat,
Jaipur.
2. Director (Non-Gazetted), Medical, Health And Family
Welfare Department, Health Bhawan, Rajasthan, Jaipur.
3. The Director, State Institute Of Health And Family
(Downloaded on 24/01/2025 at 10:19:10 PM)
[2025:RJ-JD:1869] (2 of 4) [CW-317/2025]
Welfare (Sihfw), Jhalana Doongri, Ghat Ki Guni, Jaipur -
302004.
4. The Principal And Controller, Govt. Medical College, Pali.
5. The Superintendent, Govt. Bangar District Hospital, Pali.
6. The Chief Medical And Health Officer, Pali.
7. The Board Of Secondary Education, Rajasthan, Through
Its Secretary, Ajmer - 305001.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, Dy.G.C.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
09/01/2025
1. The petitioners are before this Court seeking a direction to
the respondents to accord them appointment on the post of
Nursing Officer as per their merit position with all consequential
benefits.
2. Without adverting to the facts of the case, at the very
threshold, it would be pertinent to note that the entire emphasis
of the argument canvassed on behalf of the petitioners by their
learned counsel is that having got a pre-university certificate in
the year 2005 from Janardan Rai Nagar Rajasthan Vidyapeeeth
(JRN), petitioners are entitled to the benefit thereof by treating it
equivalent to the Senior Higher Secondary Education of Board of
Secondary Education, Rajasthan, Ajmer qua which certificates are
imparted by the Board of Secondary Education, Rajasthan, Ajmer.
3. At the very outset, learned counsel for the respondents
would refer to a judgment rendered by this Court in case titled
[2025:RJ-JD:1869] (3 of 4) [CW-317/2025]
Institute of Advanced Studies in Education, (IASE) vs.
Union of India, S.B. Civil Writ Petition No. 5531/2015, which
is though under challenge by way of an intra-court appeal, but
since there is no stay granted on the same, he would contend that
in light thereof, the petitioners cannot be granted benefit of their
university degree/certificate awarded by JRN.
4. Learned counsel for the petitioners contends that, previously,
a candidate who was awarded the pre-university certificate by JRN
was extended the benefit of appointment, and the petitioners
herein are being subjected to hostile discrimination.
5. On a Court query posed to learned counsel for the
respondents, he submits that none of the candidates, who have
got pre-university certificate from JRN, have been accorded the
benefit thereof. Sain JRN is/was not an authorized/recognized
educational institute to award any such certificate or degree of
pre-university. He would, therefore, submit that contention of
equivalency as canvassed by the counsel for the petitioners of the
pre-university certificate being treated as equivalent to Senior
Higher Secondary Certificate, is of no consequence.
6. Having heard rival contentions and on perusal of case file, I
am unable to persuade myself to accept the argument of the
learned counsel for the petitioners, that since the Board itself has
held the pre-university certificate awarded by the JRN to be
equivalent to Senior High Secondary, therefore, the petitioners
cannot be held ineligible. As already noted hereinabove, since the
very awarding of the certificate by JRN has been held to be invalid
vide judgment ibid, therefore, the claim arising from equivalency
[2025:RJ-JD:1869] (4 of 4) [CW-317/2025]
granted by the Board of Secondary Education to the pre-university
certificate of JRN is completely meaningless.
7. The reference and reliance placed by the counsel for the
petitioner on another candidate, who was given the benefit of pre-
university certificate issued by the JRN is also completely
misplaced as the same was prior to the judgment rendered in
IASE ibid.
8. I am thus in agreement with the stand taken by the learned
counsel for the respondents.
9. As an upshot, petition being devoid of merit, is dismissed.
10. However, if at a subsequent stage, it is so held in the
pending intra-court appeal that the certificate awarded by the JRN
to the petitioners is to be given any credence, the petitioner shall
be at liberty to take credit of the same in future.
11. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J
128, 130-DhananjayS/skm/-
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