Bindu Kumari vs State Of Rajasthan And Ors

The petitioner vied for the post of General Nursing & Midwifery pursuant to advertisement dated 28.01.2016.

The petitioner, earlier having registered with Haryana Nursing Council, applied for the registration with the Rajasthan Nursing Council on

19.05.2016 and was granted registration by the Rajasthan Nursing Council on 11.01.2018.

The petitioner has preferred the present writ petition seeking direction to the respondent to accord her appointment.

Mr. Shreyansh Mehta, learned counsel appearing for the respondents submitted that in view of the clear condition mentioned in the advertisement

and circular dated 25.02.2019, the candidates, who have applied for registration before 26.02.2016 and are having certificate of registration with the

Rajasthan Nursing Council on 05.03.2019, alone are eligible.

Mr. Vikas Bijarnia, learned counsel for the petitioner in rejoinder argued that if a candidate who does not have educational qualification and studying

in the last year of the course concerned can apply for and claim appointment, in case he furnishes proof of passing such exam on the date of

document verification, then why a candidate, who did not have registration with the Rajasthan Nursing Council on the date of application but having

registration on the date of document verification, cannot be considered.

Having heard rival counsel, this Court is of the view that this issue has been decided by this Court on 08.12.2017 in Manju Devi Vs. State of Raj. &

Ors.; S.B. Civil Writ Petition No.13299/2017 holding that the candidates who does not have registration or who have not applied for registration on

cut-off date i.e. 26.02.2016 are not eligible to be appointed as General Nurse and Midwife on contractual basis pursuant to advertisement dated

28.01.2016.

In the case of Manju Devi (supra), this Court has held as under:-

“11. The purport of Division Bench judgment and Single Bench judgment cited by learned counsel for the petitioner is that the registration ought to

be attempted by the petitioners before the cut-off date and the time taken by the Registering Authority should be exempted. The condition of

registration at the threshold at the of submitting the form itself has already also been dealt with, however, in the present circumstances the Rules

which are applicable create a legal obligation upon the respondents to take proof of the qualification alongwith registration before the order on or

before the date of written examination, which is 28.02.2016. Receipt for registration is a sufficient proof as held by Hon'ble Division Bench of this

Court to ensure that within cut-off date necessary action on behalf of the candidates has been taken, thus, this Court holds that the petitioners who are

aspirants for the post of ANM under the National Health Mission as per advertisement dt. 28.01.2016 shall be entitled to be given appointment on their

own merits if they have acquired the qualification on or before 28.2.2016, which is the date of examination and is in consonance with the Rules of

1999.

Since there is a mandatory requirement of the qualification being registered, therefore, the act of petitioners/candidates ought to show that they

have done the needful on their part of requirement, therefore, those candidates shall also be treated eligible who have applied for registration before

28.02.2016 and have acquired the certificate before the date of verification which is 02.02.2017.

Thus, in light of the aforesaid observations the present petitions are disposed of with a direction to the respondents to consider the petitioners

eligible for the post of ANM under the National Health Mission on contract basis arising out of advertisement dt. 28.02.2016 on the following terms:-

(a) The petitioners who have applied for registration on or before 28.02.2016 shall be treated as eligible as far as condition of registration is concerned

and shall be permitted to participate in the selection process and shall be given appointment strictly in accordance with their merits.

(b) However, the condition No. (a) shall apply if the candidates have the certificate on or before 02.02.2017, which is the date of verification. Thus, in

both the conditions, the petitioners need to have registration receipt (which means in Rajasthan Nursing Council) before 28.02.2016 and simultaneously

have certificate on or before 02.2.2017.â€​

Following the judgment in case of Manju Devi (supra) the writ petition is dismissed.

Stay petition also stands dismissed.