Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 3241 (RAJ)

Ashok Kumar Purohit v. State of Rajasthan

2005-12-07

GYAN SUDHA MISRA, S.N.JHA

body2005
JUDGMENT 1. - With the consent of the counsel for the parties this appeal was taken up for final disposal. 2. The dispute relates to appointment on the post of Nurse Gr. II. 3. On 31st July, 2003 the Medical, Health and Family Welfare Directorate of the Government of Rajasthan invited applications for appointment on the post. As per the advertisement notice the last date of submission of applications was 16th August, 2005. The appellant submitted application within time but his application was not entertained on the ground that he did not possess the requisite qualification on the date. According to the respondents, one of the conditions of eligibility was that the candidate must be registered with the Nursing Council as 'A' grade Nurse and as the appellant was registered with the Council as 'A' grade Nurse on 22th August, 2003 he was not eligible for consideration. The case of the appellant is that he had submitted application for registration as 'A' grade Nurse before the Registrar, Nursing Council on 24th February, 2003 itself. The Nursing Council made reference to the Karnataka Nursing Council for verification alongwith other candidates. The Karnataka Nursing Council vide letter dated 26th March, 2003 sent favourable report, which was received in the Rajasthan Nursing Council on 7th April, 2003. In the report name of the appellant was 1 5 to 15 mentioned at serial No.89 in the list of 131 candidates. However, whereas rest 130 candidates were registered by the Registrar, Nursing Council as 'A' grade Nurse the registration of the appellant was deferred for reasons not known. he was finally registered on 29th August, 2003 with effect from 22nd August, 2003. 4. It was accordingly submitted on behalf of the appellant that as the appellant had submitted application for registration within time he should not be made to suffer on account of inaction or lapse of the authorities of the Nursing Council. On behalf of the respondent it was submitted that the eligibility is to be determined with reference to the last date of submission of the application and if the candidate does not possess the requisite qualification by that date he cannot be considered for appointment. 5. On behalf of the respondent it was submitted that the eligibility is to be determined with reference to the last date of submission of the application and if the candidate does not possess the requisite qualification by that date he cannot be considered for appointment. 5. As a proposition of law we agree with counsel for the respondents that in the absence of any rule as to the cut-off date the date mentioned in the advertisement notice or in the absence of any such cut-off date in the advertisement notice, the last date of submission of application should be treated as the cut-off date with reference to which eligibility of the candidate is to be determined. However, in the instant case we are not able to appreciate as to why the appellant should suffer for the lapses on the part of the authorities of the Nursing Council. As stated above, the appellant had submitted application well within time on 24th February, 2003. As a matter of fact other 130 candidates whose names were referred to the Karnataka Nursing Council for similar verification were registered but case of the appellant was deferred. Nothing has been brought on record as to why appellant was not registered alongwith them. In the peculiar facts of the case we are of the view that notwithstanding that the appellant was registered later than the cut-off date he should not be held to be ineligible for consideration for appointment on the post of Nurse Gr.II. 6. In course of hearing it transpired that selection on the post has been stayed by this Court. If that is so, it would follow that the vacancies are available against which case of the appellant can be considered. 7. In the above premises, impugned order of the learned Single judge dated 22nd September, 2005 is set aside and the writ petition of the appellant is allowed with a direction to the respondents to consider his case for appointment on the post of Nurse Gr. II in accordance with law. Ida the result, the appeal is allowed.Writ petition allowed - Order of single judge set aside. *******