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2010 DIGILAW 1914 (RAJ)

Balbir Singh v. State of Rajasthan

2010-11-15

GOVIND MATHUR

body2010
JUDGMENT 1. - By this petition for writ, the petitioner is assailing the validity of amendment introduced in Rajasthan Medical & Health Subordinate Service Rules, 1965. By the amendment aforesaid, certain entries in Part-B at Sr. No.3 in the Schedule appended to the Rules of 1965 are amended. As per the amendment, the eligibility for direct recruitment to the post of Nursing Tutor is made as "B.Sc. Nursing or its equivalent qualification from the institute recognised by the State Government and necessary registration in Rajasthan Nursing Council". The petitioner is admittedly not possessing the qualification aforesaid. 2. The eligibility qualification prescribed for direct recruitment prior to the amendment made was following: "1. RNRC or its equivalent qualification recognised by Govt. 2. Regd. 'A' Gr. Nurse. 3. Sister Tutors Course passed. 4. 3 years experience as staff Nurse/compounder Gr.II. 3. The petitioners being having the qualification of Sister Tutor Course, were eligible to be considered for appointment as Nursing Tutor prior to the amendment with the Rules. It is submitted that an advertisement was issued in the month of October, 2008 and at that time the petitioners were eligible to be appointed as Nursing Tutor but no appointment was given under the advertisement aforesaid, however, the vacancies existing then are now sought to be filled-in under a new advertisement dated 26.3.2010 with the amended qualification. It is asserted that the vacancies so advertised are the same those were notified in the month of October, 2008, therefore, those cannot be filled in on basis of the qualification introduced In the Rules subsequently. 4. 1 do not find any merit In the arguments advanced. 5. No right Is created in favour of the petitioners merely on basis of the vacancies notified in the month of October, 2008. The respondents under the advertisement dated 26.3.2010 want of fill in all the existing vacancies. The eligibility of the aspirants is required to be examined as i.e. existing today. The position would have been different in the cases where appointments were to be made under promotion quota. The appointments by way of direct recruitment are always required to be made as per the existing eligibility and not as that was on the day vacancies occurred. 6. In this view, I do not find any merit in this petition for writ. Accordingly, the same is dismissed.Writ Petition Dismissed. *******