Rajasthan High Court - Jaipur
Ajay Singh Dhayal S/O Sardar Singh ... vs The State Of Rajasthan on 18 September, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2156/2020
Ajay Singh Dhayal S/o Sardar Singh Dhayal, Aged About 27
Years, R/o Ward No. 8, Purohit Ka Bas, Post Tapipalya, Via
Reengus, District Sikar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Medical And Health Department, Govt. Of Rajasthan,
Secretariat, C-Scheme, Jaipur.
2. The Director, Medical And Health Services, Rajasthan,
Tilak Marg, Swasthya Bhawan, Jaipur.
3. The Additional Director (Administration), Medical And
Health Services, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Manish Choudhary. For Respondent(s) : Mr. Ankit Rathore for Mr. V. B. Sharma, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 18/09/2021 Learned counsel for the parties submit that the issue raised in the present writ petition is squarely covered by judgment in Saroj Kumari v. The State of Rajasthan & Anr. : S.B. Civil Writ Petition No. 2025/2020, decided on 05.03.2020 by a Co-ordinate Bench of this Court.
In the case of Saroj Kumari (supra), it was inter alia directed as under:
"In view of the aforesaid judgment, it is held that as error in issuing certificates was at the behest of the concerned authorities which failed to mention Non-Creamy Layer in the initial certificates but the petitioners submitted the correct (Downloaded on 18/09/2021 at 09:42:29 PM) (2 of 2) [CW-2156/2020] certificates before final result was declared. Hence, they were entitled to be considered in the concerned category of OBC (Non-Creamy Layer).
Accordingly, these writ petitions are allowed. The petitioners' candidature shall be considered for appointment on the posts of ANM/GNM respectively and if they are found meritorious otherwise, they shall be offered appointment according to their merit. No costs.
A copy of this order be placed in each file."
In view of the submissions made, the writ petition filed by the petitioner is allowed in terms of and with similar directions as given in the case of Saroj Kumari (supra).
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