1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.695/2002 (Chhotu Ram Vs. State of Raj. & Ors.) Date of order : 7.8.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.P. Choudhary, for the petitioner. Mrs. R.R. Kanwar, Dy. Govt. Counsel. Heard learned counsel for the parties. In this case, the prayer of the petitioner is that the respondents may be directed to calculate his total marks obtained in three years diploma course in nursing and thereafter prepare the merit for the purpose of providing appointment on the post of Nurse Grade-II. The case of the petitioner is that after acquiring qualification of Senior Secondary and three years diploma in Nursing, he applied for recruitment on the post of Nurse Grade-II in pursuance of the advertisement issued on 11.10.2001. However, the 2 respondents have illegally prepared the merit on the basis of the marks obtained in Senior Secondary as well as the marks obtained in third year of diploma course only in nursing whereas as per the advertisement the merit of the petitioner was required to be assessed on the basis of the marks obtained in senior secondary as well as total marks obtained in nursing course as per rules because under the rules, basic qualification for the post of Nurse Grade-II is senior Secondary and diploma in Nursing, therefore, he was entitled to be considered for appointment on the post of Nurse Grade-II on the basis of marks obtained in whole Nursing Diploma Course but due to wrong application of criteria for preparing merit, the candidature of the petitioner has been rejected. Therefore, it is prayed that directions may be issued to the respondents for calculating the total marks obtained by the petitioner in all the years of Nursing Diploma Course and thereafter merit may be prepared and after calculating marks of diploma course, if petitioner comes within merit then he may be provided appointment. After issuance of notice, reply has been filed by the respondents and in para-5 of the reply, it is specifically stated by the respondents that merit list was prepared for appointment on the basis of marks obtained by the petitioner in the third year of diploma course and marks obtained in senior 3 secondary were taken into account for the purpose of preparing merit list. Meaning thereby, it is not disputed by the respondents that at the time of preparation of the merit, the petitioner's candidature was considered on the basis of qualification of senior secondary and the marks obtained in third year of Nursing Diploma Course. In my opinion, this action of the respondents is contrary to the rules. At the time of preparation of merit list for providing appointment on the post of Nurse Grade-II, marks obtained by the petitioner in whole of the Nursing diploma course were to be taken into account which is not done, therefore, obviously, the petitioner is entitled for directions to the respondents for considering his candidature on the basis of the marks obtained in all the three years of Nursing Diploma Course, so also on the marks obtained in senior secondary. Accordingly, the writ petition is allowed, the respondents are directed to re-assess the merit of the petitioner while taking into account the marks obtained in senior secondary as well as marks obtained in all the years of Nursing Diploma Course. This exercise may be completed within a period of two months from today and if petitioner comes within merit and if any person less meritorious than the petitioner has been provided appointment in pursuance of 4 advertisement Annexure-8, then, the petitioner may also to be provided appointment with all consequential benefits. (GOPAL KRISHAN VYAS), J. arun