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2020 DIGILAW 483 (RAJ)

Usha Garoda v. State of Rajasthan

2020-03-05

DINESH MEHTA

body2020
JUDGMENT Dinesh Mehta, J. - By way of the present writ petition, the petitioner has challenged the communication dated 13.12.2018, whereby her candidature as Nurse Grade-II, has been rejected. 2. The facts appertain to the present writ petition are that the petitioner had applied for the post of Nurse Grade-II pursuant to the advertisement dated 26.2.2013. 3. The advertisement aforesaid contained a condition that a candidate will be required to have registration with Rajasthan Nursing Council (hereinafter referred to as the RNC). 4. Petitioner' s name was initially kept in provisional list of selected candidates, awaiting verification of her experience certificate, which was not counter-signed by the competent authority at Madhya Pradesh. 5. Mr. Vishal Sharma, learned counsel for the petitioner submitted that petitioner' s experience certificate dated 1.2.2019 has now been duly counter-signed by the competent authority and sent to the respondents. 6. The communication dated 13.12.2018 not only defers grant of bonus marks to the petitioner, but also pronounces upon petitioner' s eligibility as Nurse Grade-II in absence of registration with RNC. 7. Learned counsel for the petitioner submitted that the requirement of registration with RNC had come into force on 6.2.2013 and the advertisement in question was issued on 26.2.2013, practically giving less than 20 days' time to the candidates to obtain/secure a valid RNC certificate. 8. According to Mr. Shreyansh, the petitioner was having a valid registration with RNC, on the date of application. The respondents have now raked up the dispute that the petitioner had obtained NOC from RNC and, therefore, her certificate with RNC was not in vogue on the date of application. 9. Be that as it may, since there was only 20 days' time between the amendment in the scheduled and the date of advertisement, the petitioner was hardly left with any time to get her registration back with the RNC. 10. In support of his contention aforesaid, Mr. Sharma relied upon Division Bench judgment dated 17.1.2018 rendered in the case of Prakashwati v. State of Rajasthan and Ors. (DBCWP No.7973/2016) and submitted that the petitioner' s writ petition deserves to be allowed, as has been done in the case of Prakashwati (supra). 11. Mr. Mehta, learned counsel for the respondents submitted that the petitioner has not placed correct facts on record. (DBCWP No.7973/2016) and submitted that the petitioner' s writ petition deserves to be allowed, as has been done in the case of Prakashwati (supra). 11. Mr. Mehta, learned counsel for the respondents submitted that the petitioner has not placed correct facts on record. While inviting Court' s attention toward a communication dated 4.3.2020 sent by Rajasthan Nursing Council, Jaipur, he argued that since the petitioner has obtained NOC from the RNC, her certificate cannot be treated to be surviving and she has obtained renewal of the certificate, while keeping the RNC in dark. 12. Be that as it may, the facts as pointed out by Mr. Mehta are not of much significance, particularly when, the petitioner' s eligibility of getting registration with RNC per-se is not in dispute. 13. Having heard learned counsel for the parties, this Court is of the considered opinion that petitioner' s case is squarely covered by the judgment rendered by this Court in Prakashwati' s case (supra). While allowing the writ petition, the Division Bench has directed the petitioner to produce a valid certificate with RNC within a period of three months from the date of joining. 14. As a result of discussion aforesaid, the present writ petition is allowed. The respondents are directed to consider petitioner' s experience certificate, which has now been counter-signed by the competent authority. 15. The respondents shall provide bonus marks to the petitioner in accordance with her experience. After providing bonus marks, the respondents shall issue appointment order to the petitioner. 16. Needful be done within a period of six weeks from today. The petitioner shall be required to get registration with RNC, within a period of three months of joining on the duties. 17. In case, the petitioner applies for registration, the RNC will expedite the process of issuing NOC considering the fact that the petitioner' s services are at peril. 18. The stay application also stands disposed of accordingly.