Andhra Pradesh High Court - Amravati
Ap Nursing Samkshema Sangam Apnss vs The State Of Andhra Pradesh, on 24 November, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION (PIL) No.223 of 2021
(Through physical mode)
A.P. Nursing Samkshema Sangam (APNSS)
Rep., by its President Vemula Ramanjaneya Prasad,
S/o Nageswara Rao @ Swachanda Prasad,
Aged 33 years, Occ: Press Reporter,
R/o D.No.36-12-504, 6th line, Vengaih Nagar,
Guntur, Guntur District, A.P.
..Petitioner
Versus
The State of Andhra Pradesh,
Rep., by its Principal Secretary,
Medical and Health Welfare Department,
Secretariat, Velagapudi, Amaravati, and others.
...Respondents
Counsel for the petitioner : Mr. G. Sri Harsha
Counsel for respondent Nos.1 to 4 : GP for Services IV &
GP for Medical & Health
Counsel for respondent No.5 : Mr. N. Harinath, ASG.
ORAL ORDER
Dt:24.11.2021
(per Prashant Kumar Mishra, CJ)
This writ petition in the nature of public interest litigation is
preferred seeking the following relief:
"to issue a writ or order or a direction under Article
226 of the Constitution of India, particularly one in the
nature of Writ of Mandamus declaring the notification
for recruitment of Mid-Level Health Providers through
proceedings in Rc.No1536098/HWC/NHM/2021, dated
21.10.2021 issued by the respondent No.2 as the said
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W.P (PIL) No.223 of 2021
notification is insisting that a person to be appointed to
the category of regarding Mid-Level Health Providers
shall be one who has studied Certificate Programme for
Community Health (CPCH) as integrated certificate
programme in the B.Sc.(N) but the said subject was
introduced by the Indian Nursing Council (INC) through
a circular in F.NO.1-2/NEC/2019-INC, dated
12.02.2019, because the old students who passed prior
to 2019 were not considered in the notification as
eligible, which is illegal, Void, Unconstitutional and
against to the interest of natural justice to the
detriment of the interest of poor students of B.Sc.(N)
herein, as illegal, Void, Unconstitutional and against to
the interest of natural justice and consequently, set
aside the same in the interest of justice and further
pleased to re-notify the said notification by giving an
opportunity to each and every student and to pass
such other order or orders as the Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case."
2. During the course of hearing, it is brought to our notice that some
of the affected individuals have already preferred writ petitions, which are
pending consideration before the learned single Judge.
3. In view of the above, we are of the considered opinion that any
decision on merits of this writ petition, which is in the nature of Public
Interest Litigation, which is not maintainable in view of the judgment of
the Hon'ble Supreme Court in Dr. Duryodhan Sahu and others v.
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W.P (PIL) No.223 of 2021
Jitendra Kumar Mishra and others reported in 1998(7) SCC 273,
would defeat the cause in the individual writ petitions, which are pending
consideration before the learned single Judge.
4. At this stage, the learned counsel for the petitioner seeks
permission of this Court to withdraw this petition.
5. Permission is accorded and the Writ Petition (PIL) is dismissed as
withdrawn. We observe that withdrawal of this petition shall not come in
the way of pursuing the writ petitions pending before the learned single
Judge and that anything contained herein shall not be construed to be any
opinion on merits of the case. No costs. All pending miscellaneous
applications shall stand dismissed.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY,J
Nn
