Rajasthan High Court - Jodhpur
Chena Ram Godara & Ors vs State Of Rajasthan & Ors on 30 May, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7415 / 2018
1. Chena Ram Godara Son of Shri Bhika Ram, Aged About 38
Years, Resident of Village Post Dodiyana, Tehsil Riyan Badi, District
Nagaur (Raj.).
2. Kavita Jangir Wife of Shri Vijay Jangir, Aged About 33 Years,
Resident of Suwadiya Bass, Near Senior Secondary Girls School,
Jayal, Tehsil Jayal, District Nagaur (Raj.).
3. Susheel Kumar Bhadu Son of Shri Dinesh Kumar, Aged About
34 Years, Resident of Village Post Kurdaya, Tehsil Merta City,
District Nagaur (Raj.).
4. Suresh Kumar Beda Son of Shri Jeetmal, Aged About 33 Years,
Resident of Village Post Kathoti, Tehsil Jayal, District Nagaur
(Raj.).
----Petitioners
Versus
1. State of Rajasthan Through Its Principal Secretary, Department
of Medical & Health Services, Secretariat, Jaipur.
2. The Mission Director, National Health Mission, Health Bhawan,
Jaipur.
3. Director (RCH), Medical, Health & Family Welfare Department,
Health Bhawan, Tilak Marg, Jaipur.
4. Chief Medical and Health Officer, Nagaur.
5. Union of India Through Its Additional Secretary & Mission
Director, National Health Mission, Department of Health & Family
Welfare, Nirman Bhavan, New Delhi.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Chena Ram Godara - petitioner in person
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 30/05/2018 This writ petition has been filed by the petitioners seeking to question the validity of the eligibility requirements as indicated in (2 of 3) [CW-7415/2018] the advertisement (Annex.7) issued for Bridge Program in Community Health for Nurses / Ayurveda Practitioners.
The petitioners, who are presently serving as Nurse Gr.II and are in regular service with the respondent-Department, have questioned the eligibility condition No.V, which is indicated at page-68 of the paper-book.
The condition No.5 of the advertisement (Annex.7) reads as under:-
"V- vkosnd dks Hkkjr dk ukxfjd ,oa jk"Vªh; LokLFk; fe'ku @ vkj,evkj,l jktLFkku jkT; ds vUrxZr orZeku esa lafonk ij dk;Zjr gksuk vko';d gSA"
The above condition, inter alia, requires that the applicant must be a person working on contract under National Health Mission/RMRS Rajasthan. It is, inter alia, submitted that earlier the persons in employment of the Government, were also eligible to apply for the said course and undertook the same, however in the present advertisement, they have been debarred, which is bad in law.
A specific query was put to the petitioner whether the requirement of undertaking the Bridge Program, which is scheduled to be held pursuant to the advertisement (Annex.7), is necessary for their further promotions and/or affects their service conditions, to which, a specific response has been given that the same is neither necessary nor the same affects the service conditions of the petitioners. However, it is submitted that passing of the Bridge Program provides them additional avenue for posting as Community Health Officer (CHO).
(3 of 3) [CW-7415/2018] A perusal of the said Scheme indicates that the Bridge Program is a residential program, which is to take place for a period of six months, therefore, if the in-service employees are included in the program, the same results in their leaving the PHC etc. for the six months.
The conditions as indicated in the advertisement regarding the registration with the Indian Medicine Board / Rajasthan Nursing Council, require a three years' bond and that in case the training program is left in between, a sum of Rs.2,00,000/- would be required to be deposited and the same would in terms not apply to the case of the petitioners as they are already in service and, therefore, the conditions, which have been incorporated in the advertisement, even otherwise, doesn't envisage the course for the petitioners.
In view of the above fact situation, the action of the respondents in excluding the petitioner, who are already in service, for the Bridge Program, cannot be faulted. There is no substance in the writ petition, the same is, therefore, dismissed.
(ARUN BHANSALI)J. sumit-89