Madhya Pradesh High Court
Neha Sikha vs The State Of Madhya Pradesh on 26 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:27750
1 WP-30526-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 26th OF JUNE, 2025
WRIT PETITION No. 30526 of 2024
NEHA SIKHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vikas Mishra, learned counsel for the petitioner.
Shri Priyank Shandilya, learned Panel Lawyer for respondent/State.
ORDER
The present petition has been filed seeking the following reliefs:
(i) To issue a writ in the nature of mandamus and direct the
respondents to issue the appointment orders of petitioner for the
post of ANM in the light of instructions given by them vide order
dated 07.03.2024.
(ii) To issue a writ in the nature of mandamus and direct the
respondents to give the joining w.e.f. when the similar situated
persons have been given, along with all consequential benefits
because there is no fault of petitioners at all.
(iii) Pass such further or other orders as this Hon'ble Court may
deem fit and proper in the circumstances of the case.
2. The case of the petitioners is that as per the amendment in the
statutory rules dated 02/02/2019, there was a requirement of ANM training
with Class 12th passed from Physics, Chemistry and Biology.
3. The petitioners had earlier passed Class 12th from subjects other
than Biology prior to taking admission in ANM course. However to get over
the provisions of amendment notification dated 02/02/2019, they also
qualified Class 12th subsequently with Biology as one of the subject. On
NEUTRAL CITATION NO. 2025:MPHC-JBP:27750
2 WP-30526-2024
that, an objection was made by the department that they have acquired Class
12th examination with Biology subject after ANM training.
4. It is contended that subsequently, the issue has been settled by
Division Bench in WP No.5747/2023 and bunch of cases vide order dated
28/04/2025. Though, the validity of notification dated 02/02/2019 has been
upheld but it has been laid down to avoid retro activity in the manner as laid
down in para 53 thereof.
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-10th 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 Class- 10thqualification.
(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
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 18 months ANM training
in place of 24 months.
(c) So far as the requirement of having passed Class-12th 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-12th qualification from subjects other than Physics,
Chemistry and Biology and have taken admission in a college not
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3 WP-30526-2024
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.
5. The case of the petitioners falls in para 53(c) as they had already
acquired Class 12th with non Biology subject prior to entry in ANM post
and admitted in Nursing institution prior to Session 2018-19.
6. In view of the above, the respondents are directed to consider the
candidature of the petitioners as per Para 53(c) of judgment dated
28/04/2025 passed in WP No.5747/2023 by giving effect to non Biology
subject Class 12th qualification acquired upto the Session 2018-19.
7. Let the needful be done within a period of one month from the date
of production of certified copy of this order.
8. The petition is disposed of
(VIVEK JAIN)
JUDGE
RS
