1 SBCWP 11122/09 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No.11122/2009 Smt. Santosh Trivedi Versus State & Anr. Date of Order ::: 17/09/2009 Hon'ble Mr. Justice Ajay Rastogi Mr. Sanjeev Prakash Sharma, for petitioner Petitioner, who is holding the post of Female Health Worker and is member of Rajasthan Medical and Health Subordinate Service Rules, 1965, has filed the instant petition with the grievance that there is no avenues of promotion available under the Rules of 1965 and she is being stagnated which certainly hampering her working in the department. The petitioner has also challenged the procedure of recruitment on the post of General Nurse Grade II which is to be filled 100% by way of direct recruitment under the Rules. The petitioner was appointed initially on urgent temporary basis for a period of six months as Female Health Worker on 9th June, 1989 (Anx.1) and it has been informed to this Court that the petitioner is still working on the said post. While in service, she undertook a training, which makes her eligible for the post of Nurse Grade II, which is to be filled 100% 2 SBCWP 11122/09 by way of direct recruitment under the Rules of 1965. Counsel for petitioner submits that there is no avenues of promotion available under the Rules and the petitioner is eligible for the post of Nurse Grade II, but the procedure, which the rule making authority has adopted in making recruitment on the said post of 100% by way of direct recruitment, is violative of Article 14 of the Constitution of India and the petitioner being stagnated on the initial post which she held denies further avenues of promotion has infringed her right which is violative of Article 14 of the Constitution of India. The submissions made by the counsel are without merit for the reason that it is for the rule making authority to lay down the criteria as to whether the post in question has to be filled by direct recruitment or by promotion or by both the methods. In the instant case, the rule making authority considered it appropriate to fill the post of Nurse Grade II 100% by way of direct recruitment which in the opinion of this Court cannot be said tobe arbitrary or violative of her rights under the Constitution. It has not been disputed by counsel for petitioner that the petitioner is also eligible 3 SBCWP 11122/09 for the post of Nurse Grade II. If that is so, she has a right to participate in the process as and when initiated by the respondent-State while making appointment under the Rules of 1965. It has also been brought to the notice of this Court that under the Rajasthan Rural Medical & Health Subordinate Service Rules, 2008, the post of Nurse Grade II is to be filled 100% by direct recruitment and the advertisement was issued for making such appointment on 18/07/2008 and the petitioner being eligible, opportunity was available to participate in the process of selection initiated by the State. This Court finds no substance in the writ petition and the same is accordingly dismissed. (Ajay Rastogi), J. Raghu-11122cw2009-final.doc