[2025:RJ-JP:15396] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15350/2024 Nilam D/o Khushi Ram, Aged About 36 Years, R/o Village Nagala Pohapi, Sikandarpur, Mainpuri, Uttar Pradesh. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur. 2. The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) 3. The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur ----Respondents Connected With S.B. Civil Writ Petition No. 15202/2024 1. Manju Kumari D/o Shri Hosiyar Singh W/o Late Shri Kamlesh, Aged About 29 Years, Resident Of Kalyanpura, Beedasar, Tehsil, Laxmangarh, District Sikar, Rajasthan. 2. Savita D/o Shri Gavar Das, Aged About 27 Years, Resident Of Village Gudahema, Tehsil Chitalwana, District Jalor, Rajasthan. 3. Bharti Mahawar D/o Shri Prahlad, Aged About 26 Years, Resident Of Village Kolana, Post Kolana, Baswa, Bandikui, District Dausa, Rajasthan ----Petitioners Versus 1. State Of Rajasthan, Through Principle Secretary, Department Of Medical And Health Service, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. The Additional Director (Administration), Medical And Health Service, Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur, Rajasthan. 3. The Director, State Institute Of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jhalana, Jaipur, Rajasthan. ----Respondents [2025:RJ-JP:15396] (2 of 4) [CW-15350/2024] S.B. Civil Writ Petition No. 15219/2024 Sona Chhapunia D/o Devkaran Meghwal, Aged About 28 Years, R/o Vpo Molisar Bara, Tehsil Churu, District Churu, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur. 2. The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) 3. The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Abhishek Pareek Mr. Sher Singh Mahla For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Anjili Sharma, Mr. Rahul Verma & Mr. Prakhar Jain HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/04/2025 1. Learned counsel for the respondent-State while placing reliance upon the S.B. Civil Writ Petition No.900/2025 titled as Manjit Yadav Vs. State of Rajasthan & Ors., and S.B. Civil Writ Petition No. 5343/2024 titled as Sakshi Apurva Vs. State of Rajasthan & Anr., has submitted that registration with the RNC is taken by the petitioners after the cut-off date of submission of application form, and due to the said reason candidature of the petitioners is rejected. The relevant portion of the Sakshi Apurva (supra) is reiterated herein below:- [2025:RJ-JP:15396] (3 of 4) [CW-15350/2024] “8. At this juncture, learned counsel for the respondents placed reliance upon the dictum of the Hon’ble Apex Court enunciated in (2007) 4 SCC 54 titled Ashok Kumar Sonkar versus UOI & Ors. and submitted that it is a settled position of the law that the cut-off date should be taken as the last date of filing of the application form. In the instant matter, 30.11.2022 was the relevant cut-off date for consideration of eligibility conditions. 9. Heard and considered the arguments advanced by learned counsel for the parties, scanned the records of the case and considered the judgments cited at Bar. 10. In the facts and circumstances of the case, following material observations are worth consideration: 10.1 The subject advertisement was issued on 21.10.2022 whereby the rules of the game and the terms and conditions qua appointment, as on the said date, were adequately defined and made very clear by the respondents. 10.2 That the manner in which the terms and conditions are formulated and the basic eligibility which is provided qua selection in connection therewith, falls purely within the domain of the employer. The discretion to lay down the rules of recruitment is an exercise carried on by the employer independently, of its own will and volition. 10.3 That as per the dictum of the Hon’ble Apex Court as enunciated in Ashok Kumar Sonkar (Supra), the cut-off date should be taken as the last date of filing of the application form. Therefore, in the facts of the present case, the same would be 30.11.2022. 10.4 That the arguments advanced by the learned counsel for the petitioner regarding the dilution of the educational qualifications vide notification dated 16.01.2023 cannot be countenanced as the effect of the said notification was prospective in nature. Therefore, the educational qualifications defined in the advertisement dated 21.10.2022 are to be considered accordingly. 10.5 That in the said notification dated 16.01.2023, it has been categorically mentioned that the same shall come into force as from the date of [2025:RJ-JP:15396] (4 of 4) [CW-15350/2024] publication in the official gazette. Therefore, the same cannot be implemented retrospectively. Thus, as on 30.11.2022, the erstwhile educational qualifications were applicable. 11. Therefore, upon a cumulative consideration of the foregoing observations, this Court deems it appropriate to dismiss the instant petition. 12. Accordingly, the instant petition is dismissed. Pending applications, if any, stand disposed of.” (Emphasis laid) 2. Learned counsel for the petitioners is unable to refute the said contentions of the learned counsel for the respondents. 3. Heard and considered. 4. Considering the arguments advanced by the learned counsel for the parties, upon perusal of the records and taking note of the judgment cited at the Bar, this Court has noted that last date for submission of application form i.e. 19.05.2023 was extended till 18.06.2023, and the petitioner’s registration with Rajasthan Nursing Council was post cut off date. 5. In light of the above, relying upon the ratio as enunciated in Manjit Yadav (supra) and Sakshi Apurva (supra), the present petitions are dismissed. 6. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/s-629-631