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2026 Supreme(Raj) 584

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SHUBHA MEHTA
Project Director, National Health Mission, Medical And Family Welfare Directorate – Appellant
Versus
Yamini Rathore, D/o. Shri Nand Kishor Rathore – Respondent


Advocates Appeared:
For the Appellant : Mr. Vigyan Shah, AAG with Mr. Priyam Agarwal.
For the Respondent: Mr. Pradeep Singh.

JUDGMENT :

1. The challenge in this appeal is to the order passed by the learned Single Judge dated 15.07.2025 whereby, he has allowed the writ petition filed by the respondent and directed as under:

“28. As a result, the writ petition succeeds, since petitioner is a higher meritorious candidate, than the last selected candidate, under the Category of OBC-NCL for the post of Community Health Officer in the present Recruitment-2022, hence, it is directed that respondents shall consider the candidature of petitioner on merits and, if found suitable, shall offer her appointment on the post of Community Health Officer pursuant to Advertisement dated 01.11.2022, within a period of four weeks.”

2. Learned Additional Advocate General submits that the learned Single Judge has erred in allowing the petition, as the conditions of the advertisement could not have been treated as otiose and redundant, as observed by the learned Single Judge. He submits that as per the advertisement, while candidates were permitted to get their certificate of registration with the Rajasthan Nursing Council verified on the date of verification and they could have gotten this registered even after the last date of a

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