CW 10426/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.10426/09 Dharmendra Kumar Pandey Versus State & Ors. DATE OF ORDER : 14/12/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Manish Kumar Sharma, for petitioner Dr. Vibhuti Bhushan Sharma, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner with the grievance that despite he is eligible & selected for the post of GNM in pursuance of advertisement issued by the respondents, his candidature was arbitrarily rejected without any reasonable cause/justification vide communication dt.22nd July, 2009 [Ann.6.]. Petitioner submitted his application for the post of GNM in pursuance of advertisement dt.04/05/07 read with 08/08/07 and it discloses about Registration No.24413 Part-I-A & Midwife Registration No.21699 Part-II-A with Rajasthan Nursing Council, Jaipur. But, xerox copy of Certificate of Registration issued from Rajasthan Nursing Council [Ann.3] was not enclosed. However, according to petitioner, when he appeared for counselling, Certificate of CW 10426/09 [2] Registration was placed before the authority for perusal. But, this fact has been disputed by the respondents and it has been averred that Certificate of Registration [Ann.3] placed on record, was never placed for perusal. In absence whereof, his application was rejected vide order dt.22nd July, 2009. However, it is not the case of the respondents that petitioner is not eligible for the post of GNM to which he submitted application. The document [Ann.3] is the Certificate of Registration with Rajasthan Nursing Council issued on 05/07/04 has not been disputed by the respondents. Counsel further submits that petitioner applied in the category of General [Male] and secured 66.57 and last cut-off is 64.5 of General [Male] and this fact has also not been controverted by the respondents. The eligibility of the petitioner is not in question and Certificate of Registration has also been placed on record as Ann.3. In such circumstances, rejection of his candidature cannot be held to be justified. Taking note thereof, this Court considers it appropriate that candidature of the petitioner CW 10426/09 [3] may be considered for appointment, if his name finds place in the order of merit prepared by the respondents for the post of GNM. Consequently, writ petition stands allowed. Letter of rejection dt.22/07/09 [Ann.6] is set aside and respondents are directed to consider the candidature of the petitioner for appointment on the post of GNM in case his name finds place in the order of merit. Appropriate orders may be passed within one month from today. No costs. [AJAY RASTOGI], J. FRBOHRA10426CW09 14-12.doc