High Court Bench at Jaipur dismissed three writ petitions challenging the preparation of an ANM merit list based on 10th standard marks, relying on a connected Division Bench decision and Supreme Court precedents distinguishing the case law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11368/2019
Shivani Kumari Sahu D/o Chhotulal Sahu, Aged About 24 Years, R/o Vpo Bamangaon, Tehsil Nainwa, District Bundi, Rajasthan.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 10703/2019
Suman Bai D/o Shri Mange Ram W/o Shri Vinod Kumar, Aged About 32 Years, By Caste Jat (Obc), R/o 27, Yog Nagar, New Daudpur, Alwar (Raj.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 10712/2019
Priyanka Kumari D/o Shri Tarachand, Aged About 25 Years, By Caste Jat (Obc), R/o Tain, Tehsil Malsisar, District Jhunjhunu (Raj.)
----Petitioner
Versus
----Respondents
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[CW-11368/2019]
For Petitioner(s) : Mr.Sanjay Mehla Mr.Ram Pratap Saini For Respondent(s) : Mr.Vivek Tyagi, Dy.GC
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
22/08/2019
These writ petitions have been filed to challenge the action of the respondents whereby the merit list is being prepared for giving appointment on the post of ANM on the basis of marks obtained in Secondary School Examination. The petitioners have prayed that the direction may be given to the respondents to prepare the merit list as per the qualification of Senior Secondary (10+2).
Learned Dy.Government Counsel Mr.Vivek Tyagi, appearing for the respondents, submits that the controversy involved in the present writ petitions has been decided by the Division Bench at Principal Seat, Jodhpur vide order dated 11th July, 2019 in the case of Arti Vaishnav & Ors. Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.13275/2018) along with other connected writ petitions.
Learned counsel submits that the Division Bench at Principal Seat, Jodhpur has upheld action of the respondent – State to prepare the merit list on the basis of the marks obtained in 10th standard. The relevant portion of the order passed by the Division at Principal Seat, Jodhpur in the case of Arti Vaishnav & Ors. (supra) is quoted hereunder for ready reference :
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ANM, a candidate has to clear minimum 12th Standard or Senior Secondary School Examination as the minimum educational qualification, per-se doe not over-right the State’s conscious policy to retain pre-existing edcuational qualification for the purpose of recruitment to its posts or its services. In this regard, the State’s explanation that for the moment it does not wish to prescribe the higher educational eligibility condition of 12th Standard having regard to the large number of registered ANMs, who possessed 10th Standard, which would exclude them from the choice of employment, looking to it, the Court cannot characterize it as arbitrary.
In this context, the Hon’ble Supreme Court in Para No.22 & 23 held as under :
“22. We are in respectful agreement with the interpretation which has been placed on the judgment in Jyoti KK in the subsequent decision in Anita (supra). The decision in Jyoti KK turned on the provisions of Rule 10(a)(ii). Absent such a rule, it would not be permissible to draw an inference that a higher qualification necessarily pre-supposes the acquisition of another, albeit lower, qualification. The prescription of qualifications for a post is a matter of recruitment policy. The state as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications. Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the state, as the recruiting authority, to determine. The decision in Jyoti KK turned on a specific statutory Rule under which the holding of a higher qualification could presuppose the acquisition of a lower qualification. The absence of such a Rule in the present case makes a crucial difference to the ultimate
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outcome. In this view of the matter, the Division Bench of the High Court was justified in reversing the judgment of the learned Single Judge and in coming to the conclusion that the Appellants did not meet the prescribed qualifications. We find no error in the decision of the Division Bench.
For the same reason and given the fact that a large number of registered ANM exists, who do not possess 12th standard and whose chance of recruitment would be drastically curtailed even though they might be otherwise more experienced than freshly qualified registered candidates with 12th Standard qualification, also persuades this Court not to grant relief in these proceedings.
The writ petitions are accordingly dismissed.”
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Learned counsel for the petitioners have also admitted that the controversy has been decided by the Division Bench at Principal Seat, Jodhpur and as such, the issue with regard to preparation of merit list for the post of ANM on the basis of the marks obtained in the examination of Secondary School no more survives.
In view of the aforesaid, the present writ petitions have no force and accordingly, the same are dismissed.
A copy of this order be separately placed in each connected
file.
(ASHOK KUMAR GAUR),J
Preeti Asopa /81/95-97
3 issues framed by the court
Whether the merit list for ANM posts should be prepared based on 10th standard marks or 12th standard qualification.
Whether the State's policy of retaining 10th standard as a qualification for recruitment is arbitrary.
Whether the present petitions survive given the Division Bench decision in Arti Vaishnav.
Shivani Kumari Sahu D/o Chhotulal Sahu
Suman Bai D/o Shri Mange Ram
Priyanka Kumari D/o Shri Tarachand
The State Of Rajasthan
The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
