1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.10373/08 Chuttan Lal Meena vs. State & Ors. Date of order : 13/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.N. Meena for the petitioner. Shri Vibhuti Bhushan Sharma, Addl. Govt. Counsel for the respondents. ****** Contention of the learned counsel for the petitioner is that candidature of the petitioner for appointment on the post of GNM was rejected by the respondents on the ground that he does not possess the qualification of Senior Secondary (Academic) or other qualification equivalent thereto. The qualification of Senior Secondary (Vocational) which he possessed was not considered equivalent to Senior Secondary (Academic). Petitioner passed the diploma in General Nursing and Midwifery in the year 2007 with 65.53% marks. He then got himself registered with Rajasthan Nursing Council on 15.5.07. He applied for appointment on the post of GNM pursuant to the advertisement dated 8.8.2007 issued by the respondents by which appointments were intended to be made 2 against 6172 posts of GNM under the National Rural Health Mission which included 54 vacancies for the district of Sawai Madhopur. As per the criteria adopted by the respondents, petitioner secured 60.26% marks in the merit list. The respondents declared the result showing 3704 candidates selected and cut off marks for S.T. (Male) in that category was 50.923%. According to the percentage of the petitioner, he should have been appointed against that post. Learned counsel for the petitioner has relied on the judgement of this Court in Manju vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.12628/08 and several identical petitions decided by common judgment dated 15.5.09 where the issue with regard to equivalence of the qualification of Senior Secondary (Vocational) was also agitated and decided following the judgement of this Court in writ petition of Sharmila Paneri vs. State & Ors., S.B. Civil Writ Petition No.12575/08, wherein it was held as under: “In Sharmila Paneri vs. State of Rajasthan & Ors.; S.B. Civil Writ 3 Petition No.12575/08, her candidature for consideration of appointment on the post of G.N.M. was denied on the ground of ineligibility on account of having Senior Secondary (Vocational) although the controversy has been settled by the Supreme Court as well as this Court in a case reported in WLC 2002 (4) Page 681 titled as Deep Chand vs. State of Rajasthan, therefore, the petition deserves to be accepted and the same is accepted with a direction to the respondents to now consider the candidature of Sharmila Paneri and assigned her proper merit in the State list thereafter act accordingly.” Learned counsel also cited the judgement of coordinate bench of this Court in Syed Rehan Ahmed Naqvi vs. State & Ors., S.B. Civil Writ Petition No.9922/08 decided on 12.9.08 and another coordinate bench judgement of this Court in Smt. Suman vs. State & Anr., S.B. Civil Writ Petition No.1396/98 decided on 4.8.06 and argued that in these judgements also, the qualification of Senior Secondary (Vocational) was held to be equivalent to the Senior Secondary (Academic). He also relied on the judgement 4 of coordinate bench of this Court in Ramraj Tada vs. State & Ors., S.B. Civil Writ Petition No.4005/08 decided on 8.8.08 in support of his arguments. Shri Vibhuti Bhushan Sharma, learned Additional Government Counsel although opposed the writ petition on the plea that the petitioner was not considered eligible for appointment because he did not have the requisite qualification but was not in a position to distinguish the aforesaid judgements. In the result, this writ petition is allowed and the respondents are directed to consider the candidature of the petitioner for appointment on the post of GNM and assign him proper merit in the State list and act accordingly. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/