Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 2336 (RAJ)

Santosh v. The State of Rajasthan

2008-10-15

RAGHUVENDRA S.RATHORE

body2008
JUDGMENT 1. - The petitioners have filed this writ petition to quash and set aside the order dated 17.09.2003, so far it relates to respondents No. 3 to 6. The petitioners have prayed that respondents be directed to give them appointment as per their placement in the merit, in OBC category, on the post of Nurse Grade II, as prepared in furtherance of the advertisement dated 31.07.2003. It has also been prayed that the seniority of the petitioners be assigned in the cadre of Nurse Grade II, as per their order of merit, with all consequential benefits. 2. There is no dispute about the fact that the petitioners are eligible for the post of Nurse Grade II, which is included in the Schedule appended to the Rajasthan Medical & Health Subordinate Service Rules, 1965. The main grievance of the petitioners is that their candidature was considered for the post of Nurse Grade II and despite of having higher merit they were deprived of consideration and female candidates in General category, who had secured lesser marks then the petitioners, have been considered for the appointment on the post of Nurse Grade II. 3. According to the petitioners, the members of the OBC category who were higher in merit and compete with general seats, are entitled to be considered against the vacancies of general category. Thereafter the benefit of reservation has to be implemented but the respondents, in the instant fact, have prepared a merit list category-wise and the candidates had been called for interview arbitrarily. The candidates like the petitioners, who had secured higher marks in OBC category, were not even included in the merit list. The female candidates securing lesser marks than the petitioners had been included in general category of the merit list prepared for Nurse Grade II. 4. The controversy involved in this case has already been considered and decided by Co-ordinate Benches of this Court at Jaipur and Jodhpur. The said judgments have been considered and have also been upheld by the Division Bench of the High Court at Jodhpur. In the case of Jaiwanti Solanki & Anr. v. The State of Rajasthan & Ors., (S.B.C.W. No. 748/2004) , a Co-ordinate Bench at the High Court, Jodhpur had considered the issues involved herein, particularly in the light of affidavit given by the Officer Incharge of the case. In the case of Jaiwanti Solanki & Anr. v. The State of Rajasthan & Ors., (S.B.C.W. No. 748/2004) , a Co-ordinate Bench at the High Court, Jodhpur had considered the issues involved herein, particularly in the light of affidavit given by the Officer Incharge of the case. Consequently, the respondents were directed to consider the candidature of the petitioners for appointment in the general merit and if appointment was given to any person having lesser marks than the petitioners in that category, then the appointments were also be given to the petitioners. 5. Similarly, in the case of Kiran Sharma & Anr. v. The State of Rajasthan & Ors., (Writ Petition No. 6278/2003) , it has been held that so far as filling of vacancies which are open and available for all irrespective of class/category are to be filled from general merit. Therefore, while allowing the said writ petition on 17.02.2006, the respondents were directed to consider the case of the petitioners therein for the appointment on the post of Nurse Grade II from the date the candidates lower in the order of merit were appointed. 6. The judgment passed in the case of Jaiwanti Solanki was challenged by the respondent-State, by way of filing Special Appeal before the Division Bench (245/2006). The learned Division Bench upheld the order passed by the learned Single Judge by holding that there was no error in it, vide order dated 27.10.06. 7. Consequently this writ petition is allowed. The respondents are directed to consider the case of the petitioners for appointment on the post of Nurse Grade II, pursuant to the advertisement dated 31.07.2003, from the date the candidates lower in order of merit were so appointed. The respondents are also directed to do the exercise for considering the case of the petitioners for appointment, within a period of 60 days from today.In the fact and circumstance, there shall be no order as to costs.Writ Petition Allowed. *******