[2025:RJ-JP:16596] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 772/2017 Sudha Sharma D/o Rameshwar Sharma W/o Arvind Kumar Sharma, Village Badakhera, Via Lakheri, Tehsil Indragarh, District Bundi ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Medical And Health, Rajasthan Secretariat, Jaipur 2. Director, Medical And Health Services, Rajasthan, Jaipur 3. Additional Director Admn. Medical, And Health Services, Rajasthan, Jaipur 4. Chief Medical And Health Officer, Kota ----Respondents For Petitioner(s) : Mr. R.S. Bhardwaj For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 21/04/2025 1. In the instant writ petition, the petitioner has stated that initially she submitted her application form pursuant to advertisement dated 26.02.2013, for the post of Nurse Grade-II indicating that she applied in Women (Divorcee Category). She participated in the selection process and secured 73.003 marks, which is admittedly much more than the cut off marks of general category, which was 65.146 and the cut-off marks for divorcee category was 41.523. It was further stated by counsel for the petitioner that prior to result of selection, she got remarried on 26.07.2015 and only on account of remarriage, now the respondents are not allowing her to join treating to be disentitled [2025:RJ-JP:16596] (2 of 3) [CW-772/2017] in Divorcee category irrespective of fact that she is entitled for being considered and appointed as General category candidate on account of securing more marks than the cut off marks declared for General category. Although appointment order dated 10.02.2016 was issued yet posting order was not issued pursuant to the appointment order. 2. Vide order dated 06.02.2017, this Court issued interim directions directing the respondents to allow the petitioner to discharge her duties pursuant to the above appointment order and to continue on the post of Nurse Grade-II until further orders. Learned counsel for the petitioner states that pursuant to the aforesaid interim order, the petitioner is still continuing. 3. Learned counsel for the respondents has opposed the writ petition stating that the petitioner cannot be allowed to change her category. Initially she submitted application form in divorcee category and admittedly now, after remarriage, she does not any longer remains a divorcee. Hence, under these facts and circumstances, she could not be considered for appointment on the post of Nurse Grade-II in General category. 4. This Court perused the record of the writ petition and heard counsel for the parties. 5. This is an admitted position that although the petitioner submitted her application form in divorcee category, however she has secured 73.003 marks, which is much more than the cut off marks declared for general category. The respondents have not placed any justification on record to deny the benefits of consideration to the petitioner in general category candidates. [2025:RJ-JP:16596] (3 of 3) [CW-772/2017] 6. It is a settled position of law that even if a candidate belonging to any reserve class secures more marks than the general category candidate then he/she would be considered for appointment against vacancy of general category. The same criteria also applies in cases of horizontal reservation. 7. In view of the above, the writ petition stands allowed and the respondents are directed to grant all consequential benefits to the petitioner pursuant to appointment order dated 10.02.2016, treating her entitled to be appointed against vacancy of general category candidate. (ANAND SHARMA),J NEERU/213