Leela Devi vs State Of Rajasthan And Ors

Mr. Mehta, learned counsel appearing for the respondents, at the outset, submits that 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.

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."

In this view of the matter, even if the petitioners' contention is accepted that they had deposited the requisite fee on 10.02.2016, their certificates by Rajasthan Nursing Council have been issued on 05.10.2017, which is after 02.02.2017 and petitioners are, therefore, not eligible for appointment, pursuant to subject advertisement.

In view of the above, the writ petition fails. The stay application also stands dismissed.