On 15th December 2022, the Supreme Court in a Division Bench comprising of Justice M.R. Shah and Justice Hima Kohli observed that if it is found that there is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him.
Facts of the Case:
The applications were invited vide advertisement dated 15.12.2021 for appointment on the post of Health Worker (Female). The last date for submitting the same was 05.01.2022. As per clause 6 of the advertisement, it was inevitable for the candidate to possess the essential qualifications (educational and other) till the last date of the application which included a condition that the candidate must have successfully completed one year six months/two years Auxiliary Nurses and Midwives (ANM) training course (including six months training related to obstetrics) as per the norms of the Nursing Council of India and that the candidate was duly registered with the Uttar Pradesh Nurses and Midwife Council, Lucknow (U.P. Council). All the appellants filled up their applications forms through online mode and appeared in the said examination. The eligibility of the candidate was required to be considered only during verification of the documents.
All the appellants were registered with the M.P. Council. All the appellants except one submitted the applications for the U.P. Council registration. The M.P. Council furnished the NOC. However, the U.P. Council took time to issue the registration and therefore, the respective appellants could not produce the U.P. registration during verification of documents.
The candidatures of the appellants were not considered further for appointment on the ground that at the time of verification of the documents they were not duly registered with the Uttar Pradesh Nurses and Midwife Council, Lucknow, and therefore, they were ineligible as they did not possess the essential qualifications, as per the advertisement. A writ petition was filed before the HC which was dismissed resulting into the present appeal.
Observations and Judgment of the Court:
The hon’ble court observed that “All the appellants – writ petitioners who were having M.P. Council registration had applied for U.P. Council registration before the date of the advertisement published on 15.12.2021, except for one candidate. It took some time for the M.P. Council to issue the NOC and thereafter, it took further time for the U.P. Council to issue the registration.
Thus, because of the late issuance of the registration by the U.P. Council, the appellants could not produce the U.P. Council registration either on the last date of the application and/or at the time of verification of documents and therefore, they were held ineligible. There was no fault on the part of the appellants in not producing the U.P. Council registration either at the time of submitting the applications forms or even at the time of verification of the documents.
Therefore, for no fault(s) of theirs, the appellants could not have been made to suffer.” The case of Narender Singh Vs. State of Haryana and Ors. was referred and it was observed that once it was found that there was no lapse/delay on the part of the applicant and/or there was no fault of the appellant/applicant in not producing the NOC at the relevant time, he cannot be punished for the same.
The appeal was allowed and the impugned judgment and order passed by the High Court was held unsustainable and was quashed and set-aside. The respondent(s) were directed to appoint the appellants to the post of Health Worker within six weeks.
Case: Kumari Laxmi Saroj & Ors. Vs. State of U.P. & Ors.
Citation: Civil Appeal No. 9040 Of 2022
Bench: Justice M.R. Shah and Justice Hima Kohli
Date: December 15, 2022.
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