Partly allowed

Rajesh Kumari Suman Daughter of Shri Birdhi Lal Suman, Wife of Shri Lalit Suman v. State of Rajasthan

Rajasthan HC15 Sept 2021CW/1040/2020

Case brief

AI extract

What is this about?

The High Court bench at Jaipur decided the present writ petition by applying the directions of the earlier judgment in Sangeeta Mathews. The Court quashed the order rejecting the petitioner and directed the respondents to issue appointment and posting orders.

What did the court decide?

The list reflecting the petitioner as a rejected candidate is quashed. Petitioner to be appointed if eligible, with notional benefits from 24.01.2020.

Rajesh Kumari Suman Daughter of Shri… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1040/2020

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Rajesh Kumari Suman Daughter Of Shri Birdhi Lal Suman, Wife Of Shri Lalit Suman, Aged About 33 Years, Resident Of Old Civil Lines, Near Chauth Mata Temple, Nagar Palika Colony, Baran, District Baran (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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Additional Chief Secretary, Medical And Health Department, Secretariat, Jaipur (Raj.)

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Director, Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur (Raj.).

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Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur (Raj.).

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Rajasthan Nursing Council Jaipur, B-39, Sardar Patel Marg, C-Scheme Jaipur Through Its Registrar.

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----Respondents

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For Petitioner(s) : Mr. Sandeep Garassa. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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15/09/2021

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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.

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(2 of 2)

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[CW-1040/2020]

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In the case of Sangeeta Mathews (Supra) the Court inter-alia

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directed as under:-

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“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 GradeII/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.

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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 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.

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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.

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As a necessary corollary or consequence of discussions forgoing, the writ petition succeeds.

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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.

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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.

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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).

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Costs made easy.76.All interlocutory applications, including stay application stand disposed of.”

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In view of the submissions made by counsel for the parties,

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this present writ petition is also decided in terms of and with directions as given in the case of Sangeeta Mathews (Supra).

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(ARUN BHANSALI),J

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301-PRADEEP KUMAR LIMBA /686

Rajesh Kumari Suman Daughter of Shri Birdhi Lal Suman, Wife of Shri Lalit Suman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Kumari Suman Daughter of Shri Birdhi Lal Suman, Wife of Shri Lalit Suman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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