Advocates:
['YASHPAL KHILEREE', '', 'RAJESH PUNIA', 'RAJENDRA PRASAD', 'JAMWANT GURJAR', 'DILIP BARUPAL', 'KL THAKUR AAG']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1273 / 2018

Manohar Lal (Application ID 06020000951) S/o Shri Chimana Ram

Meena, Aged About 30 Years, By Caste Meena (ST), Resident of

Near Gautam Rishi Mandir, Ramdev Colony, Jalore (Raj.).

----Petitioner

Versus

1. State of Rajasthan Through Its Principal Secretary, Department

of Medical & Health Services, Secretariat, Jaipur.

2. Additional Director (Admn.), Medical & Health Services, Health

Bhawan, Jaipur.

----Respondents

_____________________________________________________

For Petitioner(s) : Mr.Yashpal Khileree.

For Respondent(s) : Mr.Rishabh Tayal.

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

12/03/2018

1.

The petitioner by way of filing this petition is claiming

the following reliefs :-

“It is, therefore, respectfully prayed that Your Lordship

may be pleased to allow this writ petition in the nature

of mandamus and by an appropriate writ, order or

direction :-

i.

Respondents may kindly be directed to appoint

the petitioner on the post of Nurse Grade-2nd, under

the category of ‘ST’ category pursuant to

Advertisement dated 26/02/2013 (Annex.-4) in

accordance with the provisions of the Rules of 1965

with all consequential benefits ;

ii.

in addition to above, the respondents be directed

to prepare the fresh revised final merit list/selection list

after complying the directions issued vide order dated

(2 of 3)

[CW-1273/2018]

16.12.2015 by this Hon’ble Court in the case of

Rajkumari versus State of Rajasthan, and also taking

into count the actual acquired marks of senior

Secondary & GNM Diploma for all the candidates and

thereafter be prepare the fresh revised merit list

pursuant to Advt. 26.02.2013 Annex.4 and give

appointment to the petitioner on the post of Nurse

Grade-2nd, with all consequential benefits;

iii.

the respondents be directed to issue waiting list of

the suitable candidates about 50 % of the advertised

vacancies vide Advertisement dated 26/02/2013

(Annex.-4) in order of merit and category as per the

Rule 20 of the Rules of 1965;

iv.

the advertisement dated 28.01.2016 Annex.13

may kindly be declared illegal and arbitrary and same

may kindly be quashed and set aside qua the post of

GNM;

v.

any other appropriate order or directions, which is

deemed just and proper in the facts and circumstances

of the case may kindly be also passed in favour of the

humble petitioner; and

vi.

the petitioner may kindly be allowed the cost of

writ petition.”

2.

At the outset, counsel for the petitioner states that the

petitioner shall be satisfied if his detailed representation is decided

by the respondents in light of the following judgments :-

(I)

D.B. Civil Special Appeal (Writ) No.578/2016 (State of

Rajasthan & Ors. vs. Pradeep Singh) decided on 14.9.2016 ;

and

(II)

S.B. Civil Writ Petition No.15961/2015 (Rajkumari

versus State of Rajasthan & Ors.) decided on 16.12.2015.

3.

Counsel for the respondents assures this Court that the

representation shall be decided in accordance with law.

(3 of 3)

[CW-1273/2018]

4.

In view of the statement aforesaid, the writ petition is

disposed of with a direction to the respondents to consider and

decide representation of the petitioner keeping in view the

aforementioned precedent law within a period of sixty days from

today.

(DR. PUSHPENDRA SINGH BHATI)J.

S.Phophaliya/-