The preparation of the merit list at the State level and allocation of the district for contractual engagement on the various posts to the successful candidates on the basis of the merit-cum-choice is a just, fair and reasonable criteria adopted by the respondent, which does not violate Article 14 & 16 of the Constitution of India.

JUDGMENT :

1. This intra court appeal is directed against order dated 11.12.19 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellants questioning the legality of the provisional select list for contractual engagement of Nurse Gr. II (GNM) issued pursuant to advertisement dated 28.1.16 and seeking directions to the respondents to prepare a fresh merit list at district level as per the directions issued by the Full Bench of this Court in Rajkumar & Ors. vs. State of Rajasthan & Ors.: AIR 2016 Raj. 176, has been dismissed.

2. The Director, Rajasthan Health & Family Welfare Institution, issued an advertisement dated 28.1.16 inter alia inviting applications for contractual engagement on the post of GNM on payment of fixed monthly honorarium Rs. 7,500/- per month. As per the advertisement issued, the appointments were to be made on the basis of the guidelines issued by the National Health Mission (NHM). In the advertisement issued, it was not indicated as to whether the selection would be made at the district level or at the State level. Vide notice dated 18.2.19, the respondent called upon the candidates to fill on-line preference for 34 districts of the State of Rajasthan by 21.2.19. The result was declared on 21.2.19. After verification of the documents between 25.2.19 to 2.3.19, the provisional select list was issued by the respondents which was apparently prepared at State level. Aggrieved thereby, the appellants preferred a writ petition before this Court, which stands dismissed by the learned Single Judge by the order impugned. Hence, this appeal.

3. Precisely, the appellants claimed before the learned Single Judge that action of the respondents in providing for selection based on State wise list is contrary to Full Bench decision of this Court in Rajkumar's case (supra). It was contended that under the same advertisement qua the post of ANM, the respondents have followed district wise merit list and have accorded appointments accordingly and therefore, there is no reason why a different basis i.e. State wise merit list should be resorted to for appointment on the post of GNM.

4. The respondents had taken the stand that the decision in Rajkumar's case (supra) has not been contravened and they have followed the decision of the learned Single Judge in the case of Priyanka Saini & Anr. vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No. 1766/17, decided on 1.5.17 at Jaipur Bench of this Court. The respondents also relied upon the decision of this Court in Mohammed Farukh Mehar & Ors. vs. State of Rajasthan & Ors.: S.B. Civil Writ No. 3940/2019, decided on 14.3.19, wherein the criteria of State wise merit list adopted by the respondents was upheld.

5. After due consideration of the rival submissions, the learned Single Judge opined that the decision of the respondents in adopting State level merit list pattern, does not run contrary to Full Bench decision of this Court in Rajkumar's case (supra). The learned Single Judge found that the action of the respondents in issuing State level merit list following the dictum in the case of Priyanka Saini (supra) cannot be faulted with.

6. Learned counsel appearing for the appellants reiterating the stand taken before the learned Single Judge contended that the contractual engagement in question relate to the project of NHM in respect whereof a Full Bench of this Court has already upheld the preference given to the local residents by adopting the method of recruitment at district level and therefore, the respondents could not have adopted a different criteria i.e. recruitment at the State level. Learned counsel submitted that the decision of the respondents in adopting the State level merit list pattern for appointment on the post of GNM runs contrary to the Full Bench decision in Rajkumar's case (supra) and therefore, the provisional select list issued at the State level was liable to be quashed on this count alone. Learned counsel submitt