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2004 DIGILAW 1459 (RAJ)

Hari Ram v. State of Rajasthan

2004-10-06

N.N.MATHUR, R.P.VYAS

body2004
JUDGMENT 1. 1. In the instant P.I.L. The petitioners who are holding degree of B.Sc. (Nursing) seek direction to create a special or separate category for appointments on the post of Nurse Gr. II. The qualification for appointment as Nurse Gr. II is provided under the Rajasthan Medical & Health Subordinate Service Rules, 1965 (hereinafter referred to as the Rules of 1965). As per the Rules the minimum educational qualification for appointment as Nurse Gr. II is Senior Secondary with training it General Nursing from recognised Institution and further registered with Rajasthan Nursing Council. Persons having the qualification of B.Sc. (Nursing) are also entitled with others for appointment. The petitioners for their own interest in a public interest litigation seek direction to the merit of B.Sc. (Nursing) be separated from General Nursing and Mid Wives. They be given 50% edge above General Nursing and Mid Wives. It is further prayed that 25% or 50% posts be reserved for Nursing Or. II for the candidates having B.Sc. (Nursing) Course. 2. It is contended by the learned counsel that the criteria fixed under the Rules is violative of Articles 14 & 16 of the Constitution of India inasmuch as unequals have been treated as equals. In our view there is no substance in the contention raised by the learned Counsel. As already stated for the purpose of appointment on the post of Nurse Gr. II the requirement of minimum academic eligibility is Senior Secondary i.e. 10 +2 with General Nursing Course passed from a recognised Institution and registered with the Rajasthan Nursing Council. If a person having higher qualification is entitled to be considered but he cannot seek exclusion of persons having the minimum qualification. To ask for to raise the minimum qualification from 10+2 to Graduation Nursing is to enter in arena of policy decision. It appears from the scheme that suitable candidates are to be adjudged on their individual merit having the minimum qualification. It is now well settled that the courts in exercise of their jurisdiction will not transgress into field of policy decisions. Reference be made to Narbada Bachao Aandolan v. Union of India reported in 2000(10) SCC page 664 . No issue of public interest is involved in the instant petition.The petition stands dismissed.Public interest petition Dismissed. *******