[2025:RJ-JP:16561] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11062/2016 Monika D/o Shri Vijay Kumar Dutta W/o Shri Satish Sharma, C- 230, Budh Vihar, Alwar, Rajasthan. ----Petitioner Versus 1. State of Rajasthan through Principal Secretary, Medical and Health Services, Govt. of Rajasthan, Secretariat, Jaipur. 2. Additional Director (Admin.) Medical and Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur. 3. Deputy Director (Nursing) Medical And Health Services, Govt. of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur. 4. The Chief Medical & Health Officer (CMHO), Alwar, Rajasthan. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 21/04/2025 1. No one has put in appearance on behalf of the petitioner. 2. I have examined the record of the writ petition. The petitioner has come out with a case that she being eligible for holding the post of ANM, submitted an application form pursuant to advertisement dated 26.02.2013. After undergoing process, she has been selected, however, vide letter dated 01.07.2016, she was informed that in view of condition No.13 of order dated 05.01.2016 issued by the Director, Medical & Health Services, Government of Rajasthan, Jaipur and circular dated 22.05.2006 [2025:RJ-JP:16561] (2 of 3) [CW-11062/2016] issued by the State Government, the candidate is required to submit marriage registration certificate and only, thereafter, she can be allowed joining pursuant to appointment on the post of Women Health Worker. 3. Petitioner has stated in a writ petition that on account of on going disputes with her husband, marriage could not be registered and therefore, she was unable to submit the marriage registration certificate. 4. The question arises before this Court is that whether the condition of submitting marriage registration certificate is mandatory, directory or desirable? Such question is no longer res integra and has been considered and decided by this Court earlier in the case of Anjani Bhardwaj Vs. State of Rajasthan & Anr. in S.B. Civil Writ Petition No.1619/2022 decided on 10.02.2022, at principal seat, Jodhpur in which, on account of similar condition, the candidate was not considered and this Court after examining the relevant circular as well as provisions of the Rajasthan Compulsory Registration of Marriages Act, 2009 has given a categorical observation that the condition for submitting marriage registration certificate is desirable and that cannot be considered to be compulsory. Hence, in absence of marriage registration certificate, candidature of the candidate cannot be rejected 5. Learned counsel for the respondents has stated at Bar that as per the instructions, the candidature of the petitioner has not yet been rejected. 6. In the light of above, the respondents are directed to consider the case of the petitioner in view of aforesaid judgment of Anjani Bhardwaj (supra) and in case, she is otherwise [2025:RJ-JP:16561] (3 of 3) [CW-11062/2016] eligible, without forcing her to produce marriage registration certificate, she shall be appointed and allowed to join her duties on the post of ANM along with all consequential benefits. 7. Compliance of this order may be made within a period of three months from the date of receipt of this order. 8. Accordingly, the writ petition is allowed. 9. Stay application and all pending applications, if any, also stand disposed of. (ANAND SHARMA),J DAKSH/208