[2025:RJ-JP:28380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 147/2025 Lalit Kumar Son of Shri Manmohan Gautam, Aged About 47 Years, Resident Of C-108, Talvandi, Kota, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary To The Government, Department of Medical And Health Services, Government of Rajasthan, Government Secretariat Jaipur 2. Director, Medical And Health Services, Rajasthan, Jaipur. 3. State Institute of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jaipur, Through Its Director. ----Respondents For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/07/2025 1. Petitioner has filed instant civil writ petition under Article 226 of the Constitution of India, feeling aggrieved by rejection of her candidature by the respondents in the meeting dated 15.11.2024 (Annx.6), to consider for appointment on the post of Nursing Officer under EWS category, pursuant to Advertisement dated 05.05.2023. 2. A bare perusal of the Minutes of the meeting dated 15.11.2024(Annx.6) in respect of petitioner, it appears that the candidature of petitioner was rejected solely on the ground that the education of senior secondary, acquired by the petitioner from the National Open School, New Delhi, is not recognized by the Board of Secondary Education, Rajasthan, Ajmer. [2025:RJ-JP:28380] (2 of 4) [CW-147/2025] 3. Undisputedly, petitioner scored 74.750 marks and last cut off under EWS category is 71.838 marks as per the final merit list dated 06.12.2014. Thus, petitioner falls in merit to consider his candidature for appointment. 4. In respect of issue of recognition/ non-recognition of education of Senior Secondary from National Open School, New Delhi, by the Board of Secondary Education, Rajasthan, Ajmer, counsel for petitioner has placed on record an Instructor-2020, issued by the Board of Secondary Education, Rajasthan, Ajmer. As per this Instructor-2020, it is explicit that the National Open School, New Delhi, is recognized by the Board of Secondary Education. Further course of Senior Secondary has also been decided as equivalent to Senior Secondary of Board of Secondary Education, Ajmer. The relevant portion of Instructor-2020 is being reproduced hereunder: ubZ ;kstuk ds vUrxZr vksiu Ldwy i)fr vFkok i=kpkj i)fr ds rgr lapkfyr jk’Vªh; eqä fo|ky;h f”k{kk laLFkku] ¼jk’Vªh; eqä fo|ky;½ ubZ fnYyh] ek/;fed f”k{kk e.My] e/;izns”k] Hkksiky gfj;k.kk vksiu Ldwy cksMZ vkWQ ,T;wds”ku gfj;k.kk] e/;izns”k jkT; vksiu Ldwy] Hkksiky ,oa jktLFkku LVsV vksiu Ldwy t;iqj ds vfrfjDr vU; fdlh Hkh cksMZ }kjk lapkfyr vksiu Ldwy dks bl cksMZ }kjk ekU;rk ugha nh xbZ gSA jk’Vªh; eqä fo|ky;h f”k{kk laLFkku& uks,Mk ¼jk’Vªh; eqä fo|ky;h f”k{kk laLFkku] ubZ fnYyh½ 1- lSd.Mjh Ldwy ijh{kk ek/;fed ijh{kk 2- lhfu;j lSd.Mjh Ldwy ijh{kk mPp ek/;fed ijh{kk ¼1989 dh ijh{kk ls ekU;½ 5. Instructor-2020, enclosed by petitioner as Annx.7 with the writ petition, and the relevant portion reproduced hereinabove has not been disputed by the counsel for respondents, however, his submission is that there is a difference in the date of marksheet and the degree of senior secondary of petitioner issued by the National Open School, New Delhi. [2025:RJ-JP:28380] (3 of 4) [CW-147/2025] 6. Having perused the Minutes dated 15.11.2024 (Annx.6), this Court finds that the rejection by respondents is basically on the ground that qualification of Senior Secondary, acquired by petitioner from the National Open School, New Delhi, is not equivalent to or recognized by the Board of Secondary Education. Such findings prima facie appears to be perverse, in the light of Instructor-2020 reproduced hereinabove. As per Instructor-2020, apart from recognition, the qualification of Senior Secondary, acquired by the aspirant from the National Open School, New Delhi, has been declared as equivalent to the qualification of Senior Secondary of Board of Secondary Education. As far as mis- match of date of issuance of marksheet and degree is concerned, it appears that the petitioner passed Senior Secondary from National Open School, New Delhi in the year 1997, of which degree has been issued subsequently in the year 2024, which obviously relate back to the Session of 1997. 7. This Court finally reaches to the conclusion that the rejection of candidature of petitioner for the reasons mentioned in the Minutes dated 15.11.2024 (Annx.6) is arbitrary and perverse and cannot be sustained. Petitioner is a higher meritorious candidate than the last cut off under the EWS category and possess the requisite qualification of Senior Secondary, GNM Course as much as Registration with Rajasthan Nursing Council as required under the Rajasthan Medical and Health Subordinate Service Rules, 1965. 8. This Court further finds that equity lies in the favour of petitioner because post of Nursing Officer, under the EWS [2025:RJ-JP:28380] (4 of 4) [CW-147/2025] Category, as has been ordered to be kept vacant by the Coordinate Bench vide interim order dated 08.01.2025. 9. Accordingly, the writ petition succeeds. The rejection of candidature of petitioner vide Minutes dated 15.11.2024 (Annx.6) is hereby quashed and respondents are directed to consider the candidature of petitioner within a period of four weeks for appointment on the post of Nursing Officer under EWS Category against the post laying vacant and if he is found suitable, to accord him appointment forthwith. 10. It is made clear that actual benefits shall be payable from the date of joining, however, notional benefits shall be payable to the petitioner at par with the other candidates who have been selected in the merit list dated 06.12.2024. 11. No costs. 12. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/272-S