- (1.) This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:- "a. the impugned action of the respondents in not considering the petitioner's candidature for appointment on the post of Nurse Grade II in pursuance of the vacancies advertised vide Advertisement dated 26.02.2013 (Anx.12) may kindly be quashed and set aside and the respondents may kindly be directed to consider the candidature of the petitioner for the said post; b. the action of the respondents in not providing bonus marks to the petitioner while preparing merit for appointment on the said post in pursuance of the vacancies advertised may kindly be quashed and set aside and the respondents may kindly be directed to provide the highest bonus marks i.e. 15 marks in favour of the petitioner for preparing her merit, deeming her contractual appointment from the date ordered by this Hon'ble Court in previous writ petition i.e. w.e.f. the date on which the lesser meritorious persons were granted the contractual appointment; c. the respondents may kindly be directed to provide appointment to the petitioner on the said post in the said recruitment process as per her merit, after granting the highest bonus marks in favour of the petitioner, w.e.f. the date on which lower meritorious candidate than the petitioner has been granted appointment, with all consequential benefits; d. any other writ, order or directions as this Hon'ble Court deems just, fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner; AND e. cost of this writ petition be awarded in favour of the petitioner."
(2.) The petitioner was having the requisite qualification, and therefore, she contested for the post of General Nursing Midwife (GNM) in pursuance of the advertisement issued by the respondents on 08.08.2007. The petitioner secured 64.047% marks in the merit. When the respondents issued the merit list on 04.09.2008, the persons, who secured lesser marks, to the extent of 63.276%, than the petitioner, were given appointment. The petitioner preferred S.B.Civil Writ Petition No.1288/2013 (Priyanka Choudhary Vs. State and Ors.), which was decided by this Hon'ble Court on 24.07.2013, in the same terms as that of Mohd. Imran Vs. State and Anr. (S.B.Civil Writ Petition No.9450/2008 decided on 21.11.2012).
(3.) The relevant portion of the judgment rendered in Mohd. Imran (supra) reads as under:- " . . . . . .In view of Para 5 of the reply filed by the respondents, this writ petition is allowed and the respondents are directed to provide appointment to the petitioner from the date the candidates having lesser percentage of marks have been provided appointment which is 4.9.2008 in accordance with law. However, the petitioner will not be entitled for any back-wages because appointment has been made on contract basis and petitioner did not work during the pendency of this writ petition." ;