Madhya Pradesh High Court

Lakshmi Devi Ahirwar vs The State Of Madhya Pradesh on 5 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

         NEUTRAL CITATION NO. 2025:MPHC-JBP:20932




                                                                  1                                  WP-6933-2024
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                        ON THE 5 th OF MAY, 2025
                                                    WRIT PETITION No. 6933 of 2024
                                                 LAKSHMI DEVI AHIRWAR
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Rahul Rawat - Advocate for the petitioner.
                                     Shri Prabhanshu Shukla - Govt. Advocate for respondents/State.

                                                                      ORDER

This petition has been filed seeking the following reliefs :

(i) Issue a writ in the nature of certiorari be issued quashing the qualification/eligibility to the extent of training of 24 months in respect of Petitioner who has obtained the training prior to year 2017 so far as it relates to Petitioner for Code Nos. 2, 34 & 35 of respective posts in the interest of justice and consequently the remark mentioned in list dt 27.02.24 (Annexure P/8) may also be set aside so far as it relates to Petitioner.

(ii) Issue any other writ, order or direction as this Hon'ble Court deems fit.

2. It is argued by the learned counsel for the petitioner that the relevant

clause of the Act was put to challenge by filing a vires petition and the same was considered by the Division Bench of this Court in WP No. 3640 of 2025 (Smt. Rajul Jain vs State of M.P. and others) in analogous hearing with other writ petitions, and thereafter, the Division Bench vide order dated 28.04.2025 has observed in para 53 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

NEUTRAL CITATION NO. 2025:MPHC-JBP:20932

2 WP-6933-2024 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- 10th 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 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 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.

3. It is argued that the case of the petitioner will be covered in the direction no. (b) of para 53 above issued by the Division Bench of this Court.

4. Counsel appearing for the State was directed to verify the aforesaid position and after due verification, he submits that the case of the petitioner can be considered in terms of the direction issued by the Division Bench of this Court in para 53 above.

NEUTRAL CITATION NO. 2025:MPHC-JBP:20932

3 WP-6933-2024

5. Considering the facts and circumstances as well as the fact that the lis is put to rest by the aforesaid judgment passed by the Division Bench of this Court, the case of the petitioner be considered by the authorities concerned in terms of the directions issued in para 53 of the said judgment. The entire exercise be completed within a period of 90 days from the date of receipt of certified copy of this order.

6. In above terms, the petition is disposed of finally.

(VISHAL MISHRA) JUDGE