Rajasthan High Court - Jaipur
Mahendra Singh Son Of Shri Bhanwar Lal ... vs The State Of Rajasthan on 29 August, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13437/2019
Mahendra Singh Son Of Shri Bhanwar Lal Meena
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.YS Jadoun
For Respondent(s) : Mr.Vivek Tyagi, Dy.GC
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
29/08/2019
Learned counsel for the respondents submits that reply to the writ petition has been filed.
Learned counsel for the petitioner submits that process of document verification is conducted by the respondents for the purpose of appointment on the post of Nurse Grade - II and the petitioner has not been allowed to participate in the selection process on account of non-counting the experience, gained by the petitioner in National Health Mission programme.
Learned counsel submitted that the petitioner was appointed as Counsellor on contract basis and National Health Mission is in respect of National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke Programme (NPCDCS).
Learned counsel submitted that the programme, in which, the petitioner has been appointed is part of National Health Mission and even working on the post of Counselor (NCD), the petitioner cannot be deprived from the experience, as the (Downloaded on 30/08/2019 at 09:15:12 PM) (2 of 2) [CW-13437/2019] petitioner discharges the same functions, as has been discharged by the other persons, like, Nurse, etc. Learned counsel for the petitioner has referred to the documents, filed along with an application, showing that the petitioner has been appointed on contract basis as Counselor and further, the programme, in which the petitioner is asked to work, is part of National Health Mission, introduced by the Central Government and implemented through the State Government.
Learned counsel for the respondents Mr.Vivek Tyagi, Dy.GC submits that the experience certificate of the petitioner cannot be considered for the purpose of award of bonus marks, as the job required and the responsibility of the petitioner as Counsellor, is not like in the nature of nursing job.
Learned counsel for the respondents submits that the petitioner is only engaged in providing counselling to the different patients and nursing work, which is done by other category of employees cannot be equated.
This Court, as an interim measure, deems it proper to direct the respondents to allow the petitioner to participate in the process of documents verification and the respondents would also consider the case of the petitioner, however, appointment order shall not be issued without prior permission of the Court.
The interim order, passed by this Court, shall not create any equity in favour of the petitioner and will remain subject to final outcome of the present writ petition.
Let this case be listed on 23rd September, 2019.
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