SUMITRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is aggrieved against the action of the impugned order dated 18. 5. 2000 (Annex. 4), rejecting her candidature for the training course to Auxiliary Nurse Midwife (ANM) on the ground that at the time of counseling, she had a child of less than 3 years of age and submits that any such condition imposed by the respondents in regard to age of child is arbitrary and hit by Article 14 & 16 of the Constitution of India.

(2.) VIDE notification dated 4. 9. 99 the applications were invited for selection on the post of ANM; The petitioner was fulfilling the qualification, however in the notification, a clause has been inserted that the candidates should have no child of the age of less than 3 years and they are not eligible for making application. The counseling was held on 5. 9. 2000 at Jhotwara. It was found at the time of counseling that the petitioner had a infant child of less than 3 years of age. Even though, the petitioner tried to convince the members that she had a child of more than 3 years of age. It is submitted that the petitioner was in dire necessity of the job and may be for that reasons she might have told wrong facts at the time of counseling about the age of child, but the fact remains that the candidature of the petitioner had been rejected only on the ground that she had a child of the age of less than 3 years.

(3.) DESPITE service, no one has appeared on behalf of respondents, nor any appearance has been made even today, with the result I have no option to accept the pleadings of petitioner. At the time of admission of writ petition one vacancy of the post of ANM had been kept reserved for the petitioner.