Allowed

Juber Abedeen S/O Shri Zainul Abedeen v. State of Rajasthan

Rajasthan HC13 Sept 2021CW/2860/2020

Case brief

AI extract

What is this about?

In this S.B. Civil Writ Petition, the Hon'ble Court disposed of the matter by following the precedent laid down in the judgment of Sangeeta Mathews v. State of Rajasthan. The Court directed the respondent Nursing Council to accord appointment to the petitioner and issue requisite orders, while quashing the list reflecting the petitioner's rejection.

What did the court decide?

Public hearing notice rejected; Appointment order and requisite posting order to be issued to the petitioner by 31.05.2021; Notional benefits granted w.r.e.f. 24.01.2020; Impugned list quashed.

Juber Abedeen S/O Shri Zainul Abedeen Vs… — 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. 2860/2020

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Juber Abedeen S/o Shri Zainul Abedeen, Aged About 34 Years, R/o 136, Naya Bazar Colony, Opp. Modern Public School, District Chittorgarh (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur.

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Director, Medical And Health Department, Swasthiya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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Additional Director (Admn.), Swasthiya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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

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----Respondents

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For Petitioner(s) : Ms. Sara Parveen for Mr. Tanveer Ahamad. For Respondent(s) : Mr. Neeraj Batra.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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13/09/2021

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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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In the case of Sangeeta Mathews (Supra) the Court inter-alia directed as under:-

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(2 of 2)

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[CW-2860/2020]

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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.

¶20

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.

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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.”

¶28

In view of the submissions made by counsel for the parties, 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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4-PRADEEP KUMAR LIMBA /686

Juber Abedeen S/O Shri Zainul Abedeen v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Juber Abedeen S/O Shri Zainul Abedeen v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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