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2009 DIGILAW 216 (RAJ)

Chandrakala Sain v. State of Rajasthan

2009-01-23

H.R.PANWAR

body2009
JUDGMENT 1. - By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondent to admit her in Midwifery Training Course challenging the condition addressed to the Superintendent, Associate Group of Hospitals, Jodhpur requiring incumbent to file an affidavit. 2. The facts and. circumstances giving rise to the instant writ petition are that the respondent issued an advertisement Annexure-1 dated 6th January, 2007 for Training Course of Midwifery and the applications were invited from the unemployed persons or the persons serving in a Government service either on regular or contract basis. In pursuance thereof, the petitioner filed an application for the said course. On the date of filing the application, according to the petitioner, she was unemployed. The petitioner was selected for six months' Midwifery Training Course and ultimately, she was directed to be sent for the said course vide Annexure-8 dated 29.12.2008, however, a copy of the order directing the petitioner to undergo the Midwifery training Course was addressed to the Superintendent, Associate Group of Hospitals, Jodhpur requiring to ensure by an affidavit of the petitioner that whether she is in Government service on regular/contract basis on the date of admission to the Midwifery Training Course or not. 3. In the instant case, indisputably the petitioner was unemployed, even in the reply filed by the respondents, it has not been stated that on the date of filing the application seeking Midwifery Training course she was either in regular Government Service or on contract basis. However, subsequent thereto, it appears that she was engaged on a contract basis. Be that as it may, on the date of application, the petitioner was unemployed and even if employed either on regular basis or on contract basis yet the advertisement shows that she is eligible for the Midwifery Training course. In this view of the matter, in my view, directing the Superintendent, Associate Group of Hospitals, Jodhpur requiring to obtain an affidavit from the petitioner is onerous and deserves to be quashed. 4. Consequently, the writ petition is allowed. The condition imposed vide Annexure-8 dated 29.12.2008 directing the Superintendent, Associate Group of Hospitals, Jodhpur requiring the petitioner to file an affidavit stands quashed. 4. Consequently, the writ petition is allowed. The condition imposed vide Annexure-8 dated 29.12.2008 directing the Superintendent, Associate Group of Hospitals, Jodhpur requiring the petitioner to file an affidavit stands quashed. The respondent CMHO, Pali is directed to permit the petitioner to undergo Midwifery Training Course as directed vide Annexure-8 by Joint Director (Training), Medical & Health Services, Government of Rajasthan, Jaipur dated 29.12.2008.There shall be no order as to costs.Writ Petition Allowed. *******