Rajasthan High Court - Jodhpur
Sangeeta Mathews @ Sangeeta Choudhary vs The State Of Rajasthan on 14 December, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1552/2020 Sangeeta Mathews @ Sangeeta Choudhary W/o Shri Shankar Lal Choudhary, Aged About 44 Years, Resident Of 19/598, Chopasani Housing Board, Jodhpur (Raj.).
----Petitioner Versus
1. The State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Secretariat, Jaipur.
2. Additional Director (Admn.), Medical And Health Services, Health Bhawan, Jaipur.
3. The Superintendent, Mathura Das Mathur Hospital, Shastri Nagar, Jodhpur (Raj.). 4 The Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur through its Registrar.
----Respondents For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Abhinav Jain Mr. Shreyansh Mehta for Mr. K.S. Rajpurohit, AAG All through Cisco Webex App JUSTICE DINESH MEHTA Order 14/12/2020 Application For Vacation of Stay Order No.03/2020 :
1. This Court has granted the following interim order on 17.02.2020 :
"Till then, one post of petitioner's category i.e. General Female in Nurse Grade-II, pursuant to the advertisement dated 30.05.2018 shall be kept vacant." (Downloaded on 15/12/2020 at 08:56:08 PM)
(2 of 3) [CW-1552/2020] 2. Mr. Abhinav Jain, learned counsel appearing for the
Rajasthan Nursing Council (respondent No.4), submits that the petitioner had obtained NOC from Rajasthan Nursing Council way back in 2011 and, thus, her request for renewal of registration, could not have been acted upon. He contends that renewal of registration, if any, she got, was contrary to law.
3. It is asserted by Mr. Jain that since the respondent - Nursing Council was not maintaining the record in electronic form, the extension for petitioner's registration upto 31.12.2018 was done under mistake and the same, as a matter of procedure, could not be done.
4. Mr. Khileree, learned counsel for the petitioner, submits that after applying for NOC, on 01.05.2012, petitioner requested the Nursing Council, Bhopal not to process her application for migration, as she dropped her idea of migrating to Madhya Pradesh, particularly because she was selected for (contractual) employment in the State of Rajasthan.
5. It is the case of the petitioner that she had never obtained registration with the Nursing Council of Madhya Pradesh and she is pursuing her employment on the basis of registration with RNC.
6. Heard.
7. Petitioner's assertion that she has not obtained registration with Nursing Council of Madhya Pradesh is not disputed. The fact that petitioner's registration with RNC has been extended upto 31 st December, 2018 and that she is continuously serving in the State as a Nurse, is not in dispute.
8. On the last date of submission of application form (03.07.2018), the petitioner did have a valid registration (Downloaded on 15/12/2020 at 08:56:08 PM) (3 of 3) [CW-1552/2020] certificate in her favour and the same has not been cancelled till date.
9. Merely because she has applied afresh and got registration w.e.f. 13.01.2020, she cannot be denied right of seeking appointment, citing that her registration is w.e.f. 13.01.2020.
10. As an upshot of discussion foregoing, the application under Article 226 (3) of the Constitution of India is rejected.
11. Let this matter be listed on 11.01.2021.
12. Interim order shall continue till further orders.
(DINESH MEHTA),J 130-A.Arora/-
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