Allowed

Ishwar Singh S/O Bhagirath Mal v. the State of Rajasthan

Rajasthan HC4 Sept 2021CW/1063/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan Bench at Jaipur heard five writ petitions challenging rejection from nursing registration lists. Relied on Sangeeta Mathews regarding midwife registration delays and fundamental rights, the Court allowed the petitions, quashed the rejection lists, and directed appointment with notional benefits.

What did the court decide?

Writ petitions allowed; lists of rejected candidates quashed and set aside; respondents directed to accord appointment to petitioners with notional benefits. Costs made easy.

Ishwar Singh S/O Bhagirath Mal Vs the… — 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. 1063/2020

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Ishwar Singh S/o Bhagirath Mal, Aged About 31 Years, R/o Vpo Bhukana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur.

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The Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan-302001

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----Respondents

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S.B. Civil Writ Petition No. 1087/2020

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Shameem Akthar Ansari D/o Ali Mohammad, Aged About 33 Years, R/o Momin Mohalla, Near Jama Masjid, Tehsil Begun, District Chittorgarh, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur.

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The Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan- 302001.

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----Respondents

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S.B. Civil Writ Petition No. 1098/2020

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Anil Kumar S/o Ramji Lal, Aged About 33 Years, R/o Village Raghuveer Pura, Post Kankrew Kalan, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 1678/2020

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Mahboob Khan Deshwali Son Of Shri Mohammad Shareef Deshwali, Aged About 36 Years, Resident Of Near Power House, Village And Post Tantoti, District Ajmer (Raj.)

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Surjeet Singh Son Of Shri Laxmi Narayan, Aged About 34 Years, Resident Of Village Sadhabhoj Ka Badaya, Post Borwa, Tehsil Bhim, District Rajsamand (Raj.)

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----Petitioners

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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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(2 of 3)

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[CW-1040/2020]

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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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----Respondents

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S.B. Civil Writ Petition No. 3509/2021

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Amit Kumar Gupta Son Of Brahama Nand Gupta, Aged About 32 Years, Resident Of House No. 25, Village Mohali, Tehsil And District Karauli (Raj.) Application Id 3263541

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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. Ram Pratap Saini. For Respondent(s) : Mr. Neeraj Batra.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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04/09/2021

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Learned counsel for the parties submit that issue raised in the present writ petitions 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 petitions may also be decided in light of the said judgment.

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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

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(3 of 3)

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[CW-1040/2020]

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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.

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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. The respondents are directed to accord appointment to the petitioner, if she fulfills other eligibility criteria.

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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, these present writ petitions are 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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204-208-PRADEEP KUMAR LIMBA /686

Ishwar Singh S/O Bhagirath Mal v. the State of Rajasthan

Case brief

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What did the court decide?

Ishwar Singh S/O Bhagirath Mal v. the State of Rajasthan

Case brief

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