BHAGVAN SAHAY SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this writ petition assails the conditions of advertisement dated 31st August, 2020 wherein it is provided that a candidate must be registered with the Rajasthan Nursing Council for participation in the selection process for the post of Community Health Officer.

(2.) Learned counsel submits that petitioner was earlier registered with the Rajasthan Nursing Council whereafter he sought employment in State of U.P. and for the said purpose, he got himself registered with the U.P. Nursing Council. Learned counsel submits that once he is duly registered with any Nursing Council in any of the States, he should be treated as eligible for participation for the post of Community Health Officer and requirement of his registration with Rajasthan has no nexus. Learned counsel further submits that a situation may arise where petitioner may not be selected but if he gets his registration transferred to Rajasthan Nursing Council, he would lose his job in the State of U.P.

(3.) Learned counsel submits that such a condition is also unjustified in view of letter issued by the Rajasthan Nursing Council in terms of Regulation 46 of the Rajasthan Nursing Council Regulations, 1964 which provides that a candidate after appointment may be able to get himself registered within three months of his appointment and therefore, has asked the State Government to allow candidates who are duly registered with other States for participation.