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ARUN BHANSALI
Rai – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This writ petition has been filed by the petitioner aggrieved against cancellation of her application for the post of ANM on urgent temporary basis pursuant to the advertisement dated 19.06.2021.
2. The advertisement dated 19.06.2021 (Annex.1) was issued by the respondents seeking applications for 250 posts of ANM on urgent temporary basis. The professional qualifications required as indicated in the advertisement were that the candidate must have passed ANM course, must be compulsorily registered with the Rajasthan Nursing Council and was required to attach the bona fide resident certificate, caste certificate, marriage certificate and other documents.
3. The petitioner applied on 25.06.2021 and alongwith the application, attached fee receipt from the Rajasthan Nursing Council dated 14.06.2021, which pertains to her ANM registration fees.
4. When the provisional merit list dated 20.07.2021 (Annex.3) was issued, the application of the petitioner was rejected, inter-alia, indicating that though the petitioner found place in the provisional merit list, as she was not registered with the Rajasthan Nursing Council, her application has been rejected.
5. Subsequently, the petitioner
Eligibility for public employment must be strictly adhered to as per the stipulated requirements in the advertisement, including necessary qualifications by the application deadline.
The requirement for registration with the Rajasthan Nursing Council was deemed unnecessary prior to application submission; essential qualification assessed at verification suffices.
The main legal point established in the judgment is the strict adherence to the eligibility criteria as stipulated in the advertisement, particularly the requirement of possessing the registration wi....
Once a candidate is allowed to participate in a selection process, they cannot be denied appointment on the basis of an expired registration, particularly under exceptional circumstances like a pande....
The main legal point established in the judgment is that substantial compliance with the requirements of the advertisement and qualification for the post should not be denied based on technicalities,....
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
The court emphasized the importance of substantial compliance with the requirements of the advertisement and the duty of the court to impart substantial justice.
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