- (1.) WE have heard learned counsel appearing for the parties.
(2.) ALL the petitioners are Registered Nurses and Midwife, as per the provisions of Section 13 of the Rajasthan Nursing Council Act, 1964. They possess qualifications of B.Sc. (Nursing). Some of them have also successfully pursued the Course of M.Sc. (Nursing). They were initially appointed on the ex -cadre post of Public Health Nurse (PHN) in the year 1982 and thereafter. They were given the benefit of selection scale in pursuance to the Notification issued in the year 1992, but they were not posted on any encadred post, nor any avenues of promotions were made available for them.
(3.) THE Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short, 'the Rules of 1965') were amended in the year 2010, in which the petitioners are encadred as PHN with 100% recruitment through RPSC. The qualifications prescribed for PHN under the amended Rules are, (1) B.Sc. Nursing or its equivalent qualification from an institute, recognized by the State Government, and (2) Registered in R.N.C. By the same amendment, Nurse Grade -II was also encadred with 100% direct recruitment through RPSC, and for which the qualifications prescribed were, (1) GNM course or its equivalent qualification from an institute recognized by the State Government, and (2) Registered in RNC.;