Madhya Pradesh High Court
Swati Jhariya vs National Health Mission on 16 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 16 th OF JANUARY, 2023
WRIT PETITION No. 1061 of 2023
BETWEEN:-
1. SWATI JHARIYA W/O SUNIL JHARIYA R/O 1518/64,
GARHA WARD NAVNIVESH COLONY GARHA
GANGA NAGAR PAURUWA, JABALPUR (MADHYA
PRADESH)
2. RAJESHWARI KOSHTA W/O HIMANSHU
KOLHATKAR J-4 BLOCK SAINIK SOCIETY SHAKTI
NAGAR JABALPUR (MADHYA PRADESH)
3. SUNITA RATHORE D/O VISHNU RATHORE
SAMATPUR, ANUPPUR (MADHYA PRADESH)
4. MEENAKSHI PATEL W/O UMESH PATEL INFRONT
OF SHARDA MANDIR DISTRICT SAGAR (MADHYA
PRADESH)
5. MOHINI GUPTA W/O LAL JI MAUGANJ, POST
REWA (MADHYA PRADESH)
6. KEERTI BHONDELE D/O LAKSHMI NARAYAN
B HON D ELE R/O VILLAGE GAILWARA, POST
HISTONE TEHSIL PRITHVIPUR, DISTRICT
TIKAMGARH (MADHYA PRADESH)
7. NEELAM RAGHUWANSHI D/O JITENDRA
R AGHUVAN SHI VILLAGE DHIMROLI TEHSIL
GANJ BASODA DISTRICT VIDISHA (MADHYA
PRADESH)
8. ARTI GUPTA D/O JAWAHAR LAL GUPTA WARD
NO21, BEHIND NEW GALLA MANDI, PATE PUL
SIDHI (MADHYA PRADESH)
9. REENA RAI D/O HARI NARAYAN BAI VILLAGE
Signature Not Verified
SAN
JHAMJHIRI TEHSIL UDAIPURA, DISTRICT
RAISEN (MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST
10. RAJNI UPADHYAY W/O VINOD UPADHYAY
2
VILLAGE HANSRAI, POST MASURHAI, DISTRICT
SAGAR (MADHYA PRADESH)
11. RASHMI SEN W/O RAJKUMAR SEN 1125/37
SHIVAJI NAGAR BHOPAL (MADHYA PRADESH)
12. GEETA SEN W/O GOVIND SEN VILLAGE JHUNKU
SANJAY NAGAR TEHSIL DEVRI KALA DISTRICT
SAGAR (MADHYA PRADESH)
13. KESHKALI PAL W/O NARMADA PAUL ADHARTAL
JABALPUR (MADHYA PRADESH)
14. SANDHYA CHAUHAN D/O KALYAN SINGH HOUSE
NO.119, POST KHEDI, KHANDWA, RAI KHUTWAI,
EAST NIMAR (MADHYA PRADESH)
15. POOJA PATEL D/O BHAGWANDAS PATEL 1768
NARSINGH NAGAR RANJHI JABALPUR (MADHYA
PRADESH)
16. MANJU SHARMA D/O LAXMI NARAYAN SHARMA
ANAND NAGAR JHUGGI JHOPDI UJJAIN
(MADHYA PRADESH)
17. SUSHILA BHABAR D/O BADHASINGH VILLAGE
UDALI KUSHI DHAR (MADHYA PRADESH)
18. PRIYANKA PARMAR D/O DAULAT RAM PARMAR
SANJAY COLONY RAJGARH WARD NO.3 TEHSIL
SARDARPUR DHAR (MADHYA PRADESH)
19. BHAGYASHREE RATHORE W/O LAXMAN
RATHORE 10 FADKE MARG RAJENDRA PRASAD
WARD DISTRICT DHAR (MADHYA PRADESH)
20. MADHUBALA D/O DHANNALAL VILLAGE
KACHARULAL CHAMAAR DISTRICT MANDSAUR
(MADHYA PRADESH)
21. RANU BERDE D/O MUNNALAL BERDE VILLAGE
ANAKVADI POST BISTAN DISTRICT KHARGONE
(MADHYA PRADESH)
22. MANISHA NAGAR W/O DINESH NAGAR 15
VIKRAM NAGAR RAILWAY STATION UJJAIN
Signature Not Verified
SAN
(MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST
23. KAVITA SHARMA D/O HARIBABU HOUSE NO.23
WARD NO.1 POST MUWALA MANDSAUR
3
(MADHYA PRADESH)
24. YASHODA SINGAR D/O NARENDRA SINGAR
VILLAGE LABARIYA TEHSIL DARDARPUR
DISTRICT DHAR (MADHYA PRADESH)
25. REKHA HATILA W/O RAKESH HATILA VILLAGE
PIPLIPADA, POST DHEKALBADI, TEHSIL AND
DISTRICT JHABUA (MADHYA PRADESH)
26. RANGI DHURVE W/O KONDIMA RAO BUNASA
DAM NARMADA NAGAR MUNDI (MADHYA
PRADESH)
27. RINKU PATEL D/O NARENDRA DADAJI WARD
NEAR DIVYAJYOTI SCHOOL, KHANDWA
(MADHYA PRADESH)
28. KIRAN PANCHOLI D/O NOT MENTION VILLAGE
DEVANLIMA BLOCK BHAGWANPURA DISTRICT
KHARGONE (MADHYA PRADESH)
29. RAM KANYA BADOLE D/O RAJARAM BADOLE
TEHSIL MANDWARA DISTRICT BADWANI
(MADHYA PRADESH)
30. KAVITA CHAUDHARY D/O DOULATRAM
CHAUDHARY 65/ BAHURAMPUTRA AZAD NAGAR
(MADHYA PRADESH)
31. ANJU SINGH CHAUHAN W/O YASHPAL SINGH
PUNARVAS COLONY MANSINCHAI KHEDA DHAR
(MADHYA PRADESH)
32. BEENA DEVAL W/O BALRAM DEVAL VILLAGE
PANPURA DISTRICT DHAR (MADHYA PRADESH)
33. SEEMA PAL W/O NITESH PAL VEERPUR
KUNDLESHWAR KHANDWA (MADHYA PRADESH)
34. REKHA CHAUHAN D/O OMPRAKASH CHAUHAN
KISAN MOHALLA WARD NO.14 MUNDI BLOCK
PUNASHA DISTRICT KHANDWA (MADHYA
PRADESH)
35. SAPNA GUPTA D/O MATHURA PRASAD GUPTA
VILLAGE POST PADMANIYA KHURD TAHSIL
Signature Not Verified
SAN SOHAGPUR (MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST 36. ANUSUIYA SAIYYAM D/O PAHARI SINGH VILLAGE
MURTA, POST NIGHARI BHANPUR, TEHSIL AND
4
DISTRICT DINDORI (MADHYA PRADESH)
37. ANITA TEKAM W/O VINOD TEKAM VILLAGE
KANSHKHEDA POST MAND DISTRICT MANDLA
(MADHYA PRADESH)
38. DRAUPADI RATHORE W/O TIKAM SINGH
VILLAGE CHORBHATHI, POST GORSI, DISTRICT
ANUPPUR (MADHYA PRADESH)
39. PREETI SINGH D/O ANIL SINGH VILLAGE
HARDUA POST UMARIYA (BAKELI) DISTRICT
UMARIYA (MADHYA PRADESH)
40. SABARMATI SINGH D/O RAMAYAN SINGH
VILLAGE GODARU POST PAILWAAH DISTRICT
SHAHDOL (MADHYA PRADESH)
41. MANORAMA MARKAM D/O MANSUKH SINGH
M A R K A M VILLAGE SONDHA POST MAWAI
DISTRICT MANDLA (MADHYA PRADESH)
42. ISHWARI DARKESH W/O RAMKUMAR SANT
WARD NO.11 BUDHAR LALPUR SHAHDOL
(MADHYA PRADESH)
43. ARCHANA AHIRWAR D/O RAJU AHIRWAR 738 VFJ
ROAD RANJHI RAMNAGAR JABALPUR (MADHYA
PRADESH)
44. POONAM VERMA D/O SACHIN VERMA WARD
NO.6 KUNDA PHATAK CHAURAI DISTRICT
CHHINDWARA (MADHYA PRADESH)
45. KAVITA PAL D/O GANESH PRASAD PAL WARD
NO.3 NEAR POLICE THANA JUNNARDEO
DISTRICT CHHINDWARA (MADHYA PRADESH)
46. SHARDA NEVARE W/O DEVANAND NEVARE
WARD NO.7 TALUKA KALI MATI TEHSIL LAANJI
DISTRICT BALAGHAT (MADHYA PRADESH)
47. GEETA JEEBKATE W/O ANIL BHURE
VIVEKANAND WARD FOREST COLONY KATANGI
NAKA SEONI (MADHYA PRADESH)
48. RANI PARTETI D/O SHIV DAYAL PARTETI POST
Signature Not Verified
SAN PATNIYA BADEGAON TEHSIL AMARWADA
DISTRICT CHHINDWARA (MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST
49. APARNA KOCHE D/O VINAYAK RAO KOCHE POST
5
LINGA TEHSIL MOHKHED DISTRICT
CHHINDWARA (MADHYA PRADESH)
50. VEENA SHUKLA W/O ASHUTOSH SHUKLA SEONI
ROAD KATANGI BALAGHAT (MADHYA PRADESH)
51. RADHA YADAV W/O RAMESH YADAV PALGA
GANGAI DISTRICT SEONI (MADHYA PRADESH)
52. NIKITA NAKWAL D/O DINESH KUMAR WARD
NO.9 SHUJALPUR ROAD KASHI MOHALLA OLD
PACHOR TEHSIL PACHOR DISTRICT RAJGARH
(MADHYA PRADESH)
53. REWATI VERMA D/O BHAGWATI PRASAD VERMA
VILLAGE UMRED TEHSIL BYAVARA POST
GANGAUNI DISTRICT RAJGARH (MADHYA
PRADESH)
54. LALITA MALVIYA W/O GOVARDHAN LAL
VILLAGE JAWASA POST BORKHEDI TEHSIL AND
DISTRICT NEEMUCH (MADHYA PRADESH)
55. LAKSHMI VERMA W/O LAKHAN LAL VERMA
VILLAGE NARELA POST TEELAKHEDI TEHSIL
HUZUR DISTRICT BHOPAL (MADHYA PRADESH)
56. RANI BANSIWAL W/O DHULCHANDRA BANSIWAL
81 HATHIPURA GALI NO.2 UJJAIN (MADHYA
PRADESH)
57. RACHNA RAJPUT W/O JITENDRA RAJPUT
VILLAGE JOGLA POST CHHIDGAON TEHSIL
NASRULLAGANJ DISTRICT SEHORE (MADHYA
PRADESH)
58. SHAKILA MANSURI W/O ZULFIKAR VILLAGE
CHHAIGAON DEVI RATHORE MOHALLA
CHHAIGAON DEVI SURGAON JOSHI DISTRICT
KHANDWA (MADHYA PRADESH)
59. MANJU KUSHWAHA D/O SHYAM LAL KUSHWAHA
HOUSE NO. 400 STREET NO.38 C BLOCK BAIRASAI
ROAD SHARDA NAGAR NARIYAL KHEDA WARD
NO.12 BHOPAL (MADHYA PRADESH)
60. SHARDA MACHAR D/O BHURJI MACHAR
Signature Not Verified
SAN VILLAGE BAIDAVALI POST TEHSIL MEGNAGAR
DISTRICT JHABUA (MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST
61. ANJU KUSHWAHA W/O SUVAS SINGH HOUSE NO.3
6
GANESHPURI WARD NO.43 DEWAS (MADHYA
PRADESH)
62. ARTI PARMAR W/O RAJESH PARMAR VILLAGE
CHAINPURA TEHSIL ICHAWAR, POST JAMUNIA
DISTRICT SEHORE (MADHYA PRADESH)
63. HEMLATA DAANGI D/O RAMKAILASH DANGI
VILLAGE BARKHEDA TEHSIL KHUJNER
DISTRICT RAJGARH (MADHYA PRADESH)
64. SEEMA MALVIYA W/O RAJENDRA MALVIYA
VILLAGE BARKHEDIMAAN WARD NO.17
BARKHEDA KAAYAM POST VIJAYAGANJ MANDI
TEHSIL AND DISTRICT DEWAS (MADHYA
PRADESH)
65. POOJA RATHORE W/O SURESH VILLAGE
BHARAWAL POST NAZIRABAD DISTRICT BHOPAL
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AJUN SINGH - ADVOCATE)
AND
1. NATIONAL HEALTH MISSION BHOPAL 8, ARERA
HILS BHOPAL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH
MINISTRY OF HEALTH AND FAMILY WELFARE
6TH FLOOR SATPUDA BHAWAN BHOPAL
(MADHYA PRADESH)
3. STRATEGIC ALLIANCE MANAGEMENT SERVICES
(SAMS) PVT LIMITED ADDRESS 1/1-B (GROUND
FLOOR) CHOUDHARY HETRAM HOUSE BHARAT
NAGAR NEW FRIENDS COLONY NEW DELHI
110025 (DELHI)
4. MADHYA PRADESH NURSING REGISTRATION
COUNCIL BHOPAL NO.12 GOMANTIKA PARISAR
3RD FLOOR BHADBHADA ROAD BHOPAL
(MADHYA PRADESH)
5. COMMISSIONER HEALTH DIRECTORATE OF
Signature Not Verified
HEALTH SERVICES 6TH FLOOR SATPUDA
SAN
BHAWAN BHOPAL (MADHYA PRADESH)
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.01.16 18:23:46 IST
.....RESPONDENTS
7
(SHRI BAMHADATT SINGH - ADVOCATE FOR THE RESPONDENT NO.1
AND SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NO.2 & 6)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
Names of petitioner No.7, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 52, 53, 54, 56, 60, 61, 63 and 64, be deleted from the array of petitioners with liberty to file appropriate proceedings before appropriate Bench i.e. Indore/Gwalior Bench.
Let necessary correction be carried out during the course of the day. Accordingly, this petition, so far as it relates to aforementioned petitioners, is dismissed as withdrawn, however, they will be at liberty to file a fresh petition before the appropriate Bench.
So far as remaining petitioners are concerned, their grievance is that these petitioners had undergone two years training conducted by State of Madhya Pradesh through Narsingh Midwife Training Center. After undergoing said training, petitioners applied for the post of Auxiliary Nursing Midwife (ANM). This advertisement was issued on 09.11.2022. Date to commence submission of forms was prescribed as 16.11.2022 and last date for filling up of the forms was 12.12.2022 upto 11.59 P.M. This advertisement is enclosed by the petitioners themselves as Annx.A/4.
Petitioners' contention is that despite fulfilling all the qualifications, petitioners have been shown to be disqualified as is evident from Annx.A/5, Signature Not Verified SAN where it is mentioned under the head of screening status; "NOT ELIGIBLE."
Digitally signed by ASHWANI PRAJAPATI Date: 2023.01.16 18:23:46 ISTPetitioners' contention is that when petitioners were allowed to undergo 8 training of two years, at that time, no such qualification was prescribed that one should pass Higher Secondary/12th under 10+2 Education System with Biology, Chemistry and Physics subjects, therefore, now respondents cannot prescribe a condition and debar the petitioners.
Shri Bramhadatt Singh, learned counsel for National Rural Health Mission, in his turn, submits that it is evident from Annx.A/4 itself, that condition of passing of the necessary exam with Biology, Chemistry and Physics is mentioned in the advertisement. This term has been incorporated because NRHM as practice incorporates the terms and conditions for appointment on an equivalent post, as have been prescribed by the State Government for recruitment to be made by the State Government under its recruitment Rules. Shri Bramhadatt submits that State of Madhya Pradesh carried out amendment and published it in Gazette on 02.02.2019, amending the M.P. Public Health and Family Welfare Department, Non-Ministerial (related to the Directorate of Health Services) Class-III, Service Recruitment Rules, 1989, incorporating a condition of passing Higher Secondary Examination/12th Examination in 10+2 Education System with Biology, Chemistry and Physics.
After hearing learned counsel for the parties and going through the record, it is evident that when advertisement was issued, petitioners were very well aware of the fact that the prescribed qualification is to have passed Higher Secondary/12th under 10+2 Education System with Biology, Chemistry and Physics as subjects. Therefore, in the advertisement itself when a condition is incorporated, petitioners could have either challenged that condition by filing Signature Not Verified SAN appropriate legal proceedings or should not have applied. When admittedly, Digitally signed by ASHWANI PRAJAPATI they do not possess the qualification as was advertised as is contained in Date: 2023.01.16 18:23:46 IST 9 Annx.A/4, therefore, rejection of their candidate showing them to be not eligible, as is reflected from Annx.A/5, cannot be said to be illegal or arbitrary.
Thus, petitioners having failed to fulfill the qualification prescribed in the advertisement cannot seek any indulgence in the matter of recruitment which is to be made in consonance of the terms and conditions prescribed under the Recruitment Rules/Advertisement.
Accordingly, petition fails and is dismissed.
(VIVEK AGARWAL) JUDGE A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2023.01.16 18:23:46 IST