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Judgment
The instant special appeal has been filed by the appellants against the order dated 17.01.2018 passed by learned Single Judge in SBCWP
No.14942/2017 whereby the writ petition filed by the appellants/petitioners was dismissed.
Learned counsel for the appellants submits that after the judgment in the case of State of Rajasthan Vs. Archana passed in SLP (C)
No.S32008-009/2013, the State Government is under obligation to recast the merit list for the post of Nurse Grade-II prepared in pursuance of
advertisement dated 06.02.2013.
It emerges from the arguments of learned counsel for the appellants that after the judgment of Hon''ble Supreme Court in the case of Archna
(supra), the State Government is under obligation to revise the merit list of the post of Nurse Grade-II prepared in pursuance of advertisement
dated 26.02.2013 while granting bonus marks in the cap of 30 marks as provided in Rule 19 of the Rajasthan Medical and Health Subordinate
Service Rules, 1965. It is admitted fact that the selection process for appointment on the post of Nurse Grade-II was completed in the month of
February, 2016 as the medical facilities were urgently required by the respondent- State as per precedent of law of the time propounded by the
Division Bench of this Court vide order dated 24.09.2013 and benefit of 5, 10 and 15 marks for completing 1, 2 and 3 years of service was given
to the candidates. There is not dispute that the State Government preferred an appeal against the judgment dated 24.09.2013 passed in CW
No.9352/2013 before the Hon''ble Supreme Court, but the State Government decided to follow the judgment of the Division Bench of this Court
dated 24.09.2013, therefore, after withdrawing the SLP from the Apex Court, the selection process was completed.
Upon consideration of arguments advanced by the learned counsel for the appellants for the claim to recast the merit in view of judgment of
Apex Court in the case of Archna (supra), we are of the opinion that no such direction was given by the Hon''ble Apex Court to recast the merit
for the post of Nurse Grade II appointments have already been made after withdrawal of SLP,. In our opinion, if the appellants/petitioners are
having any grievance, then they are required to raise their grievance before the Apex Court for disobedience.
Accordingly, we are in full agreement with the learned Single Judge that no such direction for recasting the merit list, can be given to the State
Government who has accepted the judgment of Division Bench in SBCWP No.9352/2013 decided on 24.09.2013, and in compliance of said
order provided appointment to large number of persons, who are not before the court.
In view of above, we see no reason to interfere in the judgment impugned in this appeal.
Consequently, the instant special appeal is hereby dismissed.