Madhya Pradesh High Court
Laxmi Rathour vs The State Of Madhya Pradesh on 1 March, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 1 st OF MARCH, 2024
WRIT PETITION No. 2624 of 2022
BETWEEN:-
LAXMI RATHOUR D/O SHRI RAMMANOHAR RATHOUR,
AGED ABOUT 24 YEARS, OCCUPATION: STUDENT R/O A-
50/5 PALI PROJECT BIRSINGHPUR PALI DISTRICT
UMARIA (MADHYA PRADESH)
.....PETITIONER
(BY MS. ANJANA KURARIA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY PUBLIC HEALTH AND FAMILY
WELFARE DEPARTMENT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. INDIAN NURSING COUNCIL DELHI SECTOR 8TH
FLOOR NB CC CENTER PLOT NO. 2 COMMUNITY
CENTER OKHALA FACE I NEW DELHI (DELHI)
3. CHIEF EXECUTIVE OFFICER CUM DEAN GOVT.
MEDICAL COLLEGE DISTRICT SHAHDOL
(MADHYA PRADESH)
4. DIRECTOR COLLEGE OF NURSINGH APOLLO
HOSPITAL BILASPUR (CHHATTISGARH)
.....RESPONDENTS
(BY SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE AND SHRI
MOHAN SAUSARKAR - ADVOCATE FOR THE RESPONDENT NO.2)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition has been filed challenging the communication/order
dated 07.10.2021 (Annexure P-8), whereby the candidature of the petitioner for
appointment on the post of Staff Nurse has been rejected by assigning the
reason that she has not qualified Biology subject in Higher Secondary (Class
12th examination).
2 . Learned counsel for the petitioner submits that the criteria for
admission to B.Sc. Nursing Course is 10+2 with science with 45% marks by a
recognized Board. It is contended that as per the mark-sheet of Class 12th (10
2) issued to the petitioner vide Annexure P-1 she has passed Class 12th in
science subjects, i.e. Mathematics, Physics and Chemistry. Thus, she is
qualified to get admission in B.Sc. (Nursing Course). Accordingly, she was
given admission in the said course and she thereafter successfully completed
the said course. After completing the course, she has been registered by
Chhatishgarh State Nursing Council vide Annexure P-3 as a Nurse.
3. It is further contended that the petitioner thereafter applied for
appointment in pursuance to advertisement issued for the post of Staff Nurse
by the respondent No.3 vide Annexure P-6. She qualified the examination, but
has been denied appointment by Annexure P-8 holding that the petitioner has
failed in Biology subject in Class 12th. Once the petitioner has successfully
completed B.Sc. (Nursing Course), she could not have been denied
appointment by the respondent No.3. Learned counsel for the petitioner has
further relied on a judgment of Calcutta High Court placed on record as
Annexure P-9 and submits that her case is at par with that decided by High
Court of Calcutta.
4 . Per contra, learned Government Advocate for the State and learned
counsel appearing for the Indian Nursing Council have stated that the
advertisement was having clear condition of having passed Class 12th
examination under 10+2 system with Physics, Chemistry and Biology. As the
petitioner has not passed the said examination with the three subjects, her
candidature has rightly been rejected.
5. Heard learned counsel for the parties and perused the record.
6. The admitted facts of the case are that the petitioner has qualified
Class 12th examination under 10+2 system vide Annexure P-1 with subjects of
Hindi, English, Mathematics, Physics and Chemistry. Biology was an additional
subject in which the petitioner has failed. Thus, though she has qualified Class
12th examination, but she has not qualified Class 12th examination with three
subjects as required in the advertisement Annexure P-6, as she failed in Biology.
7 . The petitioner has submitted that her admission to B.Sc. Nursing
Examination was proper because she had qualified with "Science" subjects and
thus, she was given admission in B.Sc. Nursing Course and she has been
registered by the Chhatishgarh State Nursing Council. Thus, the respondent
No.3 could not have rejected the candidature of the petitioner.
8. So far as the aforesaid aspect is concerned, the petitioner had applied
with open eyes in pursuance to the advertisement Annexure P-6. The
advertisement clearly required the petitioner to have passed 12th Class
examination under 10+2 system with subject of Physics, Chemistry and
Biology. She has though passed Class 12th Examination, but had failed in
Biology, in which she has appeared as a additional subject. Thus, the petitioner
cannot be said to have requisite qualification in terms of the advertisement
Annexure P-6.
9 . The petitioner has also relied on judgment of the High Court of
Calcutta placed on record as Annexure P-9. In the said judgment, the High
Court of Calcutta has considered the situation that once the candidate having
failed in Chemistry, but passed in Biochemistry has completed the B.Sc.
Nursing Course, she cannot be denied registration as Nurse. The said case was
a case where registration as Nurse was being denied. Upon denial of registration
as Nurse, the candidate would not be able to get employment anywhere and not
work as Nurse anywhere.
10. The present case is not such as it is a case of employment. It is for
the employer to lay down the qualifications for appointment of employees. The
employer had laid down the qualifications and the petitioner admittedly applied
in pursuance to the advertisement with open eyes. She admittedly does not have
the qualification as required under the advertisement. Hence, the petitioner is
not entitled to any relief. No error can be found in the decision taken by the
employer vide Annexure P-8.
11. The petition sans merit stands dismissed.
(VIVEK JAIN)
JUDGE
rj
