Madhya Pradesh High Court
Surekha Joshi vs Commissioner on 2 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:28838
1 WP-21603-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 2 nd OF JULY, 2025
WRIT PETITION No. 21603 of 2025
SUREKHA JOSHI
Versus
COMMISSIONER AND OTHERS
Appearance:
Shri A.K.Pathak - Advocate for the petitioner.
Dr.S.S.Chouhan - Government Advocate for the respondents/State.
ORDER
Per: Sanjeev Sachdeva, Acting Chief Justice
Issue notice.
Notice is accepted by learned counsel appearing for the respondents.
With the consent of parties, the petition is taken up for final disposal.
Petitioner impugns the Advertisement for the recruitment of Grade 5 -
Staff Nurses, Multipurpose Female Health Workers (A.N.M.) and others
through Direct Posting and Backlog Common Recruitment Examination-
2023 and is also aggrieved by notification dated 02.02.2019 by which the
educational qualifications required for the said post have been amended.
Learned counsel for the petitioner submits that the case of the
petitioner is identical to the individuals who were petitioners in W.P.
No.5747/2023 (Tabassum Quraishi and others vs. State of M.P. and others) .
NEUTRAL CITATION NO. 2025:MPHC-JBP:28838
2 WP-21603-2025
He submits that said petition and other batch of petitions were disposed of by
a Coordinate Bench of this Court on 28.4.2025 inter alia by directing as
under:-
"53. Therefore, while upholding the validity of the notification
dated 02.2.2019, we hold that the said notification dated
02.02.2019 has to be read down to avoid retroactivity, so as not to
operate against those candidates who had obtained the
qualifications prior to the date of notification or prior to the rules
being amended or guidelines being issued by the INC. Therefore,
while rejecting the challenge to the notification dated 02.02.2019
and holding the same to be constitutionally valid and intra vires,
we issue following directions:-
(a) The candidates having obtained admission in ANM
course/training after passing Class-10" qualification and
admitted prior to Session 2012-13 in ANM course
would be eligible to apply for the selection test.
However, those candidates who have been admitted in
any college from the Session 2012-13 and thereafter
would not be deemed eligible if they have obtained
admission in ANM course with Class10"qualification.
(b) Those candidates who have acquired ANM
training and were admitted prior to Session 2012-2013
and have completed ANM training of 18 months would
be held eligible to apply in the election test, however,
those candidates who have been admitted in any college
from the Session 2012-13 and thereafter would not be
deemed eligible if they have obtained 18 months ANM
training in place of 24 months.
(c) So far as the requirement of having passed Class-
12" with Physics, Chemistry and Biology and having
passed out from Govt. of M.P. run college is concerned,
all those candidates who have been admitted in any
nursing institution upto the Session 2018-19 would be
entitled for the selection in question even if they have
obtained Class-12" qualification from subjects other
than Physics, Chemistry and Biology and have taken
admission in a college not run by the Govt. of M.P.
However for the students admitted in the Session 2019-
20 onwards the said disqualifications would apply to
them with full force."
Petitioner has annexed documents evidencing that the case of
NEUTRAL CITATION NO. 2025:MPHC-JBP:28838
3 WP-21603-2025
petitioner is squarely covered by para 53 of the said judgment.
In view of the above, this petition is allowed in terms of para 53 of
order dated 28.4.2025 in W.P. No.5747/2023.
(SANJEEV SACHDEVA) (VINAY SARAF)
ACTING CHIEF JUSTICE JUDGE
TG /-
