Smt. Veena Nair vs The State Of Madhya Pradesh
2021 Latest Caselaw 6771 MP

                                                         1                                  WP-929-2021
                               The High Court Of Madhya Pradesh
                                         WP No. 929 of 2021
                                  (SMT. VEENA NAIR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

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                      Jabalpur, Dated : 25-10-2021
                             Shri Ajay Pal Singh, learned counsel for the petitioner.
                             Shri Tapan Bathre, learned Panel Lawyer for the respondents/State.

The present petition has been filed challenging the legality, validity and prosperity of the order passed by the respondent no.4 whereby, the advertisement for vacancy of Staff Nurse has been issued with the direction

that only those candidates are permitted to apply who have passed the Nursing Certificate from the Government Institutions. Respondent no.4 has stated that the qualifications from recognized Private Nursing Institutions, are not eligible.

It is submitted that petitioner has successfully completed her degree in Bachelor of Science in Nursing from Rani Durgavati Vishwavidyalaya in the year, 2013. An advertisement was issued on 29.12.2020 for appointment of Auxiliary Nurse Midwife (in short ANM). It is submitted that there were 290 posts of Staff Nurse are required to be filled in and last date for filling the

form is 20.01.2021. Respondent no.4 has introduced a Clause with respect to educational qualification for the candidates to the effect that the candidates who have certificate of ANM from the Government Institutions may only apply. Even the candidates who have obtained the certificates from the recognized institutions were debarred from applying. The aforesaid aspect was considered by this Court in the case of Smt. Radha Purwansi Vs. State of M.P. and Others being W.A.No.291/2017 which was decided on 30.06.2017 and the conditions imposed by the respondents for the candidates who have qualified from the Government Institutions may apply was held to be arbitrary and unreasonable, which is held as under :-

"We have heard learned counsel for the parties and found

Signature Not that preference given to the candidates qualified from a SAN Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.30 10:32:12 IST 2 WP-929-2021 Government Institute while treating the candidate qualified from a Government Institute while treating the candidate qualified from a Private Institute though both are registered with the same Council is wholly arbitrary and unreasonable. The students from both are registered with Mahakoushal Nurses RegistrationCouncil. The Institution from which the appellant has qualified the ANM course

is recognized by such Nursing Council. Therefore, the condition in the advertisement that such candidates will not be treated at par or that the candidates qualifying from the Government Institutes would be preferred is not justified as is the condition in the amended rule. It does not satisfy the test of equality contained in Article 14 of the Constitution. Since the students of both set of Institutes are to registered with the Mahakoshal Nurses Registration Council, therefore, the action not to treat the students form private institutes at par with the students from the Government Institutes is not justified and is not reasonable classification. The object of qualifications is that the State should employ a qualified ANM candidate for discharging the duties under the State. To deny the benefit of employment to the candidate who has not qualified from the Government Institute is to exclude large number of candidates from public employment, when they have qualified from an Institute which is recognized by the Nursing Council. This cannot be the object and purpose of public employment.

We also find that the condition in the advertisement is contrary to the Rules as reproduced above. Such Rules gives preference to the candidates who have qualified form the Government Institutes but the Advertisement has disqualified such candidates. Still further, once a candidate who has qualified to be appointed but after the candidates from Government Institutes are selected means that there is preference to the candidates from the Signature SAN Not Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.30 10:32:12 IST 3 WP-929-2021 Government Institutes. We find that once an Institute has been recognized by the Nursing Council, then to give step motherly treatment to the candidates from private Institutes is not justified. Thus, we find such condition is not based on reasonable differentia and thus, the condition that a trained candidate from Government Institute will be given preference cannot be sustained. Consequently, such clause is set aside.

As a consequence thereof, the State shall make appointments after inviting the applications afresh by giving revised advertisement, in accordance with law.

In view of the aforesaid, the appeal is allowed."

Despite the specific directions given by the Division Bench of this Court holding the imposition of such conditions to be unreasonable and arbitrary, again authorities have issued advertisement imposing the same conditions. He has prayed for declaring the aforesaid conditions unreasonable and arbitrary.

Counsel appearing for the respondents/State could not dispute the fact that the matter stands concluded by the order passed by the Division Bench of this Court in the case of Smt. Radha Purwansi (supra) and submits that the case of the petitioner will be considered in the light of the judgment passed by the Division Bench. In such circumstances, petition is disposed of.

Counsel appearing for the petitioner submits that in pursuance to the advertisement, the appointments are still to be made therefore, direction be given to the authorities for consideration of his case.

Heard learned counsel for the parties and perused the record. On perusal of the record it is seen that the issue which has been raised by the petitioner is no more res integra and has been settled in the case of Smt. Radha Purwansi (supra) as pointed hereinabove.

In such circumstances, the conditions which have been imposed by the respondents regarding inviting applications only from those candidates who Signature SAN Not Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.10.30 10:32:12 IST 4 WP-929-2021 are qualified from the Government Institutions is perse illegal and is hereby declared to be arbitrary and unreasonable. The respondent authorities are directed to reconsider the case of the petitioner for grant of appointment to the post of ANM as she has applied in pursuance to the advertisement issued by the respondent authorities.

With the aforesaid observations, the petition is disposed of.

                                                                             (VISHAL MISHRA)
                                                                                  JUDGE

                      Sha




Signature
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Verified

Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.10.30
10:32:12 IST