Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties. These writ petitions Involved following questions: (i) Whether the respondent -State was justified in preparing the list of selected candidates Districtwise for the appointment to the post of GNM/Nurse Grade -II or the State should have prepared the merit list Statewise? (ii) Whether the persons who were having more marks in merit if the list is prepared Statewise have been denied appointment wrongly? (iii) Whether while giving appointment to the post of GNM/Nurse Grade -II due regard was not given to the reservation policy? And lastly (iv) Whether the persons who were selected in the Districtwise seniority and have not joined are entitled to the appointment to the post of GNM/Nurse Grade -II merely because of the reason that the writ petition of several writ petitioners have been allowed by the Jaipur Bench of this Court while deciding SBCWP No. 4298/2008 and connected 110 writ petitions or because of this judgment?
(2.) THE brief facts which have already been taken note of in judgment delivered by Jaipur Bench of this Court in SBCWP No. 4298/2008 and connected 110 writ petitions dated 15th May, 2009 may be recapitulated here: Under the National Rural Health Mission (NRHM) a notification inviting applications for appointment of 2500 General Nurse and Mid Wife (GNM) in Sub -Health Centres in 24 Districts was issued. In this selection, the appointments were to be made at District level and the candidates of the respective Districts were to be given preference. Thereafter, second advertisement was issued on 8.8.2007 for 6172 GNM posts on the same terms and conditions. On 25.8.2007 an amended notification was issued wherein it was stated that merit list will be prepared at State level. Then again on 21.1.2008 another amended notification was issued wherein it was stated that merit list will be prepared at the District level. The said order dated 21.1.2008 of District Level selection was challenged by some of the candidates and out of which one was Shri Demaram whose writ petition No. 1120/2008 was allowed by the Single Bench of this Court and corrigendum dated 21.1.2008 was set aside and earlier corrigendum dated 25.8.2007 of the State level was maintained on the ground that District level selection and preference of the District will be discriminatory and no merit can be prepared at District level in view of the judgment of the Hon'ble Supreme Court delivered in the case of Rajesh Kumar Gupta and Ors. v. : AIR2005SC2540 . Following the judgment of Dema Ram's case the writ petitions which were filed at Principal Seat of the High Court were also allowed by deciding several writ petitions by judgment dated 16th May, 2008. The above judgments were again followed in Santh Lai Yadav and Ors. v. State and Ors. passed in SBCWP No. 741/2008 and the said judgment was also followed in respect to the appointment to the post of ANM.
(3.) IN all the aforesaid writ petitions some of the candidates have been appointed either as Nurse Grade -II/GNM/ANM prior to issuance of notification dated 4th May, 2007, but all of them have applied under advertisement dated 4th May, 2007 and 8.8.2007. These persons claimed that they are more meritorious and person lower in merit have been appointed by the respondents in the State merit list which was prepared on 28.2.2009 after issuing provisional merit list and inviting of the objections.;