- (1.) This reference is before us to answer the following substantial questions :- "(1) Whether in view of the frame and purport of the National Rural Health Mission ('NRHM') Scheme, engagement of Para-Medical Staff with preparation of merit at District level, as opposed to that at State level, is permissible in law? (2)Whether in view of the frame and purport of the National Rural Health Mission ('NRHM') Scheme, engagement of Para-Medical Staff with reference to the place of residence and/or local criteria is permissible in law?"
(2.) The factual matrix necessary to be taken into consideration to examine and answer the issues referred is that the Additional Director (Administration), Directorate of Medical and Health Services, Rajasthan, Jaipur, under an advertisement dated 4.5.2007 invited applications from the eligible desirous candidates for engagement as Nurse GradeII/General Nurse Male (GNM) against the existing 2500 posts in various districts of the State. The posts aforesaid were not regular encadered posts, but created under the National Rural Health Mission (NRHM). The appointments under the advertisement aforesaid were required to be made at Sub Health Centres in rural areas at remote as well as general places, thus, a preference to the bonafide residents of the district concerned was also extended.
(3.) By another advertisement dated 8.8.2007 the respondents again invited applications from eligible candidates against the posts in NRHM, however, the preference on district level was taken away, but it was made clear that those who have applied in pursuant to the first advertisement need not to apply afresh. A corrigendum thereafter was issued on 25.8.2007 wherein the criterion relating to appointment at district level was withdrawn and a merit list at State level was sought to be prepared. By another corrigendum dated 21.1.2008 the condition of preparing a merit list of the selected incumbents at district level was again inserted.;