- (1.) By this writ petition, the petitioner is seeking an appropriate writ, order or direction to consider his candidature as per the merit secured by him in the written RPSC examination and to declare him selected in case he comes within the merit in the Scheduled Tribe quota and then to recommend his name for appointment on the post of Nurse Grade-II.
(2.) Briefly stated, facts of the case are that an advertisement dated 27.8.2007 was issued for filling 1152 posts of Nurse Grade-II. According to the advertisement, relaxation was to be given to the candidates who were appearing in the Final Year Examination of R.N.R.C. and the result was not declared till then but they had to produce the proof of possessing the requisite educational qualification before the declaration of the result of the written examination by the RPSC. The result of the supplementary examination was declared on 20.12.2007 and the petitioner was declared passed in the final RNRC examination although the main examination was held in June,2007 and the result of Third Year R.N.R.C. was declared on 18.8.2007.i.e. earlier to the declaration of result of the written examination held by the RPSC i.e.20.11.2007.
(3.) The main submission of counsel for the petitioner is that the result dated 20.12.2007 of the supplementary examination will relate back to the result of the main examination, dated 18.8.2007 and therefore, the petitioner is eligible as per terms of the advertisement according to which he was required to possess the qualification prior to 20.11.2007 i.e. the declaration of final result of written examination of RPSC.;