STATE OF RAJASTHAN Vs. LATA ARUN
LAWS(SC)-2002-7-21
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on July 17,2002

STATE OF RAJASTHAN Appellant
VERSUS
LATA ARUN Respondents





Cited Judgements :-

JAGJIT SINGH VS. STATE OF PUNJAB AND ORS [LAWS(P&H)-2008-12-219] [REFERRED]
VIVEK VIJAYVARGIYA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-3-297] [REFERRED TO]
UNION OF INDIA VS. DIRECTOR GENERAL, BORDER SECURITY FORCE; COMMANDANT 113 BN, BORDER SECURITY FORCE; YASODHAR KAMAT, S/O LATE SORI LAL KAMAT [LAWS(PAT)-2016-8-78] [REFERRED]
SASMITA MOHANTY AND ANR. VS. ORISSA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY AND ORS. [LAWS(ORI)-2009-10-74] [REFERRED TO]
NCT OF DELHI VS. S P KHANNA [LAWS(DLH)-2005-11-50] [REFERRED TO]
RAJ KUMAR VS. GOVERNMENT OF NCT OF DELHI [LAWS(DLH)-2008-2-84] [REFERRED TO]
INDIAN AIRLINES LTD VS. UOI [LAWS(DLH)-2006-2-205] [RELIED ON]
NARESH PANWAR AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2014-4-72] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. ASHOKKUMAR JAMNADAS KOTAK [LAWS(GJH)-2007-7-50] [REFERRED TO]
JITENDRA NATH RAI VS. STATE OF UP [LAWS(ALL)-2010-8-159] [REFERRED TO]
SURYA BHAN YADAV VS. STATE OF U P [LAWS(ALL)-2014-4-402] [REFERRED TO]
AKHILESH KUMAR VS. CHANCELLOR LUCKNOW UNIVERSITY [LAWS(ALL)-2014-10-68] [REFERRED TO]
SNEHA SINGH VS. INSTITUTE OF BANKING PERSONNEL SELECTION THRU DIRE [LAWS(ALL)-2018-4-347] [REFERRED TO]
INDU DEVI VS. ZILA SAMAJ KALYAN ADHIKARI KUSHINAGAR AND ANOTHER [LAWS(ALL)-2018-5-731] [REFERRED TO]
DR. ASHOK NIGAM VS. LUCKNOW NAGAR NIGAM [LAWS(ALL)-2017-7-212] [REFERRED TO]
SAMRAT INT BHATTA AND ORS. VS. ASSISTANT COMMISSIONER, COMMERCIAL TAX AND ORS. [LAWS(ALL)-2015-9-106] [REFERRED TO]
PRAVIN S/O UDDHAVRAO GHATGE VS. VASANTRAO NAIK MARATHWADA KRISHI VIDYAPEETH [LAWS(BOM)-2015-6-17] [REFERRED TO]
JOINT SECRETARY (TRG) & CHIEF ADMINISTRATIVE OFFICER MINISTRY OF DEFENCE VS. N. SRIKUMAR [LAWS(DLH)-2012-1-145] [REFERRED TO]
INESH DASARYA GAVIT VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-4-149] [REFERRED TO]
PALLAVI D/O. SADASHIV BANDE VS. GOVERNMENT OF INDIA [LAWS(BOM)-2016-3-3] [REFERRED TO]
PUSHPAK JYOTI VS. STATE OF U P [LAWS(ALL)-2003-12-4] [REFERRED TO]
PUBLIC SECTOR EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF U P [LAWS(ALL)-2007-9-18] [REFERRED TO]
NETAJI ISHWAR AMBEGAVE VS. MAHARASHTRA STATE SECONDARY EDUCATION BOARD [LAWS(BOM)-2005-7-60] [REFERRED TO]
MAHENDRA PRATAP SINGH VS. STATE OF U P [LAWS(ALL)-2004-3-66] [REFERRED TO]
URMILA DEVI VS. STATE OF U P [LAWS(ALL)-2011-11-77] [REFERRED TO]
S RAMAKRISHNAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2007-8-229] [REFERRED TO]
KUNDAN KUMAR MISHRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-4-53] [REFERRED TO]
HIRA SINGH BHANDARI VS. DISTRICT INSPECTOR OF SCHOOLS [LAWS(UTN)-2007-9-12] [REFERRED TO]
M MANOHAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2011-2-299] [REFERRED TO]
DIRECTOR OF EDUCATION UNION TERRITORY OF LAKSHADWEEP,KAVARATI UNION OF INDIA VS. AKBAR ALI A , S/O K K KUNHIKOYA; NOUFAL K, RESIDING AT MUFAZ, UTL, KAVARATTI ; KUNHI C C, RESIDING AT CHERIYATHECHETTA, UTL, AMINI; KAMAL HUSSAIN K K, RESIDING AT KEELAKUNNIKKAM, UTL, AMINI; SHAMSUDEEN M K, RESIDING AT MAYAMKAKKADA, UTL, ANDROT; MEHRALI C [LAWS(KER)-2016-9-82] [REFERRED]
BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED VS. PAPPU KR PANKAJ [LAWS(PAT)-2021-5-18] [REFERRED TO]
NILESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2010-9-229] [REFERRED TO]
RITESH DUTTA AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2011-7-280] [REFERRED TO]
SOBHA RAM YADAV VS. SACHIV VIDYUT SEVA AYOG [LAWS(ALL)-2010-5-122] [REFERRED TO]
SURESH CHANDRA VS. STATE OF U P [LAWS(ALL)-2014-7-235] [REFERRED TO]
SHASHI KUMAR DWIVEDI AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-3-93] [REFERRED TO]
PREM KUMAR VERMA AND OTHERS VS. STATE OF U P THROUGH PRIN SECY , NAGAR VIKAS GOVT [LAWS(ALL)-2018-2-214] [REFERRED TO]
NEERAJ BABU VS. STATE OF U P [LAWS(ALL)-2018-2-222] [REFERRED TO]
SANGITA SHAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-6-217] [REFERRED TO]
LALIT KUMAR DIXIT VS. STATE OF U P [LAWS(ALL)-2003-12-5] [REFERRED TO]
MADHUSUDAN GUNVANTRAY PANDYA VS. SAURASHTRA UNIVERSITY [LAWS(GJH)-2022-6-336] [REFERRED TO]
RABIA VS. JAMIA MILLIA ISLAMIA UNIVERSITY [LAWS(DLH)-2008-3-99] [REFERRED TO]
DEVENDER BHASKAR VS. STATE OF HARYANA [LAWS(SC)-2021-11-62] [REFERRED TO]
KUNDAN LAL VS. STATE OF UTTARANCHAL AND ORS. [LAWS(UTN)-2006-12-33] [REFERRED TO]
PRASHANT KUMAR MANJUL VS. RANI DURGAWATI VISHWAVIDYALAYA [LAWS(MPH)-2013-8-157] [REFERRED TO]
S ROSELINE MARY VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-11-202] [REFERRED TO]
S SUNDARAVADIVEL VS. STATE OF TAMILNADU [LAWS(MAD)-2008-6-476] [REFERRED TO]
REKHA RAPARTIWAR (DARJI) VS. UNION OF INDIA & OTHERS [LAWS(MPH)-2019-1-53] [REFERRED TO]
STATE OF KERALA VS. MANAGER NIRMAL PUPLIC SCHOOL [LAWS(KER)-2008-4-34] [REFERRED TO]
RANJIT KUMAR BHUYAN VS. CHAIRMAN, DIRECTORATE OF TECHNICAL EDUCATION AND TRAINING [LAWS(ORI)-2012-10-52] [REFERRED TO]
MANOJ KUMAR VS. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH [LAWS(P&H)-2021-3-152] [REFERRED TO]
HARI SHARMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-5-41] [REFERRED TO]
SAMEER KUMAR SINGH SON OF LATE LALJI SINGH RESIDENT OF VILLAGE & POST KATGHARA, P.S. VS. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA [LAWS(PAT)-2016-11-43] [REFERRED TO]
DEBASIS SARKAR VS. ABDUL HAI [LAWS(CAL)-2003-8-17] [REFERRED TO]
SHAILENDRA KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2004-1-159] [REFERRED TO]
DHANESHWAR VS. RAMESH KUMAR SINGH ZILA BASIC SHIKSHA ADHIKARI GORAKHPUR [LAWS(ALL)-2003-8-167] [REFERRED TO]
ANAND KUMAR RAI VS. STATE OF U P THRU IT SECRETARY DEPTT OF PERSONNEL & ANOTHER [LAWS(ALL)-2012-2-491] [REFERRED TO]
AMIT TIWARI AND 7 OTHERS VS. STATE OF U P AND ANR [LAWS(ALL)-2015-2-362] [REFERRED TO]
SHAYAMDHAR VS. STATE OF U P & 4 OTHERS [LAWS(ALL)-2017-10-39] [REFERRED TO]
SUPRIYA A PEDNEKAR VS. DISTRICT AND SESSIONS JUDGE [LAWS(BOM)-2005-7-30] [REFERRED TO]
RESHAMLAL PRADHAN, S/O VSATRAM PRADHAN VS. STATE OF CHHATTISGARH AND ORS [LAWS(CHH)-2015-12-46] [REFERRED]
RESHAMLAL PRADHAN VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-8-8] [REFERRED TO]
M L HUSSAIN VS. N SINGH [LAWS(DLH)-2005-11-52] [REFERRED TO]
MAHENDRAKUMAR AMBALAL LIMBACHIYA VS. CHIEF GENERAL MANAGER TELECOM [LAWS(GJH)-2011-10-31] [REFERRED TO]
KAMDEO KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2022-3-77] [REFERRED TO]
JAIVEER SINGH VS. STATE OF UTTARAKHAND [LAWS(SC)-2023-11-48] [REFERRED TO]
RUTVJ WAZE AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-2-201] [REFERRED TO]
DILIP KUMAR GARG VS. STATE OF U P [LAWS(SC)-2009-3-31] [REFERRED TO]
PRAVIN KUMAR AND ORS. VS. STATE OF UTTARAKHAND AND ORS. [LAWS(UTN)-2020-10-66] [REFERRED TO]
HAJAROMMABI P. VS. THE DIRECTOR OF EDUCATION, [LAWS(KER)-2010-5-95] [REFERRED TO]
S RADHAKRISHNAN VS. GANDHIGRAM RURAL INSTITUTE DEEMED UNIVERSITY [LAWS(MAD)-2005-7-86] [REFERRED TO]
CASHMIR KUJUR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-11-75] [REFERRED TO]
VINITA UMESH SINGH VS. ADMINISTRATOR [LAWS(BOM)-2020-12-350] [REFERRED TO]
REGISTRAR UNIVERSITY OF MUMBAI VS. SANDEEP KUMAR KHATRI [LAWS(BOM)-2006-10-102] [REFERRED TO]
PRATYUSH ANAND MISHRA AND ORS VS. UNION OF INDIA AND ORS [LAWS(DLH)-2018-4-529] [REFERRED TO]
BHAGWAT VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-4-3] [REFERRED TO]
PRIYA VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2019-1-126] [REFERRED TO]
YOGENDRA SINGH RANA AND 15 OTHERS VS. STATE OF U P AND 5 OTHERS [LAWS(ALL)-2018-10-33] [REFERRED TO]
MANISH KUMAR VS. STATE OF UP [LAWS(ALL)-2010-9-130] [REFERRED TO]
ORIENTAL BANK OF COMMERCE VS. SUBASH CHAND AND ANR. [LAWS(DLH)-2013-4-399] [REFERRED TO]
MADHUMITA DAS VS. UNIVERSITY OF CALCUTTA [LAWS(CAL)-2004-3-56] [REFERRED TO]
SIDDALINGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-2-190] [REFERRED TO]
GIJO ITTOOP VS. KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES [LAWS(KER)-2018-6-279] [REFERRED TO]
BOARD OF ADULT EDUCATION AND TRAINING VS. BOARD OF INTERMEDIATE EDUCATION GOVT OF A P [LAWS(APH)-2003-4-79] [REFERRED TO]
S RASHMI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2006-10-2] [FOLLOWED ON]
S NAGENDER VS. GOVRNMENT OF A P [LAWS(APH)-2006-4-104] [REFERRED TO]
SHASHI KUMAR DWIVEDI VS. STATE OF U.P [LAWS(ALL)-2012-10-25] [REFERRED TO]
LAXMI TRANSPORT CO VS. CHIEF OPERATION MANAGER [LAWS(ALL)-2005-5-267] [REFERRED TO]
DEBJANI SARKAR (ROY) ORS. VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2009-2-127] [REFERRED TO]
NATIONAL FEDERATION OF THE BLIND VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2017-11-10] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2020-2-112] [REFERRED TO]
D KATHIRAVAN VS. MANONMANIAM SUNDARANAR UNIVERSITY [LAWS(MAD)-2011-10-303] [REFERRED]
ANIL KUMAR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2007-8-17] [REFERRED TO]
STATE OF BIHAR VS. MAMTA KUMARI D/O YOGENDRA SINGH & W/O BIBHAV KUMAR PABHAKAR : BABITA KUMARI W/O SUDHIR KUMAR CHOUDHARY : KRISHNA KUMARI W/O SHRI RAM JEEWAN RAM : RAM JEEWAN RAM S/O YOGENDRA RAM [LAWS(PAT)-2010-8-118] [REFERRED TO]
DR. VIMLESH VIVUTI RANJAN VS. THE STATE OF BIHAR [LAWS(PAT)-2016-5-111] [REFERRED TO]
DREAM LAND ESTATE, CHOZHIKODE P.O., KULATHUPUZHA VS. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM [LAWS(KER)-2016-12-115] [REFERRED TO]
M Sathiyapriya VS. Secretary to Government [LAWS(MAD)-2004-12-66] [REFERRED TO]
HITECH INSTITUTE OF I T VS. BERHAMPUR UNIVERSITY [LAWS(ORI)-2004-5-1] [FOLLOWED ON]
BHARATI RATHORE VS. UNION OF INDIA [LAWS(DLH)-2021-5-107] [REFERRED TO]
SHEKHAR KUPPUSWAMI VS. UNION OF INDIA & OTHERS [LAWS(MPH)-2019-1-74] [REFERRED TO]
G SELVAM VS. CHAIRMAN TEACHER RECRUITMENT BOARD [LAWS(MAD)-2010-8-207] [REFERRED TO]
MAGNA ELECTRO CASTING LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2005-8-202] [REFERRED TO]
RAJASTHAN AUTO CHALAK UNION INTACK VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-1-21] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2014-9-94] [REFERRED TO]
MO KAREEM VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(DLH)-2020-1-247] [REFERRED TO]
PAWAN KUMAR SHARMA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-10-89] [REFERRED TO]
ASIFUDDIN VS. STATE OF U P [LAWS(ALL)-2014-5-341] [REFERRED TO]
SMT. JYOTI KHARE VS. STATE OF U.P. [LAWS(ALL)-2017-5-167] [REFERRED TO]
BHAGIRATH & 4 ORS VS. D M , LAKHIMPUR KHERI & 2 ORS [LAWS(ALL)-2017-11-154] [REFERRED TO]
SHIV PRATAP AND OTHERS VS. STATE OF U P THROUGH PRINCIPAL SECRETARY, NAGAR VI [LAWS(ALL)-2018-2-202] [REFERRED TO]
JAVED VS. STATE OF U P [LAWS(ALL)-2005-4-200] [REFERRED TO]
KUNDAN LAL VS. STATE OF UTTARANCHAL [LAWS(ALL)-2006-12-125] [REFERRED TO]
BHUPENDRA NATH TRIPATHI VS. STATE OF U P [LAWS(ALL)-2009-1-146] [REFERRED TO]
K.M. SAXENA VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2016-4-92] [REFERRED TO]
RAVINDRA VS. THE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. AND ORS. [LAWS(BOM)-2016-4-32] [REFERRED TO]
CENTRAL BOARD OF SECONDARY EDUCATION VS. TUSHR WELFARE SOCIETY [LAWS(DLH)-2005-12-31] [RELIED ON]
PRAMOD KUMAR KUSHWAHA VS. INDIAN INSTITUTE OF TECHNOLOGY [LAWS(DLH)-2003-10-27] [REFERRED]
MUNICIPAL CORPORATION OF DELHI VS. PAWAN KUMAR [LAWS(DLH)-2006-3-128] [REFERRED TO]
ASHISH KUMAR PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-7-21] [REFERRED TO]
SINDHU S. AND ORS. VS. THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES AND ORS. [LAWS(KER)-2015-8-94] [REFERRED TO]
ABHIJIT MADHAVRAO PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-30] [REFERRED TO]
A A CATERING CO VS. UNION OF INDIA [LAWS(DLH)-2006-3-249] [REFERRED TO]
JIGYASA TIWARI VS. STATE OF U.P. [LAWS(ALL)-2022-5-121] [REFERRED TO]
COMMON COMMITTEE CONSTITUTED FOR THE SELECTION OF EMINENT SPORTS PERSONS VS. MINOR B PRAVEENA DEVI [LAWS(MAD)-2009-12-162] [REFERRED TO]
SOHIL NIVAS VS. VISVESAVARARYA [LAWS(KAR)-2008-11-56] [REFERRED TO]
M.G. SINDHU VS. P.G. SANTHOSH [LAWS(KER)-2014-7-53] [REFERRED TO]
PRATHAMKUMAR VS. INDIAN INSTITUTE OF MANAGEMENT [LAWS(GJH)-2005-4-28] [REFERRED TO]
SANGITA RANI ARORA VS. UNION OF INDIA [LAWS(DLH)-2017-10-5] [REFERRED TO]
NAGESHWAR BASANTRAM DUBEY VS. UNION OF INDIA [LAWS(BOM)-2006-12-86] [REFERRED TO]
BHAGAT KALICHARAN MAKHIJANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-4-195] [REFERRED TO]
BHARAT RAM VS. RAMESH SINGH ZILA BASIC SHIKSHA ADHIKARI BASTI [LAWS(ALL)-2003-8-229] [REFERRED TO]
ALL INDIA NHPC DIPLOMA ENGINEERS VS. NHPC LTD. [LAWS(J&K)-2010-2-56] [REFERRED TO]
TAMIL NADU ELECTRICITY BOARD VS. TAMIL NADU ELECTRICITY BOARD ENGINEERS ASSOCIATION ELECTRICITY AVENUE [LAWS(MAD)-2005-1-135] [REFERRED TO]
GIRISH CHANDRA TRIPATHY VS. STATE OF ODISHA [LAWS(ORI)-2019-1-64] [REFERRED TO]
SHYNI C.B. VS. CHITRA BHANU M.K. [LAWS(KER)-2020-7-93] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2019-2-103] [REFERRED TO]


JUDGEMENT

D. P. Mohapatra, J. - (1.)Leave granted.
(2.)State of Rajasthan through the Director, Medical and Health Services; the Rajasthan Nursing Council, through its Registrar, and the Principal Medical Officer, Government Hospital, Barmer, Rajasthan, have filed this appeal against the order of the Rajasthan High Court dated 6-7-2000 in D. B. Civil Special Appeal No. 917/99 (Def.) title State and Ors. vs. Smt. Lata Arun. The order passed by the High Court reads as follows :
"However looking to all the facts and circumstances, we are of the opinion that the order of learned single Judge is in the interest of justice. It does not require any interference of this Court. We do not find any merit in this appeal."

(3.)In the special appeal the appellants assailed the judgment of the learned single Judge allowing the Writ Petition No. 4433 of 1997, filed by the respondent. The operative portion of the said judgment runs as follows:
"In view of the above discussion, this petition is allowed. The impugned order at Annexure R/1 annexed to the reply affidavit and the order dated 3-9-1997 Annex. 11 are hereby quashed and set aside. The respondents are directed to declare the result of the petitioner for General Nursing and Midwifery and Staff Nurse Course examination forthwith."
The question which arises for determination in this case is whether the respondent had the eligibility qualification for admission in General Nursing and Midwifery and Staff Nurse Course (hereinafter referred to as 'nursing course') commencing in the year 1990 The Director, Medical and Health Services had invited applications by 15-12-1989 from eligible candidates for admission in the Nursing Course to be started from January, 1990. It was stated in the notification that the candidates should have passed first year of Three Years' Degree Course (TDC) or 10 + 2; and that the candidates with science subjects (Biology, Chemistry, Physics) will be given preference. During the period the Indian Nursing Council had issued a set of Syllabi and Regulations for Courses in General Nursing and Midwifery in which the prescribed minimum educational qualification for all candidates was 12th class pass or its equivalent preferably with science subjects.


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