Harish Dhawal vs State Of Rajasthan And Ors

An advertisement dated 28.01.2016 was floated for filling up the post of GNM on contractual basis. The petitioner - an SC Candidate, secured 90% marks but was not selected.

The reason for non-inclusion of his name in the select list was that he did not have a registration with nursing council on the date of application.

The eligibility condition prescribed in para No.5 of the advertisement thus:-

"1. रांज्य सरकार द्वारा मान्यता प्राप्त संस्था से जनरल नर्सिंग प्रशिक्षण कोर्स अथवा समकक्ष योग्यता।

राजस्थान नर्सिंग कॉंसिल में पंजीयन ;अनिवार्यद्ध।

इंटर्नशिप पूर्ण करने का प्रमाण-पत्र।"

Mr. Vishnoi, learned counsel for the petitioner, submitted that petitioner did have a valid registration with Rajasthan Nursing Council, which was valid from 25.08.2011 to 31.12.2015 and thereafter from 31.05.2018 to 31.12.2022. However, during the intervening period of three years, the petitioner could not get his license renewed/validated.

The petitioner submitted his application pursuant to the advertisement aforesaid but admittedly, on the date of submitting the application, he did not have registration with the Rajasthan Nursing Council.

Mr. Vishnoi, learned counsel for the petitioner argued that the mere fact that while submitting application, the petitioner did not have registration with the Rajasthan Nursing Council, is inconsequential, inasmuch as, on the date of document verification, the petitioner did have a valid registration certification.

Mr. Shreyansh Mehta, on the other hand, contended that even at the time of filing the application, the petitioner had not applied for renewal of his registration with the Rajasthan Nursing Council and the petitioner submitted the application for renewal on 28.11.2016, much after the date of advertisement (28.01.2016).

According to Mr. Mehta, this Court, in the judgment dated 08.12.2017, in the case of Manju Devi Vs. State & Ors. (SBCWP No.13299/2017), has clearly held that any candidate, who had applied for registration prior to 28.02.2016 and had a valid certificate on the date of document verification (02.02.2017) alone will be eligible pursuant to the advertisement dated 28.01.2016.

Concededly, neither the petitioner had applied prior to 28.02.2016 for renewal/registration with the Rajasthan Nursing Council not was his certificate issued prior to 02.02.2017. Since none of the conditions mentioned in the judgment aforesaid is satisfied, in considered opinion of this Court, the petitioner is not eligible for selection.

There is no force in the present writ petition, for which the same is hereby dismissed. The stay application also stands dismissed.