G.K.VYAS,J. - (1.) The instant special appeal has been filed by the appellants against the order dated 17.01.2018 passed by learned Single Judge in SBCWP No.14942/2017 whereby the writ petition filed by the appellants/petitioners was dismissed.
(2.) Learned counsel for the appellants submits that after the judgment in the case of State of Rajasthan Vs. Archana passed in SLP (C) No.S32008-009/2013, the State Government is under obligation to recast the merit list for the post of Nurse Grade-II prepared in pursuance of advertisement dated 06.02.2013.
(3.) It emerges from the arguments of learned counsel for the appellants that after the judgment of Hon'ble Supreme Court in the case of Archna (supra), the State Government is under obligation to revise the merit list of the post of Nurse Grade-II prepared in pursuance of advertisement dated 26.02.2013 while granting bonus marks in the cap of 30 marks as provided in Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965. It is admitted fact that the selection process for appointment on the post of Nurse Grade-II was completed in the month of February, 2016 as the medical facilities were urgently required by the respondent- State as per precedent of law of the time propounded by the Division Bench of this Court vide order dated 24.09.2013 and benefit of 5, 10 and 15 marks for completing 1, 2 and 3 years of service was given to the candidates. There is not dispute that the State Government preferred an appeal against the judgment dated 24.09.2013 passed in CW No.9352/2013 before the Hon'ble Supreme Court, but the State Government decided to follow the judgment of the Division Bench of this Court dated 24.09.2013, therefore, after withdrawing the SLP from the Apex Court, the selection process was completed.;