Petitioner, a nurse, filed a writ petition seeking appointment after being rejected in a competitive list. The court held in light of a sister bench judgment that administrative failure to renew registration violated fundamental rights, directed appointment, and granted notional benefits from January 24, 2020.
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. 1271/2020
Kamrun Nisha D/o Mohammed Siddik Ansari, Aged About 36 Years, R/o Khatik Mohalla, Ward No. 4, Begun, District Chittorgarh, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. R.P. Saini. For Respondent(s) : Mr. Ashutosh Yoda for Mr. Vivek Tyagi, DGC.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
21/09/2021
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.
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 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-
(2 of 2)
[CW-1271/2020]
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, the present writ petition is also decided in terms of and with directions as given in the case of Sangeeta Mathews (Supra).
(ARUN BHANSALI),J
91-PRADEEP KUMAR LIMBA /686
1 issue framed by the court
Whether the petitioner in a nursing recruitment case should be appointed if previous judicial orders established her eligibility over bureaucratic inaction
Colour shows how this judgement treated each authority
Sangeeta Mathews v. State of Rajasthan & Anr.Distinguished¶13
Sangeeta Mathews v. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.1552/2020 decided on 19.04.2021 at principal seat, Jodhpur
2 provisions across 2 enactments
Kamrun Nisha D/o Mohammed Siddik Ansari
The State Of Rajasthan Through Its Secretary Medical Health And Family Welfare Department Rajasthan
The Additional Director Administration Medical And Family Welfare Department Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
