Central Administrative Tribunal - Chandigarh
Kanta Devi vs Aiims on 25 July, 2025
1 OA No.63/959/2023 CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No. 63/959/2023 Chandigarh, this the 25th day of July, 2025 HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J) HON'BLE MRS. ANJALI BHAWRA, MEMBER (A) 1. Kanta Devi, aged 30 years, D/o Sh. Govind Ram Thakur working as Nursing Coordinator, AIIMS, Bilaspur (HP), resident of Room No.110, PG Married Hostel A, AIIMS, Bilaspur (HP)-174001 (Group-B). 2. Anchal Sharma, aged 25 years, D/o Sh. Naresh Kumar, working as Nursing Coordinator, AIIMS, Bilaspur (HP), resident of Room No.205, PG Married Hostel A, AIIMS, Bilaspur (HP)-174001 (Group-B). 3. Shailja Sharma, Aged 29 years, D/o Sh. Purushotam Dass Sharma, working as Nursing Coordinator AIIMS, Bilaspur (HP), resident of Shastri Sadan, Ward No.11, VPO, Lakhanpur, District Bilaspur (HP)-174001 (Group-B) 4. Namisha Kapila, Aged 26 years, D/o Sh. Vinod Kumar Kapilaworking Nursing Incharge/ Trauma & Emergency, AIIMS, Bilaspur (HP), resident of Room No.501, PG Married Hostel A, AIIMS, Bilaspur (HP)-174001 (Group-B). 5. Urvashi, Aged 25 years, D/o of Sh. Vir Bhushan, working as Nursing Incharge/NICU, AIIMS, Bilaspur (HP), resident of Room No.304, PG Married Hostel A, AIIMS, Bilaspur (HP)-174001 (Group-B) 6. Anchal Kumari, Aged 28 years, D/o Sh. Munshi Ram, working as Nursing Incharge/ Orthopaedics, AIIMS, Bilaspur (HP), resident of Room No.505, PG Married Hostel A, AIIMS, Bilaspur (HP)-174001 (Group-B). 7. Sonu, Aged 28 years, D/o Sh. Babu Ram, working as Nursing Incharge/Gynae. Emergency, AIIMS,Bilaspur(HP),residentof#551, Ramdarbar, Phase-2, Chandigarh -160002. (Group-B). 8. Seemakshi,Aged29years,D/oSh.SureshKumar,workingasNursing Officer/IPD, AIIMS Bilaspur (HP), resident of village Gaggal Har, PO Gaggal Khas, Tehsil Dhira, District Kangra (HP)-176101 (Group-B). 9. Shivani Chaudhary, Aged 32 years, D/o Sh. Lekh Raj Chaudhary, working as Nursing Officer, AIIMS Bilaspur (HP), resident of VPO Baldhar Tehsil Nagrota Bhagwan, District Kangra (HP)-176047. (Group-B). BHANU PARTAP 2025.08.22 16:17:27+05'30' 2 OA No.63/959/2023 10. Shiwani Thakur, Age 27 years, D/o Sh. Rajender Kumar, working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Room No.310, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 11. Anjna, Age 31years, D/o Sh. Pratap Singh workingasNursingOfficer Incharge / ICU AIIMS Bilaspur (HP) R/o Village Bhalech PO Sarion, Theog Distt Shimla (HP) (Group-B). 12. Aarti Rawat, Age 27 years, D/o Sh. Arjun Singh Rawat, working as Nursing Incharge, Medicine Ward, AIIMS Bilaspur (HP)R/o#No.395, Sector-38 (West) Chandigarh-160014 (Group-B). 13. BhanuSood,Age29years,D/oSh.SanjeevSood,workingasNursing InchargeNephrologyWard,AIIMSBilaspur(HP),R/oRoomNo.501,PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 14. Poonam Sharma, Age 31 years, D/o Sh. Gandhi Ram, working as Nursing Officer AIIMS Bilaspur (HP), R/o Room No.502, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 15. Kanchan Thakur, Age 26 years, D/o Sh. Roshan Lal, working as NursingOfficerIncharge(OrthoWard),AIIMSBilaspur(HP)R/oRoom No.306, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 16. KalpnaDevi,Age28years,D/oSh.AnoopChand,workingasNursing Incharge (Labour Room), AIIMS Bilaspur (HP) R/o Village Hara,PO& Tehsil Fatehpur, District Kangra (HP)-176053. (Group-B). 17. Monika Sharma, Age 26 years, D/o Sh. LekhRajSharma,workingas Nursing Officer/Covid, AIIMS Bilaspur (HP) R/o Room No.204, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 18. AnitaKumari,Age31years,D/oSh.RamPrakash,workingasNursing Officer, AIIMS Bilaspur (HP) R/o Room No.206, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 19. Sakshi Bhardwaj, Age 27 years, D/o Sh. Ramesh Kumar, working as Nursing Officer, AIIMS Bilaspur (HP) R/o Room No.301, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 20. Priyanka Kumari, Age 28 years, D/o Sh. Khem Chand, working as Nursing Incharge IPD, AIIMS Bilaspur (HP) R/o Room No.307, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B). 21. Richa Bhardhwaj, Age 26 years, D/o Sh. Yash Pal Bhardwaj, working as Nursing Incharge OPD, AIIMS Bilaspur (HP) R/o Santosh Niwas, Near Navodaya School, Kothipura, Bilaspur (HP)-174001 (Group-B). BHANU PARTAP 2025.08.22 16:17:27+05'30' 3 OA No.63/959/2023 22. Deeraj Kumar, Age 28 years, S/o Sh. Subhash, working as Nursing Incharge Trauma & Emergency, AIIMSBilaspur(HP)R/o#95,Sector Diara, Bilaspur (HP)-174001 (Group-B). 23. Deepak Singh Rana, Age 29 years, S/o Sh. JeetSinghRana,working as Nursing Officer, AIIMS Bilaspur (HP) R/o Room No.611, PG Boys Hostel, AIIMS Bilaspur (HP)-174001 (Group-B). 24. Kavita Choudhary, Age 25 years, D/o Sh. Gurbhag Singh, working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Room No.208, PG Married Hostel A, AIIMS Bilaspur (HP)-174001(Group-B) 25. Isha Kumari, Age 27 years, D/o Sh. Pardeep Kumar, working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Room No.306, PG Married Hostel A, AIIMS Bilaspur (HP)-174001(Group-B) 26. Amrita, Age 30 years, D/o Sh. Om Parkash, working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Ward No.10, Dholra Tehsil Sadar Bilaspur (HP)-174001 (Group-B) 27. Meenakshi Devi, Age 28 years, D/o Sh. Karam Chand, working as Nursing Officer, AIIMS Bilaspur (HP), R/o Room No.202, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 28. GeetaDevi,Age28years,W/oSh.PraveenKumar,workingasNursing Officer (ICU), AIIMS Bilaspur (HP), R/o Room No.112, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 29. Shalni, Age 27 years, D/o Sh. Subhash Chand, working as Nursing Officer/IPD,AIIMSBilaspur(HP),R/oRoomNo.205,PGMarriedHostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 30. Suman Lata, Age 25 years, D/o Sh. Krishan Lal, working as Nursing Officer/Radiology, AIIMS Bilaspur (HP), R/oRoomNo.210,PGMarried Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 31. Upasna, Age 30 years, W/o Sh. Vipul Garhiya, working as Nursing Officer/IPD,AIIMSBilaspur(HP),R/oRoomNo.305,PGMarriedHostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 32. Logeena, Age 28 years, W/o Sh. Ishan Chauhan, working as Nursing Officer, AIIMS Bilaspur (HP), R/o Room No.211, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 33. Nandini Chopra, Age 26 years, D/o Sh. Vijay Kumar, working as NursingOfficer,AIIMSBilaspur(HP),R/oVillageBrahmpukhar,District Bilaspur (HP) -174001 (Group-B) BHANU PARTAP 2025.08.22 16:17:27+05'30' 4 OA No.63/959/2023 34. MahpalSingh,Age29years,S/oSh.BhagChand,workingasNursing Officer (NICU), AIIMS Bilaspur (HP), R/o # No.95, Diara Sector, Bilaspur (HP)-174001(Group-B) 35. Rajni Devi, Age 28 years, D/o Sh. RakeshKumar,workingasNursing Officer, AIIMS Bilaspur (HP), R/o Room No.307, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 36. Sangeeta, Age 30 years, D/o Sh. Kishan Chand, working as Nursing Incharge/Obstetrics OT, AIIMS Bilaspur (HP), R/o Room No.302, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 37. SulochnaKumari,Age28years,D/oSh.Manphool,workingasNursing Officer, AIIMS Bilaspur (HP), R/o Room No.310, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 38. Shivani, Age 30 years, D/o Sh. Sharvan Kumar, working as Nursing Officer/Immunization Clinic, AIIMS Bilaspur (HP), R/o Room No.507, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 39. Aparna, Age26years,D/oSh.RaghuRaj,workingasNursingOfficer, AIIMS Bilaspur (HP), R/o Room No.208, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 40. Deepika, Age 26 years, D/o Sh. Sohan Singh, working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Village Mahri, PO Dhurkhari, Tehsil Baldwara, District Mandi (HP) -175034 (Group-B) 41. Nisha Kumari, Age 29 years, D/o Sh. Mohinder Singh, working as Nursing Officer, AIIMS Bilaspur (HP), R/o Village Muchhwan, PO Karloti, Tehsil Ghumarwin, Distt. Bilaspur (HP)-174029 (Group-B) 42. Pooja Dogra, Age 32 years, D/o Sh. S R Dogra, working as Nursing Officer, AIIMS Bilaspur (HP), R/o Village Mayagarh, PO Dhaugi, Tehsil Sainj, District Kullu (HP) -175134 (Group-B) 43. Nancy, Age 26 years, D/o Sh. Kuldeep Chand, working as Nursing Officer/IPD,AIIMSBilaspur(HP),R/oRoomNo.301,PGMarriedHostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 44. Jyoti Dafraik, Age 27 years, D/o Sh. Suresh Dafraik, working as Nursing Officer (Blood Bank) AIIMSBilaspur(HP),R/oVillageKiri,PO Ruslah, Tehsil Nerwa, District Shimla (HP)-171210 (Group-B) 45. Indu, Age 28 years, D/o Sh. Ashwani Kumar working as Nursing Incharge/IPD, AIIMS Bilaspur (HP), R/o Room No.504, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) BHANU PARTAP 2025.08.22 16:17:27+05'30' 5 OA No.63/959/2023 46. AnjaliThakur,Age26years,D/oSh.SureshKumarworkingasNursing Officer (Dialysis&Nephrology)AIIMSBilaspur(HP),R/oBhrampokhar, District Bilaspur (HP)-174001 (Group-B) 47. KanikaJaswal,Age26years,D/oSh.SudeshKumarJaswalworkingas NursingInchargeLabourRoom,AIIMSBilaspur(HP),R/o#175,Ward No.8, Devpal Chowk, Hamirpur (HP) (Group-B) 48. Pooja Dhiman, Age 25 years, D/o Sh. Sohan Lal, working as Nursing Officer (Main OT) AIIMS Bilaspur (HP), R/o # 101, VPO Lakhanpur, Tehsil & District Bilaspur (HP)-174001 (Group-B) 49. Panma,Age26years,D/oSh.SonamChhering,workingasworkingas Nursing Officer (IPD) AIIMS Bilaspur (HP), R/o Room No.204, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 50. Pooja Verma,Age28years,D/oSh.DiwanSingh,workingasNursing Officer, AIIMS Bilaspur (HP), R/o Room No.505, PG Married Hostel A, AIIMS Bilaspur (HP)-174001 (Group-B) 51. Neha Sharma, Age 26 years, D/o Sh. Ashok Kumar, working as Nursing Officer (Orthopaedics OPD), AIIMS Bilaspur (HP), R/o Village Ajnol, Post Office & Tehsil Shri Naina Deviji, District Bilaspur (HP)-174310 (Group-B). ...Applicants (BY ADVOCATE: Mr. Barjesh Mittal) VERSUS 1. Union of India through Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, Mulana Azad Road, New Delhi-110011. 2. Director&MemberSecretary,CentralInstituteBody,AllIndiaInstitute of Medical Sciences, Ansari Road, New Delhi-110029. 3. Executive Director, All India Institute of Medical Sciences, Bilaspur, Himachal Pradesh-174037. ...Respondents (BY ADVOCATE:Mr. Bharat Bhushan for R1&3) BHANU PARTAP 2025.08.22 16:17:27+05'30' 6 OA No.63/959/2023 R D E R O Per: RAMESH SINGH THAKUR, MEMBER (J): 1. ThisapplicationhasbeenfiledbytheapplicantsagainstAnnexureA-1 advertisement dated 05.09.2023 for filing up 57 posts of Senior Nursing Officer in AIIMS Bilaspur on the basis of impugned Recruitment RUles of non-faculty posts for new AIIMS 2015 qua the postofSisterGrade-I/SeniorNursingOfficer.Theapplicantsseekfor the following relief: "i) That respondents be directed to produce complete record of the case alongwith file notings with regard to issuance of impugned advertisement/recruitment notice dated 05.09.2023 (A-1) for kind perusal of this Hon'ble Court. ii) That impugned advertisement/recruitment notice dated 05.09.2023 (A-1) for filing up 57 postsofSeniorNursingOfficer inAIIMSBilaspur(HP)aswellasimpugnedRecruitmentRulesof non-faculty posts for new AIIMS 2015 qua the post of Sister Grade-I/Senior Nursing Officer be quashed/set-aside qua the applicants. iii) That direction in the nature of mandamus be issued to respondents to adhere to the decisions of CentralInstituteBody as taken in its various meeting from time to time particularly decision taken in 2nd meeting dated 12.10.2018 (A-7) qua adoptionofrecruitmentrulesofallpostsofAIIMS,NewDelhifor the corresponding posts in all new AIIMSwithprospectiveeffect and decision in meeting dated 16.06.2021 (A-8) to follow DOPT guidelines/DOPT OM dated 20.09.2022 (A-13) while finalizing recruitmentrulesfornon-facultypositionandconsequently,tofill upthepostofSeniorNursingOfficerinAIIMSBilaspur,HPasper the recommendations of Coordination Committee /Recruitment Rules of AIIMS, New Delhi (A-10 to A-12) in the interest of justice." 2. Theapplicantssubmitsthattheadministrativeandpolicymattersofall newlyestablishedAIIMS,includingAIIMSBilaspur,areoverseenbythe CentralInstituteBody(CIB),reconstitutedbytheGovernmentofIndia BHANU PARTAP 2025.08.22 16:17:27+05'30' 7 OA No.63/959/2023 vide Office Memorandum dated 28.06.2018 (AnnexureA-3).TheCIB, chaired by the Hon'ble Minister of Health and Family Welfare and comprising Members of Parliament and senior officialsoftheMinistry, is the apex decision-making body for all new AIIMS institutions. 3. The applicants submit that they were selected and appointed as Nursing Officers (Group-B) in AIIMS Bilaspur through the centralized Nursing Officer Recruitment Common Eligibility Test (NORCET) 2020, conducted by AIIMS, New Delhi. The appointment orders dated 18.10.2021(AnnexureA-4)issuedtotheapplicantsplacetheminPay Level 7 of the 7th CPC Pay Matrix (Rs. 44,900-1,42,400).Initially,in 2015, common recruitment rules titled "Recruitment Rules of Non-Faculty Posts for New AIIMS, 2015" were framed forthefirstsix AIIMS institutions (Bhopal, Bhubaneswar, Patna, Jodhpur, Raipur, and Rishikesh) (Annexure A-2). These rules were later reviewed by the MinistryofHealthandFamilyWelfareandmodifiedbythePresidentof the Institutes, as evident from the communication dated 09.08.2017 (Annexure A-5). 4. It is submitted that in light of the formation of the Central Institute Body (CIB), its 1st meeting held on 16.07.2018 (minutes dated 04.09.2018, Annexure A-6) discussed and resolved that recruitment rules across new AIIMS would be examined for uniformity, and any recommendations made would be applicable to all new AIIMS after approval by the competent authority. Subsequently, in the 2nd meeting of the CIB held on 10.12.2018, the Body adopted a binding resolution (Item No. CIB-2/9)totheeffectthat"RecruitmentRulesof all the posts of AIIMS, New Delhi shall be adopted for the corresponding posts in all new AIIMS, with prospective effect." This decisionisvitalandbindingonallAIIMS,includingAIIMSBilaspur,and BHANU PARTAP 2025.08.22 16:17:27+05'30' 8 OA No.63/959/2023 the minutes of the said meeting are appended as Annexure A-7. Furthermore, in the 5th meeting of the CIB held on 16.06.2021 (Annexure A-8), it was decided that while finalizing recruitment rules for non-faculty posts, guidelines of the Department of Personnel and Training (DoPT) must be strictly adhered to. 5. In compliance with the CIB's directions, the prevalent recruitment rules for the post of Sister Grade-I (Senior Nursing Officer), as applicable in AIIMS, New Delhi, provide that the post shall be filled 100% by promotion, and not through direct recruitment. The rules further specify that promotion shall be made from among Sister Grade-II personnel with five years of regular service, under the seniority-cum-fitness criteria. These rules are appended as Annexure A-9. A communication dated 14.01.2016 from AIIMS, New Delhi (Annexure A-10) contains the report of the Coordination Committee formed to bring uniformity in RRs across premier medical institutes suchasAIIMS,PGIMER,andJIPMER.Thereportalsospecifiesthatthe post of Sister Grade-I in all these institutions is to be filled 100%by promotion from Sister Grade-II. Although the Committee recommended reducing the eligibility requirement to two years of regular service, this aspect was further clarified intheproposeddraft RRs issued subsequently (Annexure A-11). 6. Moreover, the existing recruitment rules for Sister Grade-I/Senior Nursing Officer in PGIMER, ESIC, and JIPMER (Annexure A-12) also uniformlyprescribe100%promotionasthemodeofrecruitment,thus establishing an inter-institutional standard that AIIMS Bilaspur is bound to follow. Additionally, the DoPT Office Memorandum dated 20.09.2022 (Annexure A-13) lays down the revised eligibility criteria under the 7th CPCPayMatrix.ForpromotionfromLevel7toLevel8, BHANU PARTAP 2025.08.22 16:17:27+05'30' 9 OA No.63/959/2023 which is the pay level difference between Nursing Officer and Senior Nursing Officer, only two years of regular service is required. The applicants, having been appointed in October 2021 and continuously serving since then, fully satisfy this eligibility norm. 7. Despite the clear mandate of the Central Institute Body and the applicable recruitment rules of AIIMS, New Delhi, Respondent No.3, AIIMS Bilaspur, issued the impugned advertisement No. PGI/RC/038/2023/3191 dated 05.09.2023 (Annexure A-1), inviting applications for 57 posts ofSeniorNursingOfficerintheratioof75% by promotion/deputation and 25% by direct recruitment, as per the 2015 RRs (Annexure A-2). 8. It is alleged that the reliance on the 2015 rules framed for only six AIIMS is wholly arbitrary and illegal, especially in light of the CIB's resolution dated 10.12.2018 (Annexure A-7), which mandated adoption of AIIMS,NewDelhiRRsacrossallnewAIIMSprospectively. Moreover, the applicants, having fulfilled the qualifying service under DoPT norms and being part of the feeder cadre, are entitled to be considered under a 100% promotional quota, not subjected to exclusion via direct recruitment quotas. The actions of Respondent No.3 are not only in direct contravention of binding decisions of the apex governing body (CIB), butalsoinderogationoftheprinciplesof equality, fairness, and legitimate expectation. The applicants' service conditions are being arbitrarily modifiedtotheirdisadvantagewithout lawful justification or due process. 9. Upon issuance of the impugned advertisement, the applicants approached the office of Respondent No.3 and submitted their grievance regarding non-compliance with binding CIB decisions and BHANU PARTAP 2025.08.22 16:17:27+05'30' 10 OA No.63/959/2023 applicable recruitment rules. However, they were summarily refused any relief. 10. The respondentsfiledreplywhereinitissubmittedthattheimpugned RecruitmentNoticedated05.09.2023(AnnexureA-1)hasbeenissued incompliancewiththestatutoryRecruitmentRulesandadministrative exigenciesofAIIMSBilaspur.Theapplicantshavenovestedrighttobe considered for promotion to thepostofSeniorNursingOfficer(SNO), particularly when no such cadre has ever existed at AIIMS Bilaspur prior to this advertisement. The respondents submits that the initial appointment of Nursing Officers was done through NORCET-2021, conducted by AIIMS Delhi. Recruitment Notice No. 149/2021 dated 16.10.2021 (Annexure R-1) was issued by AIIMS Delhi to conduct NORCET-2021 for recruitment to 100 posts of Nursing Officers for AIIMSBilaspur.Subsequently,demandswereraisedbyAIIMSBilaspur for additional NOs--150, 100, and 178 respectively (Annexures R-3, R-4 & R-5), considering the institution's expansion. 11. Itisfurthersubmittedthattheinstitutionhasprogressedfromabasic OPD structure to a 405-bedded IPD hospital, increasing its requirement for skilled and senior staff. Consequently,AIIMSBilaspur raisedafreshdemandof86NursingOfficersunderNORCET-5andalso initiated the recruitment ofSNOs(AnnexureR-6),beingthefirst-ever such recruitment for this post at the institute. The respondents submits that the AIIMS Bilaspur follows theRecruitmentRules,2015, fornon-facultyposts,whichhavebeenadoptedasperdirectionsofthe Ministry of Health and Family Welfare and with approval of the competent authority. The Office Memorandum No. F. No. Z-28020/76/2022-CDN dated 30.03.2023 (Annexure R-7) issued by theGovernmentofIndiamandatesthat75%ofpostsofSNOsbefilled BHANU PARTAP 2025.08.22 16:17:27+05'30' 11 OA No.63/959/2023 by promotion and 25% by direct recruitment. These rules apply uniformly to all newly established AIIMS, and AIIMS Bilaspur has the autonomy to adopt recruitment policies in line with its institutional requirements. It is further submitted that the other institutions including AIIMS Jodhpur, Raipur, Mangalagiri, Patna, and Rajkot have similarlyundertakendirectrecruitmentforthepostofSNOsunderthe same rules (Annexures R-8 to R-13). 12. The respondents submits that the Recruitment Rules, 2015, were adopted by AIIMS Bilaspur with approval of the President of the Institute, who also holds the position of Chairperson of the Institute Body and GoverningBody,videUONotedated10.04.2023(Annexure R-14). The respondents rebutted the submissions of the applicant whereintheapplicantshavereferredtocertaindecisionsoftheCentral Institute Body (CIB) and office orders (Annexures A-3, A-5, A-6 to A-10,A-13),statingthatthesameareeitheradvisoryinnatureornot applicable to AIIMS Bilaspur and Annexure A-3 states that the decisionsoftheCIB"m aybeadopted"bynewAIIMS,clearlyindicating that such adoption is not mandatory. It issubmittedthatnoneofthe applicants are barred from applying under the impugned advertisement. It is open to all eligible candidates, ensuring transparency, merit-based selection, and fairness. 13. Supplementary affidavit has been filed by the respondent No.3 pursuanttoourorderdated23.11.2023.Ithasbeensubmittedbythe respondentNo.3thatmeetingof4thGoverningBodyofAIIMSBilaspur was held on 30.12.2023 and as per Agenda Item No.GB-04/05/d the Resolution was passed by the Governing Body for adoption of RecruitmentRulesinwhichthesaidUONoteisalsoratifiedbyGBwith retrospective effect (Annexure R-16). The 4th meeting of Institute BHANU PARTAP 2025.08.22 16:17:27+05'30' 12 OA No.63/959/2023 Body of AIIMS Bilaspur was also held on 30.12.2023 and as per Agenda Item No.IB-04/09 the Resolution was confirmed by the InstituteBodyforadoptionofRecruitmentRules(AnnexureR-17).Itis furthersubmittedthattheCIBisarecommendatorybodyanddecision taken by it are not binding upon the respective Institutes. 14. Theapplicantsfiledacounteraffidavitwhereinitissubmittedthatthe Secretary,GOI,MOH&FW,isnotcompetenttomakedecisionsontheir own without the approval of the Central Institute Body (CIB). They contend that the Secretary, being only one member of the IB/GB, cannot unilaterally change these rules. The applicants challenge the approval of the Office Memorandum (OM) dated March 30, 2023, by theGBandIBonDecember30,2023onthegroundthattheapproval was granted after the advertisement dated September 5, 2023, was issued. Therefore, the rules and regulations mentioned in that OM could not have been appliedtotheadvertisement.Theadvertisement is thus liable to be quashed. They reiterate that since the IB and GB had already approved that CIB decisions would be followed, the adoption/ratification of an OM by the Secretary, MOH&FW, who they deem an incompetent authority, is illegal and cannot be applied. 15. HeardlearnedcounselforbothsidesandgonethroughtheAnnexures and other records available on record. 16. Fromthepleadings,itisclearthatalltheapplicantswereselectedand appointedasNursingOfficers(Group-B)inAIIMSBilaspurthroughthe centralized Nursing Officer Recruitment Common Eligibility Test (NORCET) 2020, conducted by AIIMS, New Delhi. The appointment orders were issued on 18.10.2021. It is also admitted fact that the CentralInstituteBody(CIB)wasestablishedtodiscussandresolvethe Recruitment Rules across new AIIMS. The first meeting was held on BHANU PARTAP 2025.08.22 16:17:27+05'30' 13 OA No.63/959/2023 04.09.2018. Subsequently, 2nd meeting was held on 10.12.2018 wherein the Body adopted a binding resolution (ItemNo.CIB-2/9)to theeffectthat"RecruitmentRulesofallthepostsofAIIMS,NewDelhi shall be adopted for the corresponding posts in all new AIIMS, with prospective effect" which is clear as per Annexure A-7. In the 5th meetingoftheCIBheldon16.06.2021(AnnexureA-8),itwasdecided that while finalizingrecruitmentrulesfornon-facultyposts,guidelines of the Department of Personnel and Training (DoPT) must be strictly adhered to. 17. ThecontentionoftheapplicantsisthattheRulesforthepostofSister Grade-I (Senior Nursing Officer), as applicable in AIIMS, New Delhi, provide that the post shall be filled 100% by promotion, and not through direct recruitment and further contention of the applicants is that promotion shall be made from among Sister Grade-II personnel with five years of regular service, under the seniority-cum-fitness criteria (Annexure A-9). The communication dated 14.01.2016 (Annexure A-10) from AIIMS, New Delhi, contains the report of the Coordination Committee formed to bring uniformity in RRs across premiermedicalinstitutessuchasAIIMS,PGIMER,andJIPMER.Asper Annexure A-11 the Committee recommended reducing the eligibility requirementtotwoyearsofregularservice,whichwasfurtherclarified in the proposed draft RRs issued subsequently. 18. The further contention of the applicant is that despite the clear mandate of the Central Institute Body and the applicablerecruitment rules of AIIMS, New Delhi, Respondent No.3, AIIMS Bilaspur, issued the impugned advertisement dated 05.09.2023 (Annexure A-1), inviting applications for 57 posts ofSeniorNursingOfficerintheratio of 75% by promotion/deputation and 25% by direct recruitment, as BHANU PARTAP 2025.08.22 16:17:27+05'30' 14 OA No.63/959/2023 perthe2015RRs(AnnexureA-2).Theapplicantscontendedthatthey fulfilledthequalifyingserviceunderDoPTnormsandbeingpartofthe feeder cadre and are entitled to be considered under a 100% promotional quota as the Recruitment Rules of AIIMS Delhi are applicable. 19. On the other side respondents submitted that theRecruitmentNotice dated 05.09.2023 (AnnexureA-1)hasbeenissuedincompliancewith the statutory Recruitment Rules and administrative exigencies of AIIMS Bilaspurandhasfurthercontendedthattheapplicantshaveno vested right to be considered for promotion to the post of Senior Nursing Officer (SNO), particularly when no such cadre has ever existedatAIIMSBilaspurpriortothisadvertisement.Therespondents submits that the initial appointment of Nursing Officers was done through NORCET-2021,conductedbyAIIMSDelhi.RecruitmentNotice No. 149/2021 dated 16.10.2021(AnnexureR-1)wasissuedbyAIIMS DelhitoconductNORCET-2021forrecruitmentto100postsofNursing OfficersforAIIMSBilaspurandsubsequently,demandswereraisedby AIIMS Bilaspur for additional Nos--150, 100, and 178 respectively (Annexures R-3, R-4 & R-5), considering the institution's expansion. The respondents further submitted that Office Memorandum dated 30.03.2023 (Annexure R-7) issued by the Government of India mandates that 75% ofpostsofSNOsbefilledbypromotionand25% by direct recruitment and these rules apply uniformly to all newly established AIIMS, and AIIMS Bilaspur has the autonomy to adopt recruitment policies in line with its institutional requirements. The specificcontentionoftherespondentsisthatthedecisionoftheCIBis advisory in nature or not applicable to AIIMS Bilaspur. BHANU PARTAP 2025.08.22 16:17:27+05'30' 15 OA No.63/959/2023 20. The respondents have filed supplementary affidavit in pursuance to our order dated 23.11.2023 and it has been submitted by the respondentNo.3thatmeetingof4thGoverningBodyofAIIMSBilaspur was held on 30.12.2023 and as per Agenda Item No.GB-04/05/d the Resolution was passed by the Governing Body for adoption of RecruitmentRulesinwhichthesaidUONoteisalsoratifiedbyGBwith retrospective effect (Annexure R-16) and as per Agenda Item No.IB-04/09 the Resolution was confirmed by the Institute Body for adoption of Recruitment Rules (Annexure R-17). Hence, as per Supplementary Affidavit, the meeting of Governing Body of AIIMS Bilaspur was held on 30.12.2023, admittedly, after the issuance of advertisement dated 05.09.2023 (Annexure A-1) and in their supplementary affidavit it has been specifically submitted that the Rules have been ratified by the Governing Body with retrospective effect. 21. Learned counsel for the applicant has relied upon the judgments by the Hon'ble Apex Court in the matter of P. Mahendran & Ors. v. StateofKarnataka&Ors.,(1990)1SCC411,Y.V.Rangaiah & Ors.v.J.SreenivasaRao&Ors.,(1983)3SCC284,State of Gujarat v. Raman Lal Keshav Lal Soni, (1983) 2 SCC33, B.S. Yadav v. State of Haryana, (1980) 2 SCC 396 and K. Nagaraj v. State of A.P., (1985) 1 SCC 523, wherein it has been held by the Hon'ble Apex Court that once a right had accrued, cannot be taken away by retrospective effect by the legislation downgrading them. 22. IntheinstantcasetheapplicantswererecruitedbytheAIIMSas Nursing Officers in the year 2020. At the relevant time, the BHANU PARTAP 2025.08.22 16:17:27+05'30' 16 OA No.63/959/2023 AIIMSNewDelhiruleswereapplicable.ThoughtheRUlesof2015 titled as "Recruitment Rules of Non-Faculty Posts for New AIIMS, 2015" were framed for the first six AIIMS institutions and were later reviewedbytheMinistryofHealthandFamilyWelfareandmodifiedby thePresidentoftheInstitutesasperAnnexureA-5dated09.08.2017. As per the CIB meeting held on 10.12.2018, the Body adopted a bindingresolutiontotheeffectthat"RecruitmentRulesofalltheposts ofAIIMS,NewDelhishallbeadoptedforthecorrespondingpostsinall new AIIMS, with prospective effect" andAIIMSBilaspurwasalsopart of that meeting, which shows that itwaswithintheknowledgeofthe respondents. 23. The contention of the respondents is that CIB directions is not mandatoryandrespondentNo.3isatlibertytoadoptthesame,which aspersupplementaryaffidavit,respondentNo.3hasclearlysubmitted that the Governing Body of the Institute has adopted the Rules on 30.12.2023, i.e., after the issuance of the advertisement dated 05.09.2023 and the same was ratified by Governing Body with retrospective effect. In view of the settled law, as per the ratio of judgments as discussed above, it cannot be done and vested rights cannotbetakenaway,notevenbywayoflegislationoramendmentof Rules. 24. Inviewoftheabove,itisheldthatthevestedrightsoftheapplicants cannotbetakenawayandtheapplicantsareentitledforconsideration for promotion to the post of Senior Nursing Officers as per Rules of AIIMS New Delhi. The respondents are directed to promote the applicants to the post of Senior Nursing Officers on the seniority-cum-fitness basis and thereafter the respondents are at BHANU PARTAP 2025.08.22 16:17:27+05'30' 17 OA No.63/959/2023 liberty to take appropriate steps in furtherance of the advertisement dated 05.09.2023. 25. With these observations, the O.A is disposed of. No costs. (ANJALIBHAWRA) (RAMESHSINGHTHAKUR) Member (A) Member (J) bp BHANU PARTAP 2025.08.22 16:17:27+05'30'