ORDER : SUDESH BANSAL, J. 1. Petitioner, an aspirant for the post of Community Health Officer (Contract) against the vacancies notified vide advertisement No. 11/2022 dated 01.11.2022 by the Rajasthan Staff Selection Board, Jaipur, has preferred instant civil writ petition under Article 226 of the Constitution of India, questioning the Condition No. 1 of the advertisement, attached with the Column No. 8 of “Essential Qualification” and simultaneously has prayed to direct the respondents to consider the candidature of petitioner for appointment on the post in question, under the category of OBC NCL on merits. The Condition No. 1, which has been questioned herein, reads as under:- 2. The case of petitioner is that she possess the requisite essential qualification of GNM, at the time of submission of online application form, against the vacancies notified under advertisement dated 01.11.2022, but she was not registered with the Rajasthan Nursing Council. However, later on she has been registered with the Rajasthan Nursing Council on 14.06.2024 i.e. prior to the stage of documents verification in the present recruitment. 3. It has been pleaded that in the present recruitment, as per Condition No. 1, registration certificate was essentially required to be produced at the stage of documents verification, failing which the candidature shall be cancelled. Since petitioner has produced her Certificate of Registration at the time of documents verification, which should have been taken into account but her candidature has been cancelled and has not been considered on merits. 4. It has further been contended by petitioner that under the category of OBC NCL, she has scored 205.102 marks in the written examination and in the final result dated 09.01.2025, the last cut off marks in the category of petitioner is only 200.000; thus, if petitioner had not been ousted from consideration at the stage of documents verification, certainly she would have been selected for appointment on merits. 5. Counsel for petitioner pointed out that prior to the present writ petition, petitioner filed SBCWP No. 1000/2005, but said writ petition was withdrawn with liberty to challenge the Condition No.1 of the advertisement, hence, this writ petition has been filed. 6. 5. Counsel for petitioner pointed out that prior to the present writ petition, petitioner filed SBCWP No. 1000/2005, but said writ petition was withdrawn with liberty to challenge the Condition No.1 of the advertisement, hence, this writ petition has been filed. 6. Counsel for petitioner submits that a perusal of the Condition No.1, reveals that, no cut off date for securing the registration, by the aspirant, with the Rajasthan Nursing Council has been indicated therein, rather the stage of documents verification has been indicated as the period up to which the registration is required to be submitted, albeit, candidature of aspirant candidate shall be cancelled. Thus, the requirement of registration with Rajasthan Nursing Council either at the time of submission of online application form or at least application for registration must have been filed, are ambiguous & vague as much as such pre- conditions are self contradictory and do not have any consensus or nexus with the later part of Condition No.1. 7. Counsel for petitioner has placed reliance on the judgment of the Coordinate Bench of this Court at Principal Seat, Jodhpur, dated 09.01.2024 passed in SBCWP No. 15010/2023: Rajkumari Chahar Vs. The State of Rajasthan and Ors. which has been followed in another judgment passed in case of Pramila Choudhary Vs. State of Rajasthan : SBCWP No. 43/2025 vide order dated 27.02.2025, to contend that the Coordinate Bench has held and observed in Para No. 10 & 11 in case of Rajkumari Chahar (supra) as under:- “10. Pertinently, the advertisement clearly specifies that eligibility is determined based on qualifications i.e. academic qualifications. The registration of the certificate with Homeopathy Board of the state does not necessitate any additional examinations, entrance tests, or interviews. Therefore, registering after becoming a Homeopathy graduate should not be treated as an additional qualification but rather as a mere technical formality. The registration certificate cannot possibly be treated as a qualification. Furthermore, to prevent unnecessary litigation, in future, a suggested amendment to the advertisement ought to be carried out, which should ordinarily include a clause stating that appointments will be provisional subject to the candidates producing the required registration certificate within a specified time frame of issuance of appointment letter. Failure to do so, would render their appointment invalid, and the opportunity would then be extended to the next meritorious candidate. Failure to do so, would render their appointment invalid, and the opportunity would then be extended to the next meritorious candidate. This would avoid causing unnecessary distress to more meritorious candidates solely on technical grounds. 11. I may hasten to add here in case defense of respondents is to be upheld the same would also result in an incongruous situation where cut off date for producing documents will vary from candidate to candidate depending upon when they are called for verification of the same. Each documents verification day will then be cut off for some, while other would get undue advantage of being called later. As already stated, the advertisement clearly states that the eligibility is to be reckoned as per the qualifications, which appears to be the academic qualifications.” Hence, the prayer of petitioner is that first part of Condition No.1 of the advertisement that is “(i) All the Nurse (GNM/B.Sc.) candidates must be required to be registered with the Rajasthan Nursing Council at the time of application for the post of CHO (Contractual) or they must have applied for registration with the Rajasthan Nursing Council at the time of application.”, be quashed and since petitioner produced her certificate of registration at the time of verification of documents, as permissible in the second part of Condition No. 1, her candidature be ordered to be considered by the respondents on merits. 8. Separate reply to the writ petition, by and on behalf of respondent No.1- RSSB and respondent No.2- Medical and Family Welfare Directorate, have been filed. On behalf of respondent No.3, Rajasthan Nursing Council, no reply to the writ petition has been filed. 9. In the reply filed by respondents No.1 and 2, case of petitioner, in respect of participating in the present recruitment for the post of Community Health Officer pursuant to the advertisement dated 01.11.2022 under the category of OBC NCL and securing marks 205.102 marks, has not been disputed. It has also not been disputed that the last cut off marks in such category remained 200.000 in the final result declared on 09.01.2025. Thus, the factum that the petitioner is higher meritorious than the last selected candidate in the result dated 09.01.2025 is an undisputed fact. It has also not been disputed that the last cut off marks in such category remained 200.000 in the final result declared on 09.01.2025. Thus, the factum that the petitioner is higher meritorious than the last selected candidate in the result dated 09.01.2025 is an undisputed fact. It has been contended in the reply that Condition No. 1 is neither ambiguous nor vague or self contradictory as this condition essentially requires twin essentialities that, (i) the aspirant candidate either should be registered with the Rajasthan Nursing Council at the time of submission of online application form or at least should have applied for the registration, and (ii) the registration certificate must have been produced by the aspirant candidate at the stage of verification of documents, failing which, his/her candidature shall be liable to be cancelled. 10. Counsel for respondents submits that it is true that petitioner got registration of her course with the Rajasthan Nursing Council, post to submission of online application form but prior to the stage of documents verification and produced her certificate of registration at the time of documents verification, but this registration has been issued in favour of petitioner, pursuant to the application moved, subsequent to submission of the online application form in the present recruitment. The previous application for registration, allegedly pending at the time of submission of online application form, was rejected and the fresh application was moved by the petitioner later on. Thus, the petitioner does not fulfill the required first part of Condition No.1 i.e. at least petitioner should have applied for registration at the time of online application form in the present recruitment. 11. Counsel for respondents has referred the judgment dated 21.02.2025 passed by the Coordinate Bench in SBCWP No. 900/2025: Manjeet Yadav Vs. State of Rajasthan and other connected writ petitions wherein the writ petition filed by similarly situated candidates have been dismissed. 12. This Court has adverted to the rival contentions of counsel for both parties and perused the material available on record as also gone through the judgments passed by the Coordinate Bench in case of Rajkumari Chahar (supra), followed in case of Pramila Choudhary (supra) as also the judgment passed by the Coordinate Bench in case of Manjeet Yadav (supra). 13. This Court has adverted to the rival contentions of counsel for both parties and perused the material available on record as also gone through the judgments passed by the Coordinate Bench in case of Rajkumari Chahar (supra), followed in case of Pramila Choudhary (supra) as also the judgment passed by the Coordinate Bench in case of Manjeet Yadav (supra). 13. At the outset, this Court noticed that the present recruitment on the post of Community Health Officer has been prescribed under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022. These rules nowhere prescribes that the registration of an aspirant candidate with Rajasthan Nursing Council is one of the essential, mandatory and requisite qualification and such certificate must be possessed at the time of submission of online application form. Further, this Court noticed that although, the post of Community Health Officer, is not a sanctioned post under the Rajasthan Medical & Health Subordinate Service Rules, 1965, however, if the eligibility of a Nursing Officer as prescribed under the Rule 11 of the Rules of 1965 are taken into consideration that Rule also nowhere prescribed the requirement of registration with the Rajasthan Nursing Council before or up to the date of submission of application form. The Rule is silent on this part, hence, it is open for the recruitment agency to fix a cut off date for submission of registration certificate. 14. This Court finds that as far as factual aspect of the present case in hand is concerned, it is an undisputed fact that petitioner scored higher marks i.e. 205.102 than the last cut off marks i.e. 200.000 in the written examination of present Recruitment- 2022. Thus, obviously, petitioner is higher meritorious candidate under the Category of OBC-NCL than the last selected candidate with cut off of 200.000 marks. 15. It is noteworthy that the essential and requisite qualifications, required for the post of Community Health Officer (CHO) in the present Recruitment, as indicated in the Advertisement in Column No.8, are as under: “1. B.Sc. in Community Health “Or” Nurse (GNM or B.Sc.) “Or” Ayurveda Practitioner (BAMS) from a recognized university.” 2. Registered in respective Rajasthan Nursing Council/Board of Indian Medicine, Rajasthan. AND All Candidates have to appear for a screening exam and short listed candidates:- A. having Certificate in Community Health (CCH)/ B.Sc. In Community Health/ B.Sc. Nursing with integrated Curriculum or Post Basic B.Sc. Registered in respective Rajasthan Nursing Council/Board of Indian Medicine, Rajasthan. AND All Candidates have to appear for a screening exam and short listed candidates:- A. having Certificate in Community Health (CCH)/ B.Sc. In Community Health/ B.Sc. Nursing with integrated Curriculum or Post Basic B.Sc. Nursing with integrated Curriculum will be posted on contractual post of CHO in SHC-H& Cs. B. Who do not have certificate in Community Health (CCH)/B.Sc. in Community Health/ B.Sc. Nursing with integrated Curriculum or Post Basic B.Sc. Nursing with integrated Curriculum have to pass the 6 Months bridge course successfully. i. If Candidate is not successful in the Bridge Course in first attempt, he/she shall be given one more opportunity (at the willingness of candidate) and for this second opportunity the fees and other expenditure of Bridge Course shall be borne by candidate himself/herself. ii. If any candidate is not qualified even after availing second opportunity, such candidates shall not be considered for the contractual post of CHO.” 16. It is not in dispute that as far as essential qualification of GNM is concerned, petitioner was in possession of such qualification at the time of submission of online application form. 17. It is further undisputed that the registration of petitioner with Rajasthan Nursing Council has also been issued on 14.06.2024, prior to the stage of documents verification and he has presented her certificate of registration at the time of her documents verification. 18. The only issue is that such registration certificate has not been issued pursuant to the application of petitioner, pending with Rajasthan Nursing Council at the time of submission of online application form, rather has been issued against subsequently filed application form for registration before the Rajasthan Nursing Council and only for such reason, the registration certificate of petitioner with the Rajasthan Nursing Council, has not been considered by the respondents, though produced by her, at the time of documents verification. 19. As far as this aspect is concerned, the Coordinate Bench of this High Court at Principal seat Jodhpur in case of Rajkumari Chahar (supra) has clearly observed and held that the registration based on the essential qualification is a consequential step. It is noteworthy that registration with the Rajasthan Nursing Council, does not require any additional exam, entrance test or interview. It is noteworthy that registration with the Rajasthan Nursing Council, does not require any additional exam, entrance test or interview. In the advertisement also, the requirement of registration with Rajasthan Nursing Council, has not been stated to be an essential qualification prescribed in Column No. 8, rather after referring the essential qualification in Column No. 8, the need of registration viz. Rajasthan Nursing Council, has been indicated in Condition No.1 attached with Column No. 8. 20. Further, a perusal of Condition No.1 envisage that the aspiring candidate is essentially required to produce the registration certificate with the Rajasthan Nursing Council at the stage of documents verification. (i) the aspirant candidate must be registered with the Rajasthan Nursing Council at the time of submission of online application form or either must have applied for the registration, and (ii) it is essentially require for a selected candidate to produce registration certificate at the stage of verification of documents, failing which, his/her candidature shall be liable to be cancelled. The main thrust of challenge to part (i), as this part has been stated to be in contradiction with the part (ii). 22. A perusal of Condition No. 1 as a whole reveals that no specific cut off date is indicated to get the registration by the aspirant candidate with Rajasthan Nursing Council. The first line of part (i) of condition i.e. candidate must have registered with the Rajasthan Nursing Council, is self contradictory to the second line of part (i) i.e. candidate must have either applied for registration. If the aspirant candidate is registered with the Rajasthan Nursing Council at the time of submission of online application form, the later part of Condition No. 1 becomes insignificant. If as per Part (ii) of condition, the candidature has been given liberty to produce the certificate of registration at the stage of documents verification, the requirement of part (i) of condition that he must have applied for registration at the time of submission of online application form, becomes otiose. In the opinion of this Court, the only essential and mandatory part of Condition No.1 is part (ii), which contains penal clause because if the selected candidate does not produce certificate of registration at the time of document verification, same would entail cancellation of his/her candidature. In the opinion of this Court, the only essential and mandatory part of Condition No.1 is part (ii), which contains penal clause because if the selected candidate does not produce certificate of registration at the time of document verification, same would entail cancellation of his/her candidature. The part (i) of condition No. 1 leads to no purpose sought to be achieved and can be held as nugatory portion of the condition. 23. When as per the Part (ii) of Condition No.1, the aspirant candidate is at liberty to produce his/her certificate of registration of the Rajasthan Nursing Council in the present recruitment before respondents, upto the stage of documents verification, failing which, the application form is liable to be cancelled, then non-fulfillment of either of the two conditions of part (i), becomes redundant in itself. Rather it can be said that part (i) of condition is virtually unnecessary and unwarranted as much as no purpose stands fulfilled by the part (i) of the condition No.1, which sought to be achieved by part (ii); once the essential requirement of producing the certificate of registration has been extended up to the stage of documents verification and only at that stage, if certificate is not produced, the candidature of selected candidate, is liable to be cancelled. 24. The necessity of either of these two pre-requirements of part (i), particularly, that the applicant should have applied for registration, at the time of submission of online application form, seems to have no nexus with requirement of last condition of part (ii). Hence, first part of Condition No.1 i.e. to the extent of requirement from the candidate that he should have applied for registration before Rajasthan Nursing Council, is declared unnecessary and void ab initio. 25. As far as case in hand is concerned, since in terms of second part of Condition No.1 i.e. essential need to produce registration certificate with Rajasthan Nursing Council at the stage of documents verification, petitioner has undisputedly produced her certificate of registration with Rajasthan Nursing Council, at the time of her documents verification, the condition stands fulfilled. Hence, the rejection of candidature of petitioner cannot be affirmed and same is hereby quashed and set aside. 26. As far as judgment passed in case of Manjeet Yadav (supra) is concerned, this Court finds that in that case, the Condition No.1 was not under challenge before the Coordinate Bench. Hence, the rejection of candidature of petitioner cannot be affirmed and same is hereby quashed and set aside. 26. As far as judgment passed in case of Manjeet Yadav (supra) is concerned, this Court finds that in that case, the Condition No.1 was not under challenge before the Coordinate Bench. Further, the issue that as per the advertisement itself, registration with the Rajasthan Nursing Council could have been produced upto the stage of documents verification, was also not considered. 27. Hence, the judgment dated 21.02.2025, passed in case of Manjeet Yadav (supra), does not decide the controversy/ issue raised herein in this writ petition and obviously this writ petition has been filed by petitioner after obtaining liberty in the previous writ petition, hence, the embargo of principle of estoppel also does not come in the way to maintain the petition. 28. As a result, the writ petition succeeds, since petitioner is a higher meritorious candidate, than the last selected candidate, under the Category of OBC-NCL for the post of Community Health Officer in the present Recruitment- 2022, hence, it is directed that respondents shall consider the candidature of petitioner on merits and, if found suitable, shall offer her appointment on the post of Community Health Officer pursuant to Advertisement dated 01.11.2022, within a period of four weeks. 29. Stay application and other pending application(s), if any, stand disposed of.