[2026:RJ-JP:9948-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No. 1422/2025 Project Director, National Health Mission, Medical And Family Welfare Directorate, NHM, Swasthya Bhawan, Jaipur. ----Appellant/respondent Versus 1. Yamini Rathore D/o Shri Nand Kishor Rathore, Aged About 27 Years, Resident of Main Road, Darwaje Ke Pass, Ward No. 8, Pachpahar, Jhalawar, Rajasthan. ----Non-Appellant/Petitioner 2. Rajasthan State Selection Board, Durgapura, Jaipur, Through Its Secretary. 3. The Rajasthan Nursing Council, Through Its Registrar, B- 29, Sardar Patel Marg, C-Scheme, Jaipur. ----Performa Respondents For Appellant(s) : Mr. Vigyan Shah,AAG with Mr. Priyam Agarwal For Respondent(s) : Mr. Pradeep Singh HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment 09/03/2026 1. The challenge in this appeal is to the order passed by the learned Single Judge dated 15.07.2025 whereby, he has allowed the writ petition filed by the respondent and directed as under: “28. As a result, the writ petition succeeds, since petitioner is a higher meritorious candidate, than the last selected candidate, under the Category of OBC-NCL for the post of Community Health Officer in the present Recruitment- 2022, hence, it is directed that respondents shall consider the candidature of petitioner on merits and, if found suitable, shall offer her appointment on the post of Community Health [2026:RJ-JP:9948-DB] (2 of 4) [SAW-1422/2025] Officer pursuant to Advertisement dated 01.11.2022, within a period of four weeks.” 2. Learned Additional Advocate General submits that the learned Single Judge has erred in allowing the petition, as the conditions of the advertisement could not have been treated as otiose and redundant, as observed by the learned Single Judge. He submits that as per the advertisement, while candidates were permitted to get their certificate of registration with the Rajasthan Nursing Council verified on the date of verification and they could have gotten this registered even after the last date of application form, the essential qualification was that candidates who were not registered with the Rajasthan Nursing Council would have to show proof of having applied for registration on or before the last date of submission of the application form. Otherwise, essentially the advertisement mentioned that all the candidates should be registered with the Rajasthan Nursing Council. He submits that the learned Single Judge has treated the said paragraph of the essential requirement under Condition No.1 of the advertisement as being self-contradictory and, therefore, first paragraph as otiose. He further submits that there was no occasion to entertain the application of the petitioner, who had not applied for registration with the Rajasthan Nursing Council on or before the last date of submission of the application form. 3. Per contra, learned counsel appearing for the respondent submits that the respondent had earlier applied and her form had been rejected for registration with the Rajasthan Nursing Council, she did possess the registration certificate of the Rajasthan [2026:RJ-JP:9948-DB] (3 of 4) [SAW-1422/2025] Nursing Council at the time of verification and therefore, there was no occasion to deprive her candidature for appointment. 4. We have considered the submissions. 5. The advertisement was issued on 01.11.2022 for the post of Community Health Officer on a contractual basis. The necessary essential qualification was that a candidate must possess the educational qualification of GNM and should be registered with the Rajasthan Nursing Council. However, even those candidates, who had applied for registration were treated to be eligible for participation. The application for registration was required to be submitted on or before the last date of submission of application form and the last date was 07.12.2022. 6. Considering the facts of the case, we find that the respondent had applied for appointment, although she possesses the qualification of GNM, she was not registered with the Rajasthan Nursing Council. We also notice that until the last date of submission of application form, she had not applied for registration with the Rajasthan Nursing Council. In fact the application for registration was moved on 29.02.2024 and she was registered on 14.06.2024 thus, two essential qualification as mentioned in the advertisement cannot be said to have been fulfilled. If, one of the qualification is fulfilled then a person cannot be held to be eligible. The view taken by the learned Single Judge therefore cannot be accepted as it would change the terms and conditions of the advertisement and we, therefore, set aside the judgment passed by the learned Single Judge dated 15.07.2025 and find no merits in the writ petition filed by the respondent. [2026:RJ-JP:9948-DB] (4 of 4) [SAW-1422/2025] 7. The present special appeal (writ) is accordingly allowed. (SHUBHA MEHTA),J (SANJEEV PRAKASH SHARMA),ACTING CJ Simple Kumawat /33