Rajasthan High Court - Jodhpur
Rekha Kumari Ninama vs State Of Rajasthan on 9 September, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 2) [CW-18634/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18634/2019
Rekha Kumari Ninama D/o Shri Sukh Lal, Aged About 23 Years,
R/o Village And Post Sundrav, Tehsil Anandpuri, District
Banswara (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through The Additional Director
(Administration), Medical And Health Services, Jaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Pankaj Mehta (on VC)
For Respondent(s) : Mr.Shreyansh Mehta for Mr.KS
Rajpurohit, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 09/09/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Learned counsel for the petitioner submits that the petitioner appeared for the recruitment of Female Health Worker in pursuance of advertisement dated 18.06.2018 in TSP area.
The reservation for handicap category was contested by the petitioner initially but subsequently when she found that she was in the non-reserved/general merit for appointment on the post of Female Health Worker TSP-ST candidate then she has sought appointment on the same post.
Learned counsel for the petitioner has relied upon the judgment rendered by this Court in Mukesh Kumar Vs. Rajasthan Public Service Commission (RPSC) & Anr; S.B. Civil Writ Petition NO.1186/2018, decided on 06.08.2020, the operative portion of which reads as under :- (Downloaded on 11/09/2020 at 08:44:57 PM)
(2 of 2) [CW-18634/2019] "After hearing learned counsel for the parties and perusing the record of the case, this Court deems it appropriate to allow the present writ petition in the following terms:
(i) The petitioner, who has appeared in the selection process of Junior Account in TSP-ST category should be given appointment with all consequential benefits, if he is otherwise eligible in the TSP-ST category.
(ii) The question of Outstanding Sportsperson no more remains to be adjudicated as the learned counsel for the petitioner does not contest the Outstanding Sportsperson disqualification.
(iii) The respondents are directed to give appointment to the petitioner on the post of Junior Accountant in the TSP-ST category within a period of three months from today with all consequential benefits provided he qualified for the merits in TSP-ST category. It is made clear that all consequential benefits shall be notional in nature."
Learned counsel for the respondent submits that if the petitioner is falling within the merit of TSP-ST candidate even without reservation for handicap, then appropriate appointment shall be given to her if she is otherwise eligible.
In view of the above, the present writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for appointment on the said post in the category of TSP-ST within a period of 30 days from today and grant her appointment, if she is falling within the merit for such appointment in the category of TSP (ST), if she is otherwise eligible. The respondent shall be at liberty to examine the petitioner in terms of Rule 13 of the Rajasthan Medical & Health Subordinate Service Rules, 1965.
All pending applications stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J 41-Sudheer/-
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