Rajasthan High Court

CW/1908/2026 of LATA KUMAWAT D/O GOPAL LAL Vs STATE OF RAJASTHAN on 17 July 2026

Cites 1, Cited by 0

JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3067/2026 URN: CW / 6730U / 2026 1. Mukesh Kumar S/o Rameshwar Lal, Aged About 30 Years, R/o Vpo Patroda Teh. Anupgarh Distt. Sri Ganganagar (Raj.) 335711. 2. Devesh Tyagi S/o Ramakant Tyagi, Aged About 26 Years, R/o Odi

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3067/2026

URN: CW / 6730U / 2026

1.

Mukesh Kumar S/o Rameshwar Lal, Aged About 30 Years, R/o Vpo Patroda Teh. Anupgarh Distt. Sri Ganganagar (Raj.) 335711.

2.

Devesh Tyagi S/o Ramakant Tyagi, Aged About 26 Years, R/o Odi Distt. Dholpur (Raj.) 328001.

3.

Anita Verma D/o Ganesh Verma, Aged About 26 Years, R/o Vill. Balaghar Post Gurai Teh. Dooni Distt. Tonk (Raj.)

304802.

4.

Ritesh Suman D/o Mukesh Kumar Suman, Aged About 22

Years, R/o Postman Kailash Joshi Ke Piche Rangbari Distt.

Kota (Raj.) 324005.

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)302005

2.

Director, National Health Mission, Swasthya Bhawan, Ashok Nagar, Near Secretariat, Jaipur, Raj, 302005.

3.

Rajasthan Staff Selection Board, Through Secretary, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018

4.

Rajasthan Nursing Council, Through Its Registrar, B-39

Sardar Patel Marg, C Scheme Jaipur- 302001

----Respondents

Connected With

S.B. Civil Writ Petition No. 1908/2026

URN: CW / 4112U / 2026

1.

Lata Kumawat D/o Gopal Lal, Aged About 35 Years, R/o Village Gomana Post Gomana Chhoti Sadri Distt.

Pratapgarh (Raj.) 312604.

2.

Tanuj Patidar S/o Rakesh Chandra Patidar, Aged About 25

Years, R/o Vpo Jhalap Teh. Simalwara Distt. Dungarpur (Raj.) 314403.

3.

Dharmendra Kumar Agrawal S/o Radhe Shyam Agrawal,

(2 of 5)

[CW-3067/2026]

Aged About 29 Years, R/o Opp. Sdm Court Bajrang Misthan Bhandar Sapotra Distt. Karauli (Raj.) 322218.

4.

Dinesh Kumar Patider S/o Kachrulal, Aged About 35

Years, R/o Mukam And Post- Hathore, Bicchiwar, Distt.

Dungarpur (Raj.) 341804.

5.

Sachin Mehta S/o Ramji Lal, Aged About 25 Years, R/o Village Semli Phatak Post Semli Phatak Distt. Baran (Raj.)

325217.

6.

Asha Gurjar D/o Bagdi Ram Gujar, Aged About 30 Years, R/o Barawarda Post Barawarda Distt. Pratapgarh (Raj.)

312616.

7.

Krishna D/o Kanhaiyalal, Aged About 31 Years, R/o Vpo- Pillu Teh. And Distt. Pratapgarh (Raj.) 312623.

8.

Devkanya Meena D/o Radheshyam Meena, Aged About 31

Years, R/o Village Ponmodi Post Ponmodi Distt.

Pratapgarh (Raj.) 312623.

9.

Bhimraj Malva S/o Birjbihari Malva, Aged About 29 Years, R/o Village Guwar Post Gadarda Distt. Bundi (Raj.)

323022.

10.

Jitendar Nagar S/o Ram Charat, Aged About 29 Years, R/o In Front Of Nigam Office Gadiya Colony Jhalawar Road Tel Fectory Baran Distt. Baran (Raj.) 325205.

11.

Reena D/o Ram Narayan, Aged About 25 Years, R/o Vill.

Chawandiya Post Mathaniya Teh. Raipur Distt. Jhalawar (Raj.) 326036.

12.

Pankaj Kumar Nagar S/o Radheshyam Nagar, Aged About 27 Years, R/o Khatoli Road Itawa Distt. Kota (Raj)

325004.

13.

Prashant Dave S/o Dinesh Chand Dave, Aged About 29

Years, R/o Mutho Ka Bass, Near Anand Bhawan, Pipar City, Jodhpur, Rajasthan, 342601.

14.

Vajid Khan S/o Jakir Khan, Aged About 25 Years, R/o Shekhpur Bhojpur Village Mandrail Distt. Karauli (Raj.)

322251.

15.

Prachi Vyas D/o Manoj Kumar Vyas, Aged About 26 Years, R/o Veer Mohalla Ward No. 05 Prabatsar Distt. Didwana- Kuchaman (Raj.) 341512.

16.

Poor Singh S/o Ratan Singh, Aged About 32 Years, R/o

(3 of 5)

[CW-3067/2026]

Village Beelkheri Teh. Gangdhar Distt. Jhalawar (Raj.)

326515.

17.

Milan Mehra S/o Kanhaiya Lal Mehra, Aged About 30

Years, R/o H.n. 12 Block B Gayatri Resdency Raipura Distt. Kota (Raj.) 324004

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)302005

2.

Rajasthan Staff Selection Board, Through Secretary, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018

3.

Rajasthan Nursing Council, Through Its Registrar, B-39

Sardar Patel Marg, C Scheme Jaipur- 302001

4.

Director National Health Mission, Swasthya Bhavan, Tilak Marg Jaipur Rajasthan

----Respondents

For Petitioner(s)

:

Mr. Chaitanya Singh

For Respondent(s)

:

Mr. Archit Bohra, AGC

HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

17/07/2026

1. These writ petitions have been filed by the petitioners seeking a direction to the respondents to treat the petitioners eligible for the post of contractual Community Health Officer (CHO) for the recruitment and appointment pursuant to the advertisement dated 28.01.2025.

2. Heard and considered.

3. Learned counsel for the petitioners submits that the petitioners possess the requisite qualifications and are registered with the Rajasthan Nursing Council.

(4 of 5) [CW-3067/2026]

4. Learned counsel for the respondents submits that the recruitment process pursuant to the advertisement dated 28.01.2025 has already been concluded. The respondents issued the advertisement dated 28.01.2025 inviting applications for recruitment to the post of contractual Community Health Officer under the provisions of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (hereinafter to be referred as “the Rules of 2022").

5. As per the provisions of Rule 7 of the Rules of 2022, the academic qualification, experience, duties, responsibilities of the post created under these rules shall be decided by the Administrative Department with the concurrence of the Department of Personnel and Finance Department.

6. Having decided the educational qualifications by the respondents, the required qualifications as decided has been mentioned in the advertisement, which the candidate is supposed to possess for recruitment to the said post.

7. As per the terms and conditions of the advertisement, the petitioners are supposed to possess the required qualifications of B.Sc in Community Health or GNM or BAMS degree from a recognized university and also possess a valid registration certificate from the Rajasthan Nursing Council or the Board of Indian Medicine Rajasthan.

8. As per the advertisement the last date of submitting the application form was 01.05.2025, meaning thereby a candidate must possess the requisite qualification as on 01.05.2025 and must also be registered with the Rajasthan Nursing Council or the Board of Indian Medicine Rajasthan up till 01.05.2025.

(5 of 5) [CW-3067/2026]

9. As per the facts available on record and the registration certificate submitted by the petitioners, they have been registered with the Rajasthan Nursing Council after the last date of submitting the application from i.e. 01.05.2025. There is no dispute that the petitioners were registered with the Rajasthan Nursing Council only after the last date of submitting the application form i.e. 01.05.2025.

10. It has been settled by the Hon’ble Apex Court in case of Rajasthan Public Service Commission Vs Kaila Kumar Paliwal and Anr. (AIR 2007 SC 1746) that a candidate must possess the requisite qualifications or other requirements as on the last date of the submitting the application form, if otherwise not provided in the rules or the advertisement.

11. Since, in the present case the petitioners are required to be registered with the Rajasthan Nursing Council as on the last date of the submitting the application form, however, undisputedly the petitioners were not registered with the Rajasthan Nursing Council on the last date of submitting the application form. Hence, the petitioners cannot be treated as eligible to the post of contractual Community Health Officer (CHO) pursuant to advertisement dated 28.01.2025.

12. Accordingly, both the writ petitions are dismissed being devoid of merits.

13. Stay application as well as pending application, if any, also stand disposed of. (GANESH RAM MEENA),J 14-15 /Ravindra

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