Govind Mathur, J.

This reference is before us to answer the following substantial questions :-

"(1) Whether in view of the frame and purport of the National Rural Health Mission ('NRHM') Scheme, engagement of Para-Medical Staff with preparation of merit at District level, as opposed to that at State level, is permissible in law?

(2) Whether in view of the frame and purport of the National Rural Health Mission ('NRHM') Scheme, engagement of Para-Medical Staff with reference to the place of residence and/or local criteria is permissible in law?"

2. The factual matrix necessary to be taken into consideration to examine and answer the issues referred is that the Additional Director (Administration), Directorate of Medical and Health Services, Rajasthan, Jaipur, under an advertisement dated 4.5.2007 invited applications from the eligible desirous candidates for engagement as Nurse Grade- II/General Nurse Male (GNM) against the existing 2500 posts in various districts of the State. The posts aforesaid were not regular encadered posts, but created under the National Rural Health Mission (NRHM). The appointments under the advertisement aforesaid were required to be made at Sub Health Centres in rural areas at remote as well as general places, thus, a preference to the bona fide residents of the district concerned was also extended.

3. By another advertisement dated 8.8.2007 the respondents again invited applications from eligible candidates against the posts in NRHM, however, the preference on district level was taken away, but it was made clear that those who have applied in pursuant to the first advertisement need not to apply afresh. A corrigendum thereafter was issued on 25.8.2007 wherein the criterion relating to appointment at district level was withdrawn and a merit list at State level was sought to be prepared. By another corrigendum dated 21.1.2008 the condition of preparing a merit list of the selected incumbents at district level was again inserted.

4. A challenge was given to the condition pertaining to preparation of merit at district level by way of filing a petition for writ before this Court (SB Civil Writ Petition No.1120/2008, Dema Ram Choudhary v. State of Rajasthan & Ors.). The petition for writ aforesaid came to be accepted vide judgment dated 20.2.2008 with following observations and directions:-

"Since the controversy raised in all the writ petitions comes in a narrow compass and inasmuch as learned counsel for the petitioners submits that if a direction is issued to prepare the merit list on state level with one and similar criteria and a further direction for consideration of candidature of all the candidates, who applied pursuant to the advertisement dated 04.05.2007 as well as well as 08.08.2007, then petitioners will have no grievance.

Looking to the fact that the aforesaid prayer is not seriously opposed by learned counsel for the respondents, more so when it was due to preparation of district wise merit list, different criteria in discriminatory manner has been adopted in different districts and otherwise action of the respondents is illegal in view of by the judgment of Hon'ble Supreme Court in the case of Rajesh Kumar Gupta (supra) where selection on district level was held to be illegal.

In view of the above, I allow all these writ petitions and direct the respondents to prepare merit list on state level by adopting one and same criteria for preparation of the merit. The appointments are directed to be given thereupon strictly in order of merit irrespective of the place from a candidate is coming and while considering the merit of the candidates, all the applications already submitted, pursuant to the first and second advertisement would be taken into consideration. The corrigendum dated 21.01.2008 is set aside accordingly, while maintaining the corrigendum dated 25.08.2007."

5. An other writ petition i.e. SB Civil Writ Petition No.741/2008, Santh Lal Yadav & Ors. v. State & Ors., too came to be accept