Writ petition challenging non-appointment on contractual post as Community Health Officer and suspension status. Court held petition premature as sports quota verification pending; grievance on suspension status seemingly resolved.
Writ petition disposed of. Respondents directed to complete verification and exercise expeditiously.
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[CW-4517/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4517/2021
Deva Choudhary D/o Shri Mangilal, Aged About 26 Years, W/o Shri Suresh Langar, R/o Vpo Maanji, Tehsil Degana, Distt. Nagaur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree. For Respondent(s) : Ms. Vandana Bhansali. Mr. Mahendra Vishnoi.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
04/10/2021
This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner in he selection process in question for appointment on the contractual post of Community Health Officer initiated by the advertisement (Annex.3) in sports category with all consequential benefits. Further relief has been prayed that the word ‘suspended’ against the column of RNC certificate in the document upload and
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[CW-4517/2021]
verification receipt dated 6.2.2021 (Annex.10) be declared illegal and unjust.
Learned counsel for the petitioner made submissions regarding the fact that though the petitioner had the required RNC registration on the last date of filing of application in terms of the requirement, as on the date of document verification, the RNC certificate had expired, the indication made in Annex.10 regarding RNC certificate being suspended was indicated.
Further submissions were made that though the petitioner obtained 51 marks and the cut-off for the sports category has been indicated as 21.05 marks, the petitioner has not been accorded appointment.
Learned counsel appearing for the State made submissions that, insofar as, the plea regarding RNC certificate is concerned, the respondents are considering the petitioner as eligible based on his status as per the application and document verification, however, it is submitted that, insofar as, the sports quota is concerned, as the verification of certificates of the candidates is still pending, none of the appointments under the said category has been accorded and, therefore, at this stage, the writ petition is premature.
Learned counsel for the State also produced a document indicating the status of petitioner’s application, which inter alia indicates in the remark column ‘pending for sports category verification’.
In view of the submissions made by learned counsel appearing for the State, the grievance raised by the petitioner regarding RNC certificate having been indicated as ‘suspended’ appears to have been satisfied and, insofar as, the grant of
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appointment under the sports category is concerned, once the State, post verification, accords appointments, as per the petitioner’s merit, if he is entitled for appointment, the same would be made by the respondents.
In view of the above, the writ petition filed by the petitioner stands disposed of.
It is expected of the respondents to do the entire exercise expeditiously.
(ARUN BHANSALI),J
9-Sumit/-
2 issues framed by the court
Whether the writ petition regarding eligibility for contractual appointment as Community Health Officer and representation of 'suspended' status is maintainable.
Whether the claim for appointment under the sports quota can be adjudicated given pending verification.
Deva Choudhary D/o Shri Mangilal
State Of Rajasthan
Rajasthan Nursing Council
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
