Singhvi, J. - (1.) THE petitioner has prayed for issue of a direction to the non-petitioner to select her for training as Lady Health Worker and for quashing of the select list dated 25. 7. 91 (Annexure-6) prepared by the Chief Medical and Health Officer, Bharatpur.
(2.) IN short the case of the petitioner is that she passed High School Examination in the year 1988 from the Board of High School and intermediate Education from U. P. Thereafter she passed intermediate examination in 1990. She has secured 66% marks in High School Examination. IN pursuance of advertisement issued by the Director, Medical and Health Services, Rajasthan, Jaipur on 11. 4. 91 for selection of candidates for the purpose od training as Eady Health Workers, the petitioner submitted her application to the Chief Medical and Health Officer, Bharatpur. The non-petitioner No. 3 issued a select list on 25. 7. 91. IN all 45 candidates have been selected. Name of the petitioner however does not find place in the select list. This is not withstanding to the fact that the petitioner has secured more marks than the candidate who has been placed at serial No. 45 in the list. The petitioner has submitted that she fulfills all the requisite conditions of eligibility and by denial of admission to her for training she has been subjected to discrimination. According to the petitioner a candidate possessing the qualification of Secondary pass is eligible to be considered for selection for training as Lady Health Worker/female Health Worker. The case of the respondents is that the petitioner has not passed High School Examination with English as a subject. The application of the petitioner was considered by the non- petitioner No. 2 & the same was rejected because she was not having English subject in High School. The petitioner had admittedly passed the High School Examination without English as a subject &, therefore, she is not eligible for admission. The candidate who is having less marks than the petitioner fulfills the requisite qualification and, therefore, she has been given admission in preference to the petitioner. Learned counsel for the petitioner has argued that in the advertisement issued by the non-petitioner No. 2 the only requisite qualification is that a candidate must have passed Secondary School Examination. No other qualification has been specified in the advertisement Annexure-4 and, therefore, it was the obligation of the non-petitioner No. 3 to have admitted the petitioner according to her merit. The requirement of passing of High School Examination with English as a subject cannot be enforced. Learned counsel has placed reliance on the decision of this Court in Radheshyam and others vs. Stale (1) and also on the decision of this Court in Purushottamlal Sharma vs. The State of Rajasthan and others (2 ). In Radheyshyam's case a learned Single Judge held that if a candidate is otherwise eligible for admission, he cannot be denied for admission on the ground that he does not have science subject in the qualifying examination. Science subjects arc not made compulsory in Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurse Midwives Registration Act, 1964 or the regulations framed therein and, therefore, an additional requirement of the candidate having passed the qualifying examination with science subject cannot be enforced. In that case also the candidate had passed Intermediate Examination from the Board of High School and Intermediate Education of U. P. and was subjected to arbitrary and discriminatory treatment. Similarly in Purushotamlal Sharma's case the Court held that a candidates who have passed Secondary Examination from other States were eligible for admission in the training course. That was a case in which the selection was to be made for training in Lab. Technician Course.
(3.) A perusal of the advertisement Annexure-4 shows that the qualification required by the candidate is that he/she must have passed the Secondary Examination and must be a bonafide resident of Rajasthan. No other condition has been specified in the advertisement. It was, therefore, not open for the non-petitioner No. 3 to have rejected the application form of the petitioner on the ground that she has not passed Secondary Examination with English as a subject. This additional condition could not have been imposed by the non-petitioners for the purpose of selection of candidate for sending them in training. Admittedly a candidate having lesser merit than the petitioner has been given admission. Thus, the petitioner has been subjected to discrimination. She has been denied equality and her fundamental right guaranteed by Article 14 of the Constitution has been infringed. The Writ Petition is, therefore, allowed. It is declared that the petitioner fulfills the qualification for admission to the training course of Lady Health Worker/female Health Worker and non-petitioners No. 2 and 3 are directed to permit her to join training of Lady Health Worker/female Health Worker. Appiopriate order for this purpose shall be passed within seven days of the presentation of copy of this order. Parties are left to bear their own costs. . ;