The court reinforced that state recruitment must comply with prior judicial decisions, ensuring all advertised posts are filled as mandated, thereby emphasizing adherence to principles of equality and merit in public service.

ORDER :

FARJAND ALI, J.

1. Learned counsels for the petitioners, at the outset, submit that the controversy raised in the instant writ petitions, is no more res-integra in view of the adjudication by a Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. Suresh Kumar & Ors. : D.B. Special Appeal Writ No.414/2019 decided on 15.09.2025, observing thus:

1. These appeals are directed against the order dated19.12.2018 passed by the learned Single Judge of this Court, whereby a direction was issued to the appellant-State to fill-up2500 posts in the same manner as has been held by the judgment dated 07.12.2016 passed in the case of Rajkumar & Ors. vs. Stateof Rajasthan & Ors. (S.B. Civil Writ Petition No. 6207/2009).

2. Since, the facts have been aptly recorded in detail by the learned Single Judge, we need not dilate upon the facts of the case.

3. The facts, which are relevant for the present purposes are, however, noted for ready reference.

4. The appellant no. 5 – Additional Director (Admn.) issued an advertisement dated 04.05.2007 and invited applications from desirous candidates for engagement as Nurse Grade-II (GNM) for2500 posts in various districts of State. The said posts were notified for the purpose of a mission called ‘National Rural Health Mission’ (hereinafter referred to as ‘the NRHM’). The postings were to be made at sub-health centers in various rural areas and therefore, a preference to the bona-fide resident of the concerned districts was extended.

5. Another advertisement came to be issued on 08.08.2007inviting applications from eligible candidates, however, without any preference to the candidates belonging to a particular district. It was stipulated in the said advertisement that the candidates, who had applied under the previous advertisement dated 04.05.2007 need not apply.

6. By way of a corrigendum issued on 25.08.2007, the criteria relating to appointment at district level was withdrawn and the State level merit list was proposed to be prepared. Another corrigendum dated 21.01.2008 was issued and condition of preparing merit list of the selected candidates at district level was again inserted.

7. One Dema Ram Choudhary filed a writ petition being S.B. Civil Writ Petition No. 1120/2008 challenging the preparation of merit list at district level, which writ petition came to be allowed vide order dated 20.02.2008 inter-alia with the direction to prepare merit list at State level basis by adopting common criteria.

8. Another writ petition bearing S.B. Civil Writ Petition No.741/2008 (Sant Lal Yadav & Ors. vs. State of Rajasthan & Ors.) came to be filed which was allowed by the order dated 08.05.2008in light of the directions given in the case of Dema Ram Choudhary (supra). Other similar writ petitions also came to be filed. The State preferred an appeal there against, but the same was dismissed.

9. The controversy, however, went before the Full Bench of this Court pursuant to a Reference, which came to be answered by Three Judge Bench of this Court vide judgment dated 30.11.2015 in the case of Rajkumar & Ors. vs. State of Rajasthan & Ors.

10. The Full Bench by above referred judgment observed that in light of the complete scheme of the NRHM, if a preference is give non the basis of place of residence and/or criteria of local resident among the equals, then such criteria cannot be said to be irrational or violative of Article 14 of the Constitution of India. While holding so, the Full Bench sent the matter back to the learned Single Judge to decide each case on its merit.

11. The matters pending before the learned Single Judge led by the case of Rajkumar (supra) came to be decided by the judgment dated 17.12.2016, in which the learned Single Judge issued various directions, out of which the following direction is relevant for the present purposes:

“2] As the advertisement dated 08.08.2007 was withdrawn and immediately thereafter n