Uttarakhand High Court
Shashi Rana vs State Of Uttarakhand & Others on 17 November, 2018
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 3823 of 2018
Shashi Rana ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
With
Writ Petition (S/S) No. 3719 of 2018
Smt. Geeta Tiwari & Another ......Petitioners
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3709 of 2018
Santosh Giri ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3703 of 2018
Sunita Dasila ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3725 of 2018
Smt. Shalini Arya ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3726 of 2018
Smt. Mamta Banola ......Petitioner
Versus
2
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3727 of 2018
Km. Sarita ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3728 of 2018
Smt. Beneeta Joshi ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3729 of 2018
Km. Deepa Arya ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3731 of 2018
Pooja Ratan Arya ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3755 of 2018
Parvati ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3756 of 2018
Km. Baljeet Kaur ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
3
Writ Petition (S/S) No. 3757 of 2018
Sapna Kamboj ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3758 of 2018
Smt. Nishi Rana ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3761 of 2018
Smt. Geeta Devi ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3803 of 2018
Sonam Nautiyal ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3804 of 2018
Smt. Sangeeta ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3805 of 2018
Smt. Pooja ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Writ Petition (S/S) No. 3806 of 2018
4
Mamta Bijalwan ......Petitioner
Versus
State of Uttarakhand & Others .......Respondents
Present:
Mr. Devendra Singh Bohra, Mr. Bhagwat Mehra, Mr.
Narendra Bali, and Mr. Chitrarth Kandpal, Advocates for
the petitioners.
Mr. N.P. Sah, Standing Counsel, for the State of
Uttarakhand.
Hon'ble Sudhanshu Dhulia, J. (Oral)
Counter affidavit filed by the respondent no. 2/ Director General, Medical, Health and Family Welfare, Uttarakhand in WPSS No. 3703/2018 is taken on the record. Application made therefor ((IA 9501/2018) stands disposed of.
All the petitioners before this Court have done their intermediate with science stream. Subsequently they applied for the post of Auxiliary Nurse Midwifery (ANM) and were declared successful. Their names have also been recommended by the Director General, Health, Medical and Family Welfare, Uttarakhand for their appointment, but the appointment is not being given to them.
The controversy seems to be regarding candidates who have done their intermediate from arts or humanities stream as, according to learned Standing Counsel, such candidates are not eligible. However, since there is no such controversy with the petitioners, there is no reason to deny them the appointment. Reference of 9 such candidates has been made who are similarly situated to the present petitioners and they have been given appointment.
In paragraph 6 of the counter affidavit filed by the Director General, Medical, Health and Family Welfare, Uttarakhand, reference is given to the order of the Hon'ble 5 Apex Court passed on 18.5.2018, on the basis of which the appointment has been given to the aforementioned 9 persons. Paragraph 6 of the counter affidavit reads as under:
"6. That in reply to the contents of Paragraph No. 12 of the writ petition it is submitted that on the I.A. No. 70388/2018 in SLP(C) No(s). 6919-6922/2018, Suman Devi and Others Vs. State and Others, which has been decided on 18.05.2018. The Hon'ble Supreme Court has pleased and passed the order as follows:-
"IA NO. 70388/2018 in SLP(C) Nos. 6919-6922/2018 I.A. No. 70338/2018 is allowed. Learned counsel for the applicant(s) points out that the applicant(s) are from the Science stream and there cannot be any direction with regard to their appointment. It is also pointed out that they have already been appointed in March, 2018 but they are not assigned any work or paid salary.
The respondent(s) are directed to assign work to the applicant(s) and similarly situated nurses and pay their salary as well."
In compliance of the Hon'ble Supreme Court order, the writ petitioners have been allotted the work placed by the concerned CMOs."
Case of the present petitioners is also on the similar footing as they also have done their intermediate with science stream.
6In view thereof, as an interim measure, it is hereby directed that the petitioners shall also be given appointment within two weeks from the date a certified copy of this order is produced. However, it is made clear that the said appointment of the petitioners shall be provisional in nature and shall be subject to the final determination of these writ petitions.
All the interim relief applications stand disposed of.
List after two weeks in the daily cause list.
Registry shall issue certified copy of this order today itself on payment of prescribed charges.
(Sudhanshu Dhulia, J.) 17.11.2018 Prabodh