- (1.) THESE 36 special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 - arise out of common Judgment rendered by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 397 of 1990 Ashok Kumar Jangid v. State of Rajasthan and 91 others connected Writ Petitions decided on November 5, 1990 and, therefore, they were heard together and are being disposed of by a common judgment.
(2.) ACTUALLY , 49 special appeals were filed but 13 special appeals have been dismissed as not pressed because those 13 appellants have been granted admission in Rajasthan General Nursing Course (for short 'the RNRC Course') during the pendency of their special appeals. The facts necessary to be noticed for the disposal of these special appeals are: that one Ashok Kumar Jangid filed a Writ petition before this Court bearing No. S.B. Civil Writ Petition No. 397 of 1990, where in it was claimed that Barmar and Jaisalmer Districts being backward areas, the applicants belonging to Barmer and Jaisalmer Districts should be given preference in admission to the RNRC Course at the Barmer Centre because the other applicants who came from other parts of the State, although the get education at Barmer Centre, never try to serve the Barmer and Jaisalmer Districts and, therefore, these districts have always been short of qualified persons for occuaping the posts of Male and Female Nurses. Such a letter was Written by the local M.L.A., Zila Pramukh and the Collector. However, no response was coming forth and, therefore, he prayed that in pursuance of the decision of their Lordship of the Supreme Court in Dr. Pradeep Jain v. Union of India : (1984)IILLJ481SC . Preference on the basis of the residence should be given to the resident of Barmer and Jaisalmer Districts so far as the admission to Rajasthan General Nursing Training Course is concerned. In this respect, while relying on the aforesaid decision of their Lordship of the Supreme Court, ad -interim stay order was granted by this Court on 23.1.1990 in the following words: In the mean while, the respondent No. 3, while deciding the applications of the candidates for admission to the course of R.N.R.C. should give preference to the candidates who are bonafide residents of Barmer district to the extent of 70% of the general quota till further.... The aforesaid ad -interim order granted by this Court remained in force and the Government or any of the appelants did not move an application under Article 226(3) of the Constitution for cancellations/vacation of that ad -interim order. Rather, the State Govt. was pleased to issue on order (Annexure -4) dated 6.1.1990 where by it has been ordered that it has been brought to the notice of the State Govt. that in Barmer and Jaisalmer Districts, trained nurses are not available and even if they arc made available, then those persons seek transfer to their home districts and, therefore, so many posts of Nurses remain vacant in there two districts and that affects the work adversely and hence, the State Govt. has decided that the persons belonging to Barmer and Jaisalmer districts should be given preference in admission to the RNRC Course at Barmer Centre and when the persons of these districts are not available then alone, training should be imparted to the persons of other districts at Barmer Centre. It was further ordered that the persons who get their training at Barmer Centre should give an undertaking that they will serve these two districts for at least five years.
(3.) HOW ever, persons belonging to other districts filed lot of Writ petitions before this Court claiming that the residence was never made a condition of the advertisement and therefore, the State Govt. should not have issued orders giving preference in admission to the RNRC Course to the residents of Barmer and Jaisalmer Districts. It was submitted that a number of persons who are more meritorious have been left out where as they had a right to be admitted in RNRC Course at Barmer Centre. It was further abmitted that the residence or backwardnees of the area should not have been mode a criteria for providing reservation to the candidates of these two districts in admission to the RNRC Course. Such a course has not been autheriesed by the Indian Nursing Council functioning under the Indian Nursing Council Act. 1947 as also by the Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurses -Miduwives Registration Act, 1964 and the Rajasthan Nursing Council Registration, 1964. It was submitted that such a reservation was not the part of the advertisement that was issued and therefore, that reservation was not possible. As many as 91 Writ petitions were filed to challenge this reservation in favour of the residents of Barmer and Jaisalmer districts, It was also claimed that no reservation can be made for female nurses and that also is not provided by the Indian Nursing Council Act, 1947, as also by the Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurses -Midwives Registration Act, 1964 and the Rajasthan Nursing Council Regulation, 1964 and, therefore, all the admissions that have been made in RNRC Course at Barmer Centre are against the advertisement and the Rules and they (Petitioners) deserve to be admitted to this Course.;