JUDGMENT :

DINESH MEHTA, J.

Feeling aggrieved of the respondents' action of reflecting petitioner's name in the list of ineligible/rejected candidates, the petitioner has approached this Court invoking Article 226 of the Constitution of India.

2. Narrating in a nutshell, the facts appertain are that petitioner having acquired GNM Diploma Course and professionally qualified for the post of Nurse Grade-II/GNM, vied pursuant to recruitment notification dated 30.05.2018, issued by the respondents for filling up 6035 posts of Non-TSP area.

3. The petitioner applied for registration with the Rajasthan Nursing Council (hereinafter referred to as the Council’ or ‘RNC) and was granted registration certificate on 11.02.2009. Said certificate was renewed from time to time for the period upto 31.12.2018.

4. On the strength of her educational qualification and the registration with RNC, the petitioner was selected as Nurse Grade-II on contractual basis and has been discharging her duties at MDM Hospital, Jodhpur since 01.09.2009.

5. While the petitioner was working on contractual basis, the State of Madhya Pradesh issued a recruitment notification for filling up regular posts of GNM for which the requirement was to have registration in the State of Madhya Pradesh and thus, she applied for migration of her registration to Nursing Council, Bhopal on 21.07.2011.

6. According to the petitioner, before a registration certificate was issued by the Nursing Council, Bhopal, she changed her mind and requested the said Nursing Council, Bhopal to not to issue registration certificate. A copy of the application/letter duly received by the Office of Nursing Council, Bhopal has been placed on record as Annex.3.

7. It was the assertion of the petitioner that she neither got herself enrolled with Nursing Council, Bhopal nor she ever joined in Madhya Pradesh. The petitioner continued working at MDM Hospital, Jodhpur and her registration with Rajasthan Nursing Council was renewed on 27.01.2014 making it valid till 31.12.2018.

8. When the respondents issued above recruitment notification dated 30.05.2018, the petitioner filled her application form, indisputably before the last date of submitting application form, which was 03.07.2018.

9. Before the process of recruitment could complete, validity of petitioner's registration certificate expired on 31.12.2018, thus, she applied for renewal of registration, while depositing requisite fee vide receipt No. 199355 dated 18.01.2019.

10. As the petitioner did not receive her renewed registration certificate for months, she made enquiries in the Office of respondent-Council in this regard. She was informed that her registration certificate had been wrongly renewed in 2014. According to respondent - Council as she had obtained NOC in the year 2011, her registration could not be renewed in December, 2014.

11. Such being the position, the petitioner thought it appropriate to apply for registration afresh, which she did on 19.08.2019, by way of tendering a fee of Rs. 2000/-, vide receipt No. 14715 of even date and a fresh certificate of registration came to be issued on 13.01.2020.

12. In the meantime, the petitioner appeared in the written examination and having secured higher marks (63.939%) than the cut off of her category (58.192%), she was called for document verification on 23.08.2019.

13. During the course of document verification, petitioner produced her original registration certificate with Rajasthan Nursing Council dated 11.02.2009 (having its validity till 31.12.2018), along with other relevant documents. Petitioner also produced proof of having applied for renewal/fresh registration.

14. On 08.01.2020 a provisional merit list and another list came to be issued giving out names of candidates, whose candidature was rejected. The petitioner found her name reflected in the list of rejected candidates, citing “Rejected due to RNC”.

15. In furtherance of the note appended with the list published on 08.01.2020, the petitioner sub