Central Administrative Tribunal - Delhi
Rekha Rani vs Government Of National Capital ... on 5 January, 2012
Central Administrative Tribunal
Principal Bench
OA NO. 997/2011
with
OA No. 1595/2011
OA No. 2020/2011
OA No. 2147/2011
OA No. 2776/2011
OA No. 2613/2011
OA No. 3369/2011
OA No. 3534/2011
OA No. 2608/2011
New Delhi this the 5th day of January, 2012
Honble Shri G.George Paracken, Member(J)
Honble Smt. Manjulika Gautam, Member (A)
OA No.997/2011
Nisha Lakra
D/o Sh. Baljeet Singh
R/o H.No.629, Near Pole No.109,
Vill & PO Mundka, Delhi-110041.
Rekha Rani
D/o Sh. Rajender Singh
R/o House No.127, Vill. Naya Bans,
Delhi-110082.
. Applicants
(Present: Sh. Manoj Ohri)
Versus
Government of National Capital Territory of Delhi
Through Chief Secretary,
Delhi Secretariat,
I.P.Estate, New Delhi.
Delhi Subordinate Services Selection Board
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma,
Delhi-110092.
Health & Family Welfare Department
Govt. of NCT of Delhi,
Through Principal Secretary,
F-17, Karkardooma,
Delhi-110092.
Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane,
Opp. Mata Sundri College
Near I.T.O., New Delhi-110002.
.. Respondents
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-1595/2011
1. Rishi Raj Sharma
S/o Sh. Shyam Lal Sharma
Age 22 years.
R/o Vill& PO Harsana Tehsil Laxman Garh.
Dist. Alwar, Rajasthan
2. Dinesh Narayan
S/o Sh. Surya Prakash
Aged 23 years
R/o Village Jaithpura Post Jhak Via Bewar
Tehsil Bhim, District Rajasmand
Rajasthan
3. Hemendra Singh
S/o Sh. Pooran Singh
Age 23 years
R/o Vill & Post Ronija The Nadbai,
Bharatpur, Rajasthan.
4. Radhey Shyam
S/o Sh Ramswaroop
Age 23 years
R/o Moondwara Via Khoor
District Sikar Rajasthan
5. Ratan Lal Aula
S/o Sh Ram Narayan Aula
Age 23 years
R/o Plot No.116, Ridhi-sidhi- Nagar
Harnathpura, Kalwar road, Jhotwara,
Jaipur, Rajasthan
6. Mahesh Kumar
S/o Sh Rameshwar Lal
Age 23 years
R/o Vill Rixa Post Ghatura
Tehsil Nawan District Nagaur Rajasthan
7. Kistur Mal Balai
S/o Sh. Jeevan Ram
Age 23 years
R/o Vill Rixa Post Ghatura
Tehsil Nawan Nagaur
Rajasthan
8. Arjun Ram
S/o Sh. Ishwar Ram
Age 22 years
R/o Vill Nimbakabas Post via Maula the Didwara
District Nagpur, Rajasthan
9. Nirmal Kumar
S/o Sh Bhanwar Lal
Age 23 years
R/o Vill Bajor, Tehsil & Dist Sikar Rajasthan
10. Anil Kumar Jain
S/o Sh. Mahaveer Prasad Jain
Age 23 years
R/o C/o New Paras General Store (Bhanwata Wale)
Near New Bus Stand todaraisingh, District Tonk,
Rajasthan.
11. Pawan Kumar
S/o Chetan ram
Age 23 years
R/o Vill Gogatiya Charu, Rajasthan
12. Yushisthar Kumar
S/o Sh. Bhanwar Lal
Age 22 = years
R/o VPO Vill Ramsisar Via Dhandhan
The Fethpur, District Sikar, Rajasthan.
13. Mohit Sharma
S/o Sh Om Prakash Sharma
Age 21 years
R/o 42 Dayanand Nagar Behind Shubam Builders,
200 Feet road,
Alwar, Rajasthan
14. Anusuiya Budaniya
S/o Sh Sukh Dev Ram Budaniya
Age 22 years
R/o Optical Shop No.25, Madhina Market, Shadulpur
Churu Rajasthan
15. Neetu
D/o Omprakash
Age 24 years
R/o Vill Malsisar (Near Janana Hospital)
Dist Jhunjhune Rajasthan
16. Bhupendra Kumar Verma
S/o Sh Kishan Chand Verma
Age 23 years
R/o Vill & PO Umara Via Kacharia Wad
The Dante Ramgarh
District Sikar, Rajasthan
17. Amit Yadav
S/o SH. Kapoor Singh Yadav
Age 23 years
R/o Vill Jat ganwara Post Jathrama,
Dist. Alwar, Rajasthan. . Applicants.
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-2020/2011
1. Aarti Verma
D/o Sh. Ram Kumar Verma
Age 22 years
R/o 9/5601 Street No.12,
Old Seelampur Subhash Mohalla
Gandhi Nagar, Delhi-31
2. Ekta Sharma
D/o Sh Chandrapal Sharma
Aged 23 years
R/o 164-A, Behind NDPL Office,
Near Satguru General Store
Bawana Delhi-110039
2A. Kirti
D/o Sh. Ashok Kumar
Age 22 years
R/o H-1/290
Sultan Puri, Delhi.
3. Sonia
D/o Sh. Jaidev Singh Panchal
Aged 23 years
R/o E-470A, Hardev Puri Gali No.7
Shahdara, Delhi-10093
4. Sapana Rawat
D/o Sh Jagmohan Singh Rawat
Aged 23 years
R/o 565 Baba Colony Street No.4,
Delhi-110084.
5. Laxmi
D/o Sh Babu Singh
Aged 26 years
R/o D 760 Gali No.5 Ashok Nagar,
Delhi-110093
6. Saroj
D/o Sh Chanderpal Singh
Aged 25 years
R/o 198 A, Kishan Vihar
Delhi-110086.
7. Preeti Singh
D/o Sh.Ramesh Kumar
Aged 22 years
R/o RZ D2B, Bindapur Extension,
Uttam Nagar, Delhi.
8. Sarita
D/o Sh. Shamsher
Aged 24 years
R/o H.No. 266 Vill & PO Mundela Kalan,
Delhi-110073, Delhi.
9. Sonam Chaudhary
D/o Sh
Aged 23 years
R/o
Delhi. .. Applicants.
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma,
Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-2147/2011
Megha Tanwar
Aged 22 years
D/o Anil K Tanwar
R/o WZ 334 Nangal Raya, Lajwanti Chowk
Delhi-110046. . Applicant.
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-2776/2011
1. Neha Rathore
D/o Sh. Rajender Singh
Age 24 years
R/o Qr. No.23 & 24 Schedule B President Estate,
New Delhi.
2. Pratibha
D/o Sh. Vijay Kishore
Aged 21 years
R/o H-109 Sector 12, Pratap Vihar
Ghaziabad-201009, UP .. Applicants.
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-2613/2011
1. Preeti Saini
D/o Sh. Jagdish Saini
Age 22 years.
R/o B-19 Swarn Park, Nangloi
Delhi-41.
2. Nisha
D/o Sh. Laxmi Naryan
Aged 22 years
R/o 52/14 A Gali No.16,
Anand Parbat Nai Basti,
Delhi-110005.
3. Vidhya
D/o W/o Deepak Patel
Age 23 years
R/o 1003/29, Sector 7
Krishna Colony, Gurgaon Haryana.
4. Amrita
D/o Ran Singh
Age 23 years
House No.1107, Pana Paosian,
Narela, Delhi-40
5. Sneh
D/o Rajbir Singh
Age 23 years
R/o CN 1823 Gali No.14B Main Road
Swatantra Nagar, Narela, Delhi-40
6. Samita Kharb
D/o Sh Satbir Singh
Aged 24 years
R/o RZ 13/1 A Block Gopal Nagar Najafgarh,
Delhi.
7. Anju Yadav
D/o Satender Kumar Yadav
Aged 23 years
R/o RZ 24 A Gali No.10 East Sagar Pur Delhi-46.
8. Mamta
D/o Suresh Kumar
Age 23 years
R/o RZ 86 A Dharampura Colony Najafgarh
Delhi-43.
9. Neelam Lamba
D/o Jagbir Singh
Age 23 years
R/o 21D Lamba Pana Kotawali Gali
VPO Qutabgarh Delhi-39
10. Reeta Yadav
D/o Ram Kishan
Age 26 years
R/o 21D Lamba Pana Kotawali Gali
VPO Qutabgarh Delhi-39.
10A. Swati Through Suman Lata
D/o Suman Lata & Dev Kumar
Aged 22 years
R/o RZ M 76 Dharampura Najafgarh,
Delhi.
11. Preeti
D/o Umed Singh
Age 24 years
R/o RZ 6/1 E & F Block Gopal Nagar,
Najafgarh Delhi-43
12. Kala
D/o Chandan Singh
Age 25 years
R/o 2151/10 T-6A Jindal Flats New Patel Nagar,
Delhi-8.
13. Nisha Kumari
D/o Sukhvir Singh
Age 23 years
R/o H.No.34 VPO Mukhmelpur
Delhi-36.
14. Sonia
D/o Satbir Singh Rathore
Age 21 years
R/o H.No.718/30, Vikas Nagar Gali No.1
Kakroi Road, Senapat-131001.
15. Sumita
D/o Dayanand
Age 23 years
R/o DL 41 Near Radha Krishan Mandir,
Bazar Pana VPO Karala Delhi-81.
16. Anita
D/o Shyam Lal
Age 25 years
R/o D 486 Jahangir Puri
Delhi-33
17. Shalini Yadav
D/o Pradeep Yadav
Age 23 years
R/o WR-276/G Inderpuri(Near Gopal Sweets)
Delhi-12
18. Nisha
D/o Gaje Singh
Age 24 years
R/o H.No.246, Village Baporala PO Najafgarh
Delhi-43
19. Sweety Kumari
D/o Raj Kishore Prasad
Age 22 years
R/o H.No.246 Village Baporala PO Najafgarh
Delhi-43.
20. Mani
D/o Ashok Kumar
Age 23 years
R/o H.No.54 Pitampura Village Delhi-39.
21. Pratibha Surehatia
D/o MP Srehatia
Age 23 years
R/o H.No.557 Krishna Mandir Nangloi
Delhi-41.
22. Soniya Panwar
D/o Zile Singh Panwar
Age 25 years
R/o B-5/165 Sector 3,
Rohini
Delhi-3.
23. Monika
D/o Rajender Dev
Age 21 years
R/C/o Master Jaital Village Bamnoli PO Dhulstras
Delhi-77.
24. Chandrakala Yadav
D/o Giriraj Prasd Yadav
Age 26 years
R/o A 107 F4 FF Dishad Colony Shahdara,
Delhi-95
25. Suman Yadav
D/o Giriraj Prasd Yadav
Age 26 years
R/o A 107 F4 FF Dishad Colony Shahdara,
Delhi-95. Applicants
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-3369/2011
1. Preeti Gautam
D/o Sh. Ompal Singh Gautam
Aged 28 years
R/o H.No.187 Gautam Marg Johripur
PO Gokul Puri Delhi-94.
2. Jaya Kumari
C/o S.S.Mishra
D/o Sh Sumeshwar Nath Mishra
Aged 23 years
R/o D4 Reid line Opp Miranda House
Staff flat, University of Delhi,
Delhi-110007. .. Applicants
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-3534/2011
1. Poonam
D/o Sh.Krishan Kumar
Age 23 years
R/o 188/29 Shyam Nagar
Mehlana Road, Sonepat
Haryana. . Applicant
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi.
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
OA-2608/2011
1. Chhaya Rani
D/o Satyawan Singh
Aged 24 years
Village Aslatpur Khawod,
PO Daulatpur,
Dist Southwest New Delhi-43. Applicant
(By Advocate: Shri Manoj Ohri)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi
2. Delhi Subordinate Service Selection Board
Govt. of NCT of Delhi
FC-18, Institutional Area, Karkardooma,
Delhi-110092.
3. Health & Family Welfare Department
Govt. of NCT of Delhi
Through Principal Secretary
F-17 Karkardooma, Delhi-92.
4. Indian Nursing Council
Through its President
Combined Councils Building
Kotla Road, Temple Lane
Opp. Mata Sundri College
Near I.T.O. New Delhi-110002. .. Respondents.
(By Advocate: Ms.Renu George, Sh. V.S.R.Krishna,
Sh. B.N.P.Pathak and Ms. Alka Sharma)
O R D E R
Honble Shri George Paracken:
All these cases are identical in nature. The only minor difference is that the applicant Sh. Rishi Raj in OA No.1595/2011 has passed the Diploma in General Nursery and Midwifery from a recognized Institution in Rajasthan while all other applicants in other OAs have passed the similar Diploma from the recognized Institutes under the Govt. of NCT of Delhi.
2. The OA No.997/2011 filed by Ms. Nisha Lakra and Rekha Rani has been taken as the lead case and the facts mentioned therein are delineated here. In July 2006, the Applicants have joined the 3 & = years General Nursery and Midwifery course (GNM course for short) in different Institutes in Delhi recognized by the Delhi Nursing Council. They took their final examination in July 2009 and its result was published in November 2009. In continuation of final year examination held in July 2009, they have also underwent six months internship from 1.8.2009 to 31.1.2010 and thus completed 3 & = years GNM course and got themselves registered as Staff nurses with Delhi Nursing council. Prior to the year 2004, the duration of GNM all over India was only 3 years. However, for the first time in 2004, a decision was taken by the All India Nursing Council to revise the duration of GNM course from 3 years to 3 & = years with six months of internship but the said decision was not uniformly implemented in all the States in India. However, the Govt. of NCT of Delhi implemented the said decision in 2004 itself whereas the neighbouring States like Punjab implemented the same in 2005. But Haryana continued with its 3 years Diploma in GNM course even in the year 2006. As the aforesaid decision of the All India Nursing Council was not uniformly implemented, the students who have enrolled themselves for the GNM course in Delhi and Haryana at the same time passed out at different times. While the students who have joined GNM course (including 6 months of internship) in Delhi in July 2006 passed out only in January 2010, the students who have joined GNM course in State of Haryana passed out in November 2009 itself but without the 6 months internship. As a result, those who have completed the GNM course without the 6 months internship became eligible for applying to the post of Staff Nurse advertised by Delhi Subordinate Services Selection Board (DSSSB for short) but the students from the Govt. of NCT of Delhi could not become eligible to apply as they were still doing the internship after completing the three years course. Aggrieved by the aforesaid anomalous and discriminatory situation, some of the affected candidates have earlier filed WP(C) No.9114/08 Rashmi Dhara & ors. vs. GNCT & ors., before the High Court of Delhi. The High Court in its judgment dated 30.5.2009 allowed the petitions filed by the petitioners who received the certificate of qualification from Delhi Nursing Council. The relevant part of the said judgment is as under:
17. The Delhi Subordinate Services Selection Board or DSSSB invited applications form eligible candidates for various posts by way of an advertisement no. 09/2007 dated 7/1/2008. The petitioners herein W.P. (C) No. 9114/08 Page 15 of 32 submitted their applications for the post of staff nurse? and auxillary nurse (midwife)? in the Department of Health and Family Welfare in Govt. of NCT of Delhi. The petitioners were allocated roll numbers and they appeared in the exams also. Later, the respondents had published a list of selected candidates, who had qualified the written examination by publishing the result, which were displayed on the notice board on 11.7.2008. The respondents had published another list of selected candidates only with roll numbers by giving a publication in the newspaper on 29.7.2008, which contained names of those persons, who did not even qualify the preliminary examination and the names of some of the candidates were missing from the said list on 29.7.2008. Therefore, a writ petition bearing WPC No. 5731/2008 was filed by few of such candidates and court directed the respondents to come out with proper list, without any errors, of selected and unselected candidates. After complying with the said orders the respondents came out with the proper list of selected and unselected candidates and in this list the petitioners were found ineligible since they did not possess the requisite qualification as on the closing date for receipt of applications. Aggrieved with the same, the present petitions have preferred by the petitioners.
Xxx xxx xxx
24. In the case of candidates/petitioners who received their certificate of qualification from Delhi Nursing Council, respondent no. 5, Indian Nursing Council clarified that since all the states did not uniformly implement the new syllabus, which included 6 months period of internship and extended the period of GNM course from 3 years to 3 and a half years for the General Nursing and Midwifery course (GNM) and only Delhi implemented the said new syllabus, therefore, for the academic year 2004-2005, the course of study of GNM course would only be three years. The petitioners belonging to this category undertook their exams in September/October 2007 and their mark sheets for final year was published on 21/12/2007, which is much prior to the cut-off date of 21/1/2008 for the recruitment/selection process under challenge.
25. Thus, it is manifest that if we ignore the 6 months training period from the course of GNM in case of Delhi candidates, then they had completed their course in September/October, 2007 and had received W.P. (C) No. 9114/08 Page 22 of 32 their marksheets for final year on 21.12.2007. therefore, if there is no other fallacy in their candidature, then Delhi candidates were eligible as on the cut off dated of 21.1.2008. To deprive Delhi candidates due to non completion of six months training when already candidates for other states were found eligible even in the absence of six months training will certainly result in causing a hostile discrimination viz-a- viz Delhi candidates. Therefore, they succeed in their claim made herein.
Xxx xxx xxx
38. In view, of the foregoing discussion, the petitions filed by petitioners who received certificate of qualification from Delhi Nursing Council is allowed and the result dated 15/12/2008 declared by respondent no. 3 is quashed and respondent no. 3 is directed to restore the result declared on 29/7/2008, so far as petitioners who received certificate of qualification from Delhi Nursing Council are concerned. Respondent is further directed to consider these petitioners for appointment on the post of nurse staff in terms of result dated 29/7/2008 as per their merit.
3. In the present case also, according to the applicants, the situation is similar resulting in discrimination qua Delhi candidates vis-`-vis candidates from other States. In the month of December 2009, DSSSB issued an advertisement No.004/09 for the post of Staff Nurse against Post Code No.77/09 for various hospitals under respondent No.3, namely, Department of Health & Family Welfare, Govt. of NCT of Delhi. The cut off date for filing the application was 15.1.2010. The applicants had completed 3 years GNM course in July 2009 (result declared in November 2009) and completed their 6 months internship on 31.1.2010. Thereafter, they were registered with Delhi Nursing Council. The applicants have applied for the aforesaid post. They have qualified in the written examination the result of which has been published on 27.1.2011. Their names were also included in the combined merit list. All of them got marks above the cut off marks prescribed for various categories. Despite the above facts, they have not been selected with the remark that pending implication of High Court order. According to the applicants, the anomaly has occurred as a result of different duration of GNM course conducted by the Delhi, Haryana and other States. While the cut off date for submitting the examination was 15.1.2010, the candidates from Delhi and Haryana applied for the same job under the Post Code No.77/09. The candidates of Haryana had finished their 3 years course (without the six months internship) before the cut off date. The candidates from the Delhi though finished their 3 years course before the cut off date (November 2009) but they were still going through the internship and completed the 3 & = years course only on 21.1.2010. In the judgment of the High Court in the case of Rashmi Dharas case (supra), it has been stated that all the candidates who have done 3 & = years GNM course in Delhi (course joined in academic year 2004-05 and course completed in March 2008) should be considered at par with those who had done 3 years course from neighbouring States (course joined in academic year 2004-05 & course completed in November/December 2007).
4. Respondent No.4, namely, the Indian Nursing Council in their reply has submitted that in order to ensure uniform standard of training for nurses, midwives and health visitors all over the country, as mandated by the 1947 Act of Parliament, the Indian Nursing Council has been given powers to recognize qualifications in these fields being awarded by various authorities. The Indian Nursing Council has the responsibility of prescribing uniform course of study all over the country and for this purpose syllabuses are prepared and published by the Indian Nursing Council. It was to empower nurses with hand on job experience and training that it was found desirable to introduce internship programme for completion of degree/diploma in nursing also.
5. Respondent No.2, namely, the DSSSB in its counter affidavit has submitted that the applicant did not possess the requisite qualification as on the closing date for receipt of application. Therefore, their candidatures were kept pending vide result notice No. 14 dated 27.1.2011. In view of the orders of the Honble High Court of Delhi dated 30.5.2009 in Rashmi Dharas case (supra), the candidates who were undergoing the extended period of internship of 6 months on the cut off date were allowed to be considered for the post if there was no other fallacy in their candidature and was otherwise eligible as they were subjected to anomaly since their counter parts who had done the diploma in GNM course from Haryana completed the same course in three years without undergoing the additional six months internship period. This discrimination arose as the State of Haryana did not introduce the extended period of 6 months of internship in their curriculum whereas Nursing Council of Delhi introduced the same and the tenure of diploma of GNM was extended from 3 to 3 & = years. In the light of the aforesaid judgment the clarification was sought from the User Department, namely, the Health and Family Welfare Department, Govt. of NCT of Delhi. Vide their letter dated 31.3.2011, they have clarified that the candidates who fulfill the requirement of educational qualification as specified in the statutory Recruitment Rules of staff nurse on the cut off date be only nominated. Since the applicants were not having the requisite qualification as on the cut off date i.e. 15.01.2010, the Board was left with the no option but to reject the candidatures of all those who obtained the requisite qualification after the cut off date specified for the post. Therefore, the candidature of the applicants were cancelled vide result notice No.37 dated 4.7.2011.
6. We have heard the learned counsel for the applicant and learned counsel for the respondents. The only question involved in this case is whether the judgment of the Honble High Court of Delhi in Rashmi Dharas case (supra) would apply in the present case also. The comparative analysis of the two cases would reveal that the present case is fully covered by the aforesaid judgment of the Honble High Court. The applicants in Rashmi Dharas case (supra), the advertisement bearing No.09/07 was notified by the respondent DSSSB for the post of Staff Nurses with the Post Code No.170/07. The petitioners in the said case submitted their applications for the post of Staff Nurses and Midwifery course in the Health and Family Welfare Department, Govt. of NCT of Delhi. The last date of submitting the application was 21.1.2008. The petitioners were undergoing 3 & = years nursing course including 6 months internship. They joined the course for the academic year 2004-05. On completion of 3 years course, they took the examination in October 2007 and they also obtained their mark list on 21.12.2007, which was much prior to the cut off date of 21.1.2008. However, they have continued with their internship for 6 months and the same got completed only by March 2008. However, the other candidates from Haryana and other States, who did not undergo the 6 months internship had already obtained their certificates of nursing of 3 years duration prior to the cut off date, i.e. 21.1.2008.
7. In the present case, the applicant joined the 3 & = years, general nursing and midwifery course in July 2006 in different institutes in Delhi recognized by Delhi Nursing Council. They took their final examination in July 2009 and its result was published in November 2009. Thereafter, they underwent 6 months internship from 1.8.2009 to 31.1.2010 and thus completed the 3 = years of course on 31.1.2010. The last date of submission of application was 15.1.2010. The 3 years period of their course was completed in July 2009 and the result was declared in November 2009. Taking into consideration of only the 3 years of duration of course, their applications were well within the cut off date. However, the internship was completed only on 31.1.2010. If the date of completion of internship is to be taken into consideration, their applications cannot be accepted. But as in the case of Rashmi Dharas case (supra), similarly situated persons from other States like Haryana who joined the course during the year 2004-05, completed their 3 years diploma before the cut off date and obtained their certificates. Since they have not undergone the internship of 6 months, they were treated as qualified. The applicants herein have also completed 3 years period of diploma within the cut of date but obtained the certificate of their internship after the cut off date.
8. In our considered view, the cases of all the applicants in these Original Applications are squarely covered by the judgment of Honble Delhi High Court Rashmi Dharas case (supra). Therefore, the applicants have to be treated as eligible for appearing in the examination conducted by the DSSSB with the cut off date as 15.1.2010. We, therefore, allow this OA and set aside the result notice No.14 dated 27.1.2011 declared by the DSSSB. Consequently, the applicants are declared as selected for the post of Staff Nurses and they are entitled for the appointment with immediate effect. The respondent DSSSB is directed to forward their dossiers to the User Department within one month from the date of receipt of a copy of this order. Thereafter, they shall be appointed by the respondent No.3, namely, Health and Family Welfare Department, Govt. of NCT of Delhi immediately, after getting the dossiers from the DSSSB, if they are otherwise eligible for such appointment. Applicant shall also be entitled for all consequential benefits except backwages as in the case of their counter parts who have already been appointed in terms of the same examination held by the DSSSB. There shall be no order as to costs.
9. Before we part with this order, we observe that the controversy which has arisen in this case could have been avoided if the User Department and DSSSB had spelt out in clear and unambiguous terms that the requisite qualifications of GNM is of 3 years duration with 6 months internship programme as decided by the Indian Nursing Council.
( Manjulika Gautam ) ( George Paracken )
Member (A) Member (J)
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