- (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "i. That the impugned action of the respondents may kindly be quashed and set aside consequent to it respondents may kindly be directed to consider the candidature of the petitioner for the post of A.N.M. in pursuance of advertisement dated 28.01.2016 (Annexure-3) by validating the mark sheet of Adeeb 2009, dated 19.08.2010, issued by Jamia Urdu, Aligarh (Annexure-1) ii. That the respondents may kindly be directed to grant appointment to the petitioner on the post of A.N.M. in the District Nagaur. Iii. Any other appropriate order or direction, which this Hon'ble Court considers just, fit and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. iv. Cost of the writ petition may kindly be awarded in favour of the petitioner."
(2.) At the outset, learned counsel for the respondents submits that the controversy regarding qualification of Adeeb from Jamia Urdu, Aligarh being equivalent to the Secondary Examination conducted by the Board of Secondary Education, Rajasthan, Ajmer for the post of A.N.M. has already been adjudicated by this Court in Santosh and Ors. Vs. State of Rajasthan and Ors. (S.B.Civil Writ Petition No.12335/2015 decided on 19.12.2017), which reads as under: "1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.12335/2015: "I. By an appropriate writ order or direction, the respondents may kindly be directed to treat the qualifciation of Adeeb, Jamia Urdu, Aligarh possessed by the petitioners equivalent to the qualification of Secondary Examination from Board of Secondary Education, Ajmer and be directed to call the petitioners for documents verification in purssuant to the advertisement dated 26.02.2013 for appointment on the post of the Women Health Worker. 2. By an appropriate writ order or direction, the respondents may kindly be directed to provide appointment to the petitioners on the post of Women Health Worker in pursuant to the advertisment dated 26.02.2013 with all consequentail benefits while treating the qualification of Adeeb, Jamia Urdu, Aligarh equivalent to the qualification of Secondary Examination from Board of Secondary Education, Ajmer. 3. By an appropriate writ order or directions, the impugned order dated 05.10.2015 passed by respondent no. 2 may kindly be quashed and set aside qua the condition no.4. 4 Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners. 5. Costs of the writ petition may kindlyb be awarded to the petitioners."
(3.) Learned counsel for the petitioner states that the matter is squarely covered by the judgment passed by this Court in Poonam and Ors. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.9189/2015) decided on 14.12.2017, the judgment reads as under :- "1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.9189/2015: "I. That by an appropriate writ, order or direction, the respondents may be directed to consider the candidature of the petitioners and appoint on the post of Health Worker (Female), if they are found in merit. II. Further by an appropriate writ, order or direction, the respondents may be directed to treat the qualification of 'Adeeb' equivalent to Board of Secondary Examination, Rajasthan, Ajmer. III. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners. IV. Costs of the writ petition may kindlyb be awarded to the petitioners." ;