SBCWP No.3944/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3944/2002. Jitendra Kumar Sharma and others Vs. State and others Date of order : November 24, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Sharma for the petitioners. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT :- This writ petition has been filed the prayer to direct the respondents to consider the candidature of the petitioners for appointment as Nurse Gr.II with all consequential benefits at par with the candidates who have obtained such similar training from the States. Such other candidates are Senior Secondary passed with Arts and other subjects and are not possessing the qualification of Senior Secondary (Science) like the petitioners, nevertheless, they are being considered eligible. Cause of action for the petitioners to file this petition arose when advertisement was issued by the respondents on 11/10/2001. Writ petition was filed way back in 2002. 2) Respondents in reply to writ petition have contended that even the candidates who have passed the Nursing Training course from the institutions SBCWP No.3944/02. 2 recognized by Indian Nursing Council, New Delhi may be from outside the State, have to be treated as eligible. It is further contended that pursuant to selection in question, appointments have been made and the persons appointed have not been impleaded as party respondents. The writ petition cannot be heard in absence of such persons, who are likely to be effected by the outcome. 3) I find substance in what is being urged by the learned counsel for the respondents. Though the petitioners have questioned the validity and correctness of the appointment of such persons who have obtained the Nursing Training from the institutions outside the State but none of these persons are named in the petition. Besides, not a single person who has secured appointment pursuant to the advertisement referred to above, has been impleaded as party respondent. It is also not known whether those appointed pursuant to advertisement dated 11/10/2001 are still being continued in service or not. 4) In view of above, petitioners have not made out any case for issuance a writ of mandamus. No direction can possibly be given to the respondents to consider his case for appointment pursuant to the aforesaid advertisement at this distinct of time. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil SBCWP No.3944/02. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.3727/2002. in S.B. CIVIL WRIT PETITION NO.3944/2002. Jitendra Kumar Sharma and others Vs. State and others Date of order : November 24, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Sharma for the applicant-petitioners. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT :- Consequent upon dismissal of the writ petition, this stay application is rejected. (MOHAMMAD RAFIQ), J. anil