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Rajasthan High Court · body

2006 DIGILAW 560 (RAJ)

Kiran Sharma v. State

2006-02-17

AJAY RASTOGI

body2006
Judgment Ajay Rastogi, J.- Petitioners, who are members of OBC category (Female), participated in the process of selection for the post of Nurse Gr. II in pursuant to short term advertisement dated 31.07.2003 (Annexure-2). In pursuant to which, 825 posts of Nurse Gr. II were advertised by the respondents. 2.After going through the process of selection, both petitioners in OBC category (Female) secured 61.58 and 60.60% of marks and it has not been disputed by the respondents that one female (General), who has been appointed on the post of Nurse Gr. II, had secured 60.01% of marks, which is much lower in comparison to present petitioners in merit. It has been brought to my notice that same controversy arising from the present advertisement has been considered by the Main Seat, at Jodhpur in S.B. Civil Writ Petition No. 784/2004, decided on 112.2004 and held that so far as filling of vacancies which are open available for all irrespective of class/category and are to be filled from general merit. 3.Counsel for respondents does not dispute and submits that controversy is covered by the Judgment (Supra), but while examining the dispute, relevant Rule 7-B of Rajasthan Medical & Health Subordinate Service Rules, 1985, which provides reservation to women candidates has not been considered. In my opinion, what has been interpreted by this Court is in consonance with Rule 7-B of the Rules of 1985. I am in full agreement with the observations made in the Judgment (Supra). 4.Consequently, the writ petition is allowed with the direction to the respondents to consider case of the petitioners for appointment on the post of Nurse Gr. II from the date candidates lower in the order of merit, were appointed in pursuant to advertisement Annexure-2. Compliance of the order be made by the respondents within a period of 30 days. No costs. 5.Stay petition is also disposed of .