Rajasthan High Court - Jaipur
Subhash Sharma S/O Shri Mahaveer Prasad ... vs State Of Rajasthan on 16 November, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10757/2020
Subhash Sharma S/o Shri Mahaveer Prasad Sharma, R/o Village
Kariri, Tehsil Shahpura Ji, Jaipur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
And Health Services, Govt. Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. The Addl. Director (Admn.), Medical And Health Services,
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. Rajasthan Nursing Council, Through The Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur Rajasthan, 302001
----Respondents
For Petitioner(s) : Ms. Sara Parveen for
Mr Tanveer Ahamad
For Respondent(s) : Dr. V.B. Sharma, AAG
Mr. Neeraj Batra
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
16/11/2021
The matter comes up on an application (1/2021) filed by the
petitioner praying therein that the controversy raised herein
stands squarely covered by a Coordinate Bench Judgment of this
Court dated 14.09.2021 passed in SB Civil Writ Petition
No.1480/2020, Rahana Banu Ansari versus State of
Rajasthan & Ors. and prays for disposal of the instant writ
petition in similar terms.
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(2 of 3) [CW-10757/2020]
Learned counsels for the respondents did not dispute the
aforesaid factual/legal submission made by the learned counsel for
the petitioner.
In the writ petition, the petitioner has assailed the action/omission of the respondent in not considering his candidature for appointment on the post of Nurse Grade-II in pursuance of advertisement dated 30.05.2018 on account of non issuance/non renewal of his registration with the Rajasthan Nursing Council.
This Court, in case of Rehana Banu Ansari (supra), held as under:-
"Learned counsel for the parties submit that issue raised in the present writ petition is squarely covered by order of this Court in Sangeeta Mathews v. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.1552/2020 decided on 19.04.2021 at principal seat, Jodhpur and, therefore, the present writ petition may also be decided in light of the said judgment.
In the case of Sangeeta Mathews (Supra) the Court inter-alia directed as under:-
"If the respondents' stand that immediately on grant of no objection certificate by Rajasthan Nursing Council, a candidate's registration stands cancelled is taken to its logical end, then in the opinion of this Court, during the interregnum period of issuance of a no objection certificate by RNC and grant of registration by other State, a duly qualified and eligible Nurse Grade- II/Midwife would lend themselves in no man's land - a situation of having no registration at all. Such situation, would naturally impinge upon a candidate's fundamental rights guaranteed by Articles 14, 16 and19(1)(g) of the Constitution of India.
That apart, the petitioner had applied for renewal of her registration on 18.01.2019 and again applied for fresh registration on 19.08.2019. It was thus, the fault of the respondent - Nursing Council, which sat tight over the matter and (Downloaded on 16/11/2021 at 09:52:48 PM) (3 of 3) [CW-10757/2020] neither renewed petitioner's registration nor did it issue any notice to her. Redtapism prevalent in RNC has resulted in rejection of petitioner's candidature.
In the backdrop of factual matrix of the case in hands, this Court does not find the petitioner to be faultering or erring, in any manner.
As a necessary corollary or consequence of discussions forgoing, the writ petition succeeds. The list dated 08.01.2020 reflecting petitioner's name in the list of rejected candidates, is, therefore, quashed and set aside, albeit, qua the petitioner.
The respondents are directed to accord appointment to the petitioner, if she fulfills other eligibility criteria.
Appointment order and requisite positing order be issued to the petitioner latest by 31.05.2021.
The petitioner shall be entitled for notional benefits w.e.f. 24.01.2020, when the persons, less meritorious than her, have been given/offered appointment (vide select list dated24.01.2020). Costs made easy.76.All interlocutory applications, including stay application stand disposed of."
In view of the submissions made by counsel for the parties, this present writ petition is also decided in terms of and with directions as given in the case of Sangeeta Mathews (Supra)."
In view thereof as also in view of the submissions made by the learned counsels for the respective parties, the application is allowed.
The writ petition is decided in terms of direction issued by this Court in case of Rehana Banu Ansari (Supra) which has followed the judgment in case of Sangeeta Mathews (Supra).
(MAHENDAR KUMAR GOYAL),J Manish/30 (Downloaded on 16/11/2021 at 09:52:49 PM) Powered by TCPDF (www.tcpdf.org)