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2022 DIGILAW 2164 (RAJ)

Sohan Singh Gurjar v. State Of Rajasthan

2022-08-01

INDERJEET SINGH

body2022
JUDGMENT 1. This writ petition has been filed by the petitioner with the following prayer:- "It is, therefore, humbly prayed that this writ petition of the petitioner may kindly be allowed, i) By an appropriate writ, order or direction, the respondents may kindly be directed to allow to join on the post of COVID Health Assistant to the petitioners in pursuance of order dated 29.07.2021; ii) Any other appropriate order, or direction which this Hon'ble court deem fit and proper in favour of the appellant may also kindly be passed" 2. Brief facts of the case are that in pursuance of the advertisement dated 27.05.2021, the petitioners applied for the post of Covid Health Assistant/Consultant. Grievance of the petitioners is that though their names were there in the select list but despite holding required qualification for the post in question, the petitioners were not allotted the place/to join on the post in question. The educational qualification mentioned for the post of Covid Health Assistant/Consultant, the serial No.2 of the advertisement reads as under:- A. inksa dk fooj.k ,oa ;ksX;rk& dzla- inuke U;wure ;ksX;rk ekuns; inksa dh la[;k 2- dksfoM LokLFk; lgk;d ch,llh uflZax@th-,u-,e- o jktLFkku uflZax dkmfUly esa iaathdj.k vfuok;Z 7900@& :i;s izfrekg 635 3. Counsel for the petitioners submitted that the respondents themselves allowed to certain candidates to submit the documents including caste certificate which were not submitted at the time of submitting the application form till 24.08.2021. Counsel further submits that all the petitioners have applied for their registration with Rajasthan Nursing Council prior to issuance of the advertisement dated 27.05.2021, however they were registered with the Rajasthan Nurshing Council, admittedly, after the last date of submitting the application form i.e. 03.06.2021. Counsel further submits that all the petitioners have been registered with Rajasthan Nursing Council before 24.08.2021 and the respondents have given appointment to several other persons considering their caste certificates. Counsel further submits that since the name of the petitioners were there in the select list, non- appointment of the petitioners on the post in question is arbitrary and discriminatory in nature and prayed that the writ petition be allowed. 4. Counsel further submits that since the name of the petitioners were there in the select list, non- appointment of the petitioners on the post in question is arbitrary and discriminatory in nature and prayed that the writ petition be allowed. 4. Counsel appearing for the respondents has opposed the writ petition and submitted that as per the condition No.2 of the advertisement dated 27.05.2021, the petitioners were not having the required educational qualification as mentioned in the advertisement as none of the petitioner was registered with Rajasthan Nursing Council before the last date of submitting the application form i.e. 03.06.2021. 5. Heard counsel for the parties and perused the record. The Hon'ble Supreme Court in the matter of State of Uttar Pradesh v. Vijay Kumar Misra reported in (2017) 11 SCC 521 decided on 21.09.2001 in para 8 has held as under:- "8. The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut off date, if any, described under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribed qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possess the prescribed qualifications and was considered and appointed to the post. Therefore, the so-called confession made by the officer in the Court that persons haying lower merit than the respondent have been appointed as SDI (Basic), having been based on misconception is wholly irrelevant. The learned single Judge clearly erred in relying on such a statement for issuing the direction for appointment of the respondent. The Division Bench was equally in error in confirming the judgment of the learned single Judge. Thus the judgment of the learned single Judge as confirmed by the Division Bench is unsustainable and has to be set aside." 6. The learned single Judge clearly erred in relying on such a statement for issuing the direction for appointment of the respondent. The Division Bench was equally in error in confirming the judgment of the learned single Judge. Thus the judgment of the learned single Judge as confirmed by the Division Bench is unsustainable and has to be set aside." 6. This writ petition filed by the petitioners deserves to be dismissed for the reasons; firstly, the petitioners were not having the required educational qualification i.e. their registration with Rajasthan Nursing Council prior to the last date of submitting the application form; secondly, in view of the judgment passed by the Hon'ble Supreme Court in the matter of State of Uttar Pradesh (supra) in my view no case is made out for interference by this court under Article 226 of the Constitution of India. 7. Hence, this writ petition stands dismissed.