The court decided five writ petitions regarding registration and appointment of nursing personnel, applying the principles from the judgment in Sangeeta Mathews to address delays and administrative red tape by the respondents including the Nursing Council.
Quashed rejection lists; directed appointment and notional benefits; costs awarded.
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. 1063/2020
Ishwar Singh S/o Bhagirath Mal, Aged About 31 Years, R/o Vpo Bhukana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 1087/2020
Shameem Akthar Ansari D/o Ali Mohammad, Aged About 33 Years, R/o Momin Mohalla, Near Jama Masjid, Tehsil Begun, District Chittorgarh, Rajasthan.
----Petitioner
Versus
S.B. Civil Writ Petition No. 1098/2020
Anil Kumar S/o Ramji Lal, Aged About 33 Years, R/o Village Raghuveer Pura, Post Kankrew Kalan, Tehsil Chirawa, District Jhunjhunu, Rajasthan.
Versus
Versus
(2 of 3)
[CW-1040/2020]
----Respondents
S.B. Civil Writ Petition No. 3509/2021
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
----Petitioner
Versus
----Respondents
HON'BLE MR. JUSTICE ARUN BHANSALI Order
04/09/2021
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.
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
(3 of 3)
[CW-1040/2020]
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 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, these present writ petitions are also decided in terms of and with directions as given in the case of Sangeeta Mathews (Supra).
(ARUN BHANSALI),J
204-208-PRADEEP KUMAR LIMBA /686
1 issue framed by the court
Whether the present writ petitions should be decided in light of the judgment in Sangeeta Mathews.
Colour shows how this judgement treated each authority
Sangeeta Mathews v. State of RajasthanApplied¶50
Sangeeta Mathews v. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.1552/2020 decided on 19.04.2021
Ishwar Singh
Shameem Akthar Ansari
Anil Kumar
Mahboob Khan Deshwali
Surjeet Singh
Amit Kumar Gupta
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
