Central Administrative Tribunal - Chandigarh
Praveen Thomas vs Pgi Chandigarh on 17 August, 2023
1 (OA No. 060/1329/2019)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 24.05.2023
Pronounced on: 17.08.2023
OA No. 060/1329/2019
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Parveen Thomas Age 33 Years, S/o Thomas PT, R/o #
463, Phase-6, Mohali,160055, Group -B.
2. Ms. Divya Elizabeth Philip Age 30 Years, D/o Philip T
George, R/o # 199, Village opposite Primary School, Post
Office Mullanpur, Tehsil kharar, Distt. Mohali140901.
Group-B.
3. Ms. Priya T, Age 30 Years, D/o Sh. Thomas, R/o
Keerikkattil House, Airapuram Post Office, Ernakulam,
Kerala, 683541, Gropu-B.
4. Ms. Sohani Raj Aged 29 years, D/o S.P. Raja, R/o #
404/1, Phase-6, Mohali,160055. Group -B.
5. Ms. Nimisha PN Age 25 Years, D/o Narayanan CK, R/o
# 392, Second Floor, Sector 38 -A, Chandigarh. 160014.
Group-B.
.........Applicants
(By Advocate : Sh. Barjesh Mittal)
Versus
1. Union of India through Secretary, Department of
health & family Welfare, Ministry of health and
Family Welfare, Government of India, Nirm an
Bhawan, New Delhi-110011.
2. Director, Post Graduate Institute of Medical
Education and Rearch (PGIMER), Sector-12,
Chandigarh-160012.
3. Monika, D/o Sh. Pardeep Kumar Duggal, R/o Flat No. G-403,
Tower G, Ivory Towers, Sector70, Mohali-160071.
4. Harpreet Kaur Panesar, D/o Sh. Ratan Singh Panesar, R/o
H.No. 177, Sector-4, Mundi Kharar, Tehsil Kharar, Distt. SAS,
Nagar, Punjab140301
5. Sheenam Dhiman D/o Sh. Chanchal Dhiman R/o VPO Gheen
Tehsil Baroh Distt. Kangra, H.P.-176001
2 (OA No. 060/1329/2019)
6. Karanpreet Kaur D/o Sh. Gurcharan Singh R/o H.No. 216,
HHEB Block, Nangal Township, Tehsil Nangal, Distt. Ropar,
Punjab-140124
7. Meghna D/o Sh. Ashok Kumar R/o B-22/20, Ward No.-10,
Bassi Jana, Tanda Bypass Hoshiarpur,Punjab-146001
8. Daljit Kaur D/o Sh. Ranjeet Singh R/o V &P.O Panoh, Tehsil
and Distt. Una, H.P,-174303
9. Khushpreet Kaur D/o Sh. Inderjit Singh R/o 991, Gali No. 2,
Baba Deep Singh Nagar, Barnala, Punjab-148101.
10. Simranpreet Kaur D/o Sh. Avtar Singh R/o Village Nauli, P.O.
Isharwal, Distt. Jalandhar, Punjab-144102.
11. Parampreet Kaur D/o Sh. Jatinder Singh R/o H.No. 165,
Ward No. 29, Jaimat Singh Road, Moga Distt. Moga, Punjab-
142001
12. Inderpreet Kaur D/o Sh. Inderjeet Singh R/o Street No. 9,
Punia Calony, Tehsil & Distt. Sangrur, Punjab-148001
13. Aparna Sharma D/o Sh. J.P. Sharma R/o C-19, PNFC Colony,
Naya Nangal Distt. Ropar, Punjab140126
14. Swati D/o Sh. Bal Mukund R/o H. No. 5-2/1061, B.B.M.B
Colony, Tehsil Sunder Nagar,Distt. Mandi, H.P-175019
15. Kiranpreet Kaur D/o Parminder Singh R/o Manakpura, Tehsil
Patti, Distt. Tarn Taran, Punjab143304.
16. Harleen Kaur Aujla D/o Sh. Bakhshish Singh R/o Village
Aujla, P.O. Babri Tehsil and Distt. Gurdaspur, Punjab-143520
17. Avneet Kaur D/o Sh. Gurdeep Singh R/o 196, Model Town,
Sultanpur Lodhi, Distt. Kapurthala, Punjab-144626
18. Sushma Verma D/o Sh. Sushil Kumar Verma, R/o 454/2,
Pipliwala Town, Manimajra, Chandigarh.
19. Manpreet Kaur D/o Sh. lqbal Singh R/o VPO Cheema, Tehsil
and Distt. Barnala, Punjab148103
20. Neelakshi Joshi D/o Sh. Ajay Joshi R/o 219/11, Katcha Tank,
Nahan Distt. Sirmaur, H.P.-173001
21. Gurleen Karu Marwaha, D/o Sh. Satbir Singh R/o Kothi No.
424, Phase-I, S.A.S.Nagar, Mohali 160055.
22. Anjli Sharma D/o Sh, Rajesh Kumar, R/o Village Kuriah, P.O.
Nara, Tehsil Barsar Distt. Hamirpur, H.P. 174309
23. Gurleen Kaur D/o Sh. Gurinderpal Singh R/o H.No. 5, Sector-
12,Near Gurudwara Ranjit Nagar Kharar, Tehsil Kharar, Distt.
S.A.S.Nagar,Punjab140301.
24. Beenish D/o Sh. Ramesh Kataria R/o Ward No. 9, VPO
Mallanwala Khas Tehsil Zira, Distt. Ferozepur, Punjab -
152002.
25. Rupinder Kaur D/o Sh. Jarnail Singh R/o Village Jandali
Kalan, Tehsil Malerkotla, Distt. Sangrur, Punjab
26. Vandana Gupta D/o Sh. Bhushan Gupta R/o 1052, Phase-II,
Ramdarbar, Chandigarh.
27. Amulya D/o Sh. Pawan Kumar R/o H.No. 42, Patel Nagar,
Bhiwani, Haryana- 127021.
28. Harshdeep Kaur D/o Sh. Ravinder Singh R/o H.No. 80/5,
Sangalpura Road, Gurdaspur, Punjab143521
3 (OA No. 060/1329/2019)
29. Samriti Goel D/o Sh. Khem Chand R/o 565/13, Lower Bazar,
Lala Sukkarmal Street, Kalka133302.
30. Gundeep Kaur D/o Sh. Sukhjinder Singh R/o VPO Dhandoi,
Tehsil Batala, Distt. Gurdaspur-143505
31. Talwinder Kaur D/o Sh. Jaswinder Singh R/o Village Hearian
P.O. Pandorikad, Dist. Hoshiarpur146112
32. Harmandeep Kaur D/o Sh. Maghi Singh R/o Village Pur, P.O.
Bhankher, Tehsll and Distt, Patiala, Punjab.
33. Neerja D/o Sh. Roop Lal R/o Ward No.1, Fatehullapur
(Marasgarh) P.O. & Tehsil Dasuya, Distt. Hoshiarpur, Pb.
34. Prabhjot Kaur D/o Sh. Iqbal Singh R/o H.No. 281, 22 Acre
Scheme, Barnala-148101.
35. Gurpreet Kaur D/o Sh. Hakikat Singh R/o H.No. 15797,
Street No. 8, Guru Gobind Singh Nagar, Bathinda-151001
36. Rippandeep Kaur D/o Sh. Raj Bhupinder Singh R/o VPO
Jhabelwali, Tehsil and Distt. Shri Muktsar Sahib, Punjab
37. Chetna Rawat D/o Sh. Shyam Singh Rawat R/o H.No. 358-A,
Topkhana Bazar Ambala Cantt. Haryana
38. Arshdip Kaur D/o Sh. Gurtej Singh R/o H.No. 20569-A,
Street No. 24-B, Ajit Road, Bathinda151001
39. Shivani D/o Sh. Jatinder Kumar R/o Kothi No. 834, Housing
Board Colony, 4 Marla Kothies, Near Civil Hospital Ferozepur
City-152002
40. Simranjeet Kaur D/o Sh. Gurmeet Singh R/o VPO Ikolaha,
Tehsil Khanna, Distt. Ludhiana 141401
41. Akshina Koundal D/o Sh. Sunil Singh Koundal, R/o Nihang
Adarsh Nagar, P.O. & Tehsil Palampur Distt. Kangra, H.P.
42. Manisha D/o Sh. Rajesh Kumar R/o 479/24-B, Sector 4, LIC
Colony, Mundi Kharar, Tehsil Kharar, Distt. SAS Nagar,
Punjab-140301
43. Jasman Brar D/o Sh. Sukhpal Singh R/o VPO Mallan Tehsil
Gidderbaha, Distt. Shri Muktsar Sahib-152031
44. Monika Sajwan D/o Sh. Kishan Singh Sajwan R/o 2016/39,
Sector 32-C, Chandigarh-160031.
45. Davinder Kaur D/o Sh. Jagpal Singh R/o Village Tungan
Tehsil and Distt. Sangrur 148001
46. Veena Rattu D/o Sh. Gurmit Ram R/o H. No. 8649, Street
No. 2/5, New Subhash Nagar, Basti Jodhewal, Ludhiana-
141007
47. Sheetal Dhiman D/o Sh. Jeet Paul Dhiman R/o Village
Bhantred, P.O.Baroti, Tehsil- Sunder Nagar, Distt Mandi, H.P,
-175030
48. Himani D/o Sh. Parkash Chand R/o H.No. 4072/A, Sector 37-
C, Chandigarh
49. Nikita Kumari D/o Sh. Vipan Kumar R/o Village Linjhan P.O.
Saprul Tehsil-Palampur Distt. Kangra, H.P.-176093
50. Ravinder Kaur D/o Sh. Gurdeep Singh R/o Qtr. No. 217,
Command Colony, Type-11, Chandimandir Cantt-134107.
4 (OA No. 060/1329/2019)
51. Kanika Rana D/o Sh. Kulwant Singh Rana R/o Village Burli
Kothi, P.O. Paprola, Distt. Baijnath, Distt. Kangra, H.P.-
176115
52. Neha Mehta D/o Sh. Dharam Chand R/o H.No. 302, Sector
14, Panchkula 134113
53. Deepika Negi D/o Sh. Vijay Singh Negi R/o VPO Labrang,
Tehsil Pooh, Distt. Kinnaur, H.P.
54. Gurleen Kaur D/o Sh. Gurcharan Singh R/o VPO Khun Khun
Kalan, Tehsil Dasuya Distt. Hoshiarpur -144205
55. Harmanjot Kaur D/o Sh. Ajaib Singh R/o VPO Dhulkot Tehsil
and Distt. Ludhiana- 141204
56. Vijay Laxmi Jariyal D/o Sh. Vinod Kumar Jariyal R/o Village
Thakoli P.O. Sihunta Tehsil. Bhattiyat Distt. Chamba -176207
57. Abhilasha Patel D/o Sh. Lalit Raj Patel R/o L-2, Nanaksar
Nagar, Village Baba Deep Singh Nagar (Dhudianwal), Opp.
Rail Coach Factory Kapurthala-144602
58. Sheron Preet Kaur D/o Sh. Jagpreet Pal Singh R/o VPO Bodel
(GS), Tehsil Dasuya Distt. Hoshiarpur -144205
59. Jyoti D/o Sh. Kumat Ram R/o Village Deoili P.O. Poeg, Tehsil
Anni, Distt, Kulu-172026
60. Navjot Kaur D/o Sh. Subhash Chander R/o Village Gangheri,
Tehsil Pehowa, Distt. Kurukshetra136129
61. Smriti D/o Sh. Rajneesh Kumar R/o Village Amlehar P.O.
Sunkali Tehsil Amba Distt. Una, H.P.177219
62. Kiranpreet Kaur D/o Sh. Johar Singh R/o Manakpura, Tehsil
Patti Distt. Tarn Taran, Punjab143304
63. Himani Sharma D/o Sh. Chaman Lal R/o VPO Sunhani Tehsil
Jhandutta Distt. Bilaspur,H.P. 174029
64. Neha Kachhot D/o Sh. Murari Lal Verma R/o Mishro Ka
Mohalla, Bansur, Tehsil Bansur, Distt. Alwar, Rajasthan-
301402
65. Vaibhvi Singh D/o Sh. Devendra Prasad Singh, R/o Saini
Vihar, Phase II, Near Swarg Ashram Lalru Mandi, Tehsil Dera
Bassi, Distt. SAS Nagar, Mohali-140501.
66. Gurleen Kaur D/o Sh. Darshan Singh R/o H.No. B-
014/01892, NRI Colony, Randhawa Road Kharar, Tehsil
Kharar, Distt. SAS Nagar, Mohali140501
67. Rajinder Kaur D/o Late Sh. Harjeet Singh R/o 160-A,
Durgapuri Extn. St. No. 4, Shahdara, Delhi, 110093
68. Himani Saini D/o Sh. Rajinder Singh R/o H.No. 143, Village
Madanpur, Sector-26, Panchkula, Haryana
69. Pallavi Sandhu D/o Sh. Mohinder Singh Sandhu R/o VPO
Nagni, Tehsil Nurpur, Distt. Kangra, H.P,176200
70. Aditi D/o Sh. Ravinder Singh R/o H.No. 389, Ward No-11,
Shastri Nagar, Tehsil and Distt. Kullu, H.P.-175101
71. Pallavi D/o Sh. Deep Kumar R/o VPO Pangna Tehsil Karsog
Distt. Mandi, H.P. 175040.
72. Sukhpreet Kaur D/o Sh. Balwinder Singh R/o H.No. 27, Raj
Colony, Near Samania Gate, Patiala-147001
5 (OA No. 060/1329/2019)
73. Gurbinder Kaur D/o Sh.Rajinder Singh, R/o Village Pakka
Kalan, P.O. Pakka Kalan, Distt. Bathinda, Punjab 151401
74. Harpreet Kaur D/o Sh. Gurpartap Singh R/o H.No. 1935, Gali
Deva Singh, Bazar Loharan Wala, Near Chowk Laxmansar,
Amritsar 143001
75. Pragati D/o Chander Shekhar R/o Ward No. 3, Near Masjid,
Kurali, Tehsil-Kharar, Distt. SAS Nagar, Mohali, Punjab.
76. Snehpreet Kaur D/o Sh. Jaspal Singh R/o Village Passiewal,
P.O. Nadala, Tehsil Bholath, Distt. Kapurthala, Punjab-
144624
77. Priya D/o Ramesh Kumar R/o H.No. 282, Dashmesh Nagar,
Kharar, SAS Naqar-140301
78. Rajdeep Kaur D/o Sh. Hari Singh R/o H.No. 920, Ward No.
13-B, Mata Gujri Colony, Patehgarh Sahib-140406
79. Himani Chaudhary D/o Sh. Praveen Kumar R/o VPO
Ghurkari, Tehsil and Distt. Kangra, H.P, 176001
80. Daljeet Kaur D/o Sh. Tejender Singh R/o Village Hansuwala
P.O. Doiwala Distt. Dehradun Uttarakhand
81. Shalini D/o Sh. Dhirendra Mohan Sharma R/o H.No. 2899,
Sector 47-C, Chandigarh
82. Damini D/o Vichitter Singh R/o Village Arthi P.O. Kapahi,
Tehsil Sunder Nagar, Distt.Mandi, H.P. 175002.
83. Komal D/o Sh. Darshan Kumar R/o Village Shri Pandian P.O.
Talwara Distt. Hoshiarpur, Punjab144216
84. Priyanka Yadav D/o Sh. Sanwat Ram Yadav R/o Village
Fathapura, P.O. Kansli, Tehsil Kotputli Distt. Jaipur,
Rajasthan-303108
85. Nishtha Saini D/o Sh. Guní Ram Saini R/o H.No. 288-C,
Police Line Ambala City, Tehsil and Dist. Ambala, Haryana
134003
86. Shakshi Kapoor D/o Sh. Paras Ram Kapoor R/o VPO Hatwas
Tehsil Nagrota Bagwan Distt. Kangra, H.P. 176047
87. Akanksha Chauhan D/O Mr. Raj Kumar Chauhan, R/O #
344, Sector 15-A, Chandigarh-160016.
88. Amanpreet Kaur D/o Gurmail Singh, R/O # 344, Sector 15-A,
Chandigarh-160016.
89. Archana Mehta, D/O Late Sh. Tirath Singh Mehta, R/O # 344,
Sector 15-A, Chandigarh-160016.
90. Avantika Bharti, D/O Shri Tuilak Raj Bharti, R/O # 62 New
Master Colony, Kurali Punjab, PIN-140103
91. Deepanshi, D/O Mr Dalip Kumar, R/O 88-A, Sindhu Estate, #
9 Sarangpur Chandigarh, PIN-160014
92. Deepika Sharma D/O Mohinder Kumar Sharma, R/O # 143 A,
Nivedita Hostal, PGIMER, Chandigarh-160012.
93. Harsimran Kaur D/O Sr. Hardeep Singh R/O VPO- Teur,
Tehsil- Kharar, Distt. Mohali Pin code-140301.
94. Jyotinderpreet Kaur D/o Sukhjinder Singh, R/o # 2255,
Sector 15-C, Chandigarh-160016
95. Kirandeep Kaur D/o Sh. Kulwinder Singh, R/o # 350, Sector
15-A, Chandigarh-160016.
6 (OA No. 060/1329/2019)
96. Lovedeep Kaur D/O Gurninder Singh R/O # 93, Sector 15-
A, Chandigarh-160016.
97. Mamta Singh, D/O Ram Lakhan R/O Nivedita Hostal,
PGIMER, Chandigarh-160012.
98. Minkal Arora, D/O Chander Parkash R/O #71 Upper Mohalla,
Kalka,(133302).
99. Monika Thakur D/O Shri Hardeep Singh R/O Room No. 8-B,
Nivedita Hostal, PGIMER, Chandigarh-160012.
100. Muskan Singla D/o Sh. Harish Kumar Singla, R/o Room No.
3051, Lambi Gali, SAS Nagar Mohali, Punjab
101. Navdeep Kaur D/O Avtar Singh R/O Nivedita Hostal,
PGIMER, Chandigarh-160012.
102. Navreet Badhan D/O Gurmeet Ram R/O # 2251, Sector 15-
C ,Chandigarh-160016.
103. Neha Rani D/O Ashok Kumar R/O He-23,Phase-9 Mohali
Punjab 160062.
104. Poonam Devi D/o Mr Sher Singh Bawalia R/o # 2657, Sector
37-C ,Chandigarh-160036.
105. Pratibha Bharti D/o Sh. Madal Lal , R/O Nivedita Hostal,
PGIMER, Chandigarh-160012.
106. Priya D/o Azad Singh R/o # 2-B-1, Modal Town Pinjore,
Distt. Panchkulla, Haryana
107. Priyanka D/o Mr. Parmod Kumar, R/o H.No. 3192, Sector-
37-C, Chandigarh-160036.
108. Ramanpreet Kaur D/o Shri Chet Ram Alias Gurchet Singh R/o
# 2234, Sector-15-C, Chandigarh-160016.
109. Rashi Thakur D/o Mr. Shankar Das Thakur R/o # 344,
Sector-15-A, Chandigarh-160016.
110. Ravneet D/o Avtar Singh R/o # 2251, Sector-15-C,
Chandigarh-160016.
111. Rupinder Kaur D/o Kuldeep Singh R/ o # 3241, Sector-15-
D, Chandigarh-160016.
112. Saniya Singh Clare D/o Kirtipal Singh Clare , R/o # 390,
Sector-15-A, Chandigarh-160016.
113. Sanpreet Kaur D/o Gurdeep Singh , R/o # 2234, Sector-15-
C, Chandigarh-160016.
114. Satnoor Kaur Mann, D/o Baljeet Singh R/o # Room No.
41-C, Nivedita Hostal, PGIMER, Chandigarh-160012.
115. Nidhi Sharma D/O Sh. Keshav Ram Sharma R/O # 159,
Sector 15-A, Chandigarh-160016.
116. Priyanka Thakur D/o Sh. Ami Chand, R/o # 159, Sector 15-A,
Chandigarh-160016.
117. Shivangi Saini D/o Inderjit Singh R/o VPO Bohan Distt.
Hoshiarpur Punjab 146001.
118. Divya Singh, D/o Inder Pal Singh R/o House No. 336/1
Sector 41/A, Chandigarh-160036.
119. Navdeep Kaur D/O Avtar Singh R/O Room No. 68, Nivedita
Hostal Pgimer Chandigarh-160012.
120. Kalyani Dhiman D/o Shri Lt. Narinder Kumar Dhiman residing
at # 17, New Kanch Ghar, AMbala City, Haryana 134003
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121. Suruchi Kashyap D/o Badshah Kashyap R/o 88-A, Sidhu
Estate #9, Sarangpur, Chandigarh
122. Khyati Sharma D/o Sh. Vijay Sharma, R/o House no. 15-A,
Nada Road, Shivalik Vihar, Nayagaon, Mohali, PIN-160103
123. Mehakjot Kaur D/O Malkeet Singh R/O Village Chahal
Distt.- Faridkot, Punjab 151203.
124. Muskan Sharma D/o Surinder Kumar, R/o # 93, Sector 15A
Chandigarh-160012.
125. Shivalika Rattan D/o Sh. Harvinder Singh R/o Room No. 38-
D, Nivedita Hostal, PGIMER, Chandigarh-160012
126. Anmol Prashar D/o Sh. Virender Kumar, R/O # 1350/10,
Phase-11 Mohali-160062.
127. Sukhpalpreet Kaur D/o Gurmeet Singh, R/o Shivalik Vuhar,
Naya Gaon, Mohali, Punjab, PIN- PIN-160103
128. Sugandha D/o Parmod Kumar, R/o H No. 64-A, VPO Barwala,
Distt. Panchkula, Haryana, PIN-134118
129. Harmanpreet Kaur, D/o Baljinder Singh, R/o 362 A, Shivalik
Vihar, Zirakpur, Distt. SAS Nagar, Punjab, PIN-140603
130. Seema, D/o Jai Singh, R/o H No. 69, Sarswati Vihar, Dhakoli,
Zirakpur, Mohali, PIN-140603
131. Vandana, D/o Sh. Shiv Kumar, R/o VPO Bachhauri, The.
Balachaur, Distt. SBS Nagar, Punjab, PIN
132. Tannu, D/o Sh. Satish Kumar, R/o H No. 1021, 15-B,
Chandigarh, PI N-160015.
133. Priyanka Gupta, D/o Sh. Deep Kumar, R/o 471/1, Sector 15-
A, Chandigarh, PIN-160015
134. Harleen Kaur D/o Sh. Dalwinder Singh R/o Room No. 130 A
Nivedita Hostal, PGIMER, Chandigarh-160012.
135. Avantika Dogra, D/o Mr. Prem Parkash Dogra, R/o 586 B2,
Dharampur Colony, Pinjore Distt., Panchkula, Haryana, PIN-
134104
136. Harmanjot Kaur, D/o Raghubir Singh, R/o VPO Ugoke, Tehsil
Tapa, Dist. Baranala, Punjab, PIN-148108
137. Deepika, D/o Sh. Kulwant Singh, 471/1, , Sector 15-A,
Chandigarh, PIN-160015.
138. Ravjot Kaur, D/O Karamjit Singh, Aged-24 years, Resident of
Room No. 30-B, Block B, Nivedita Hostel, PGIMER,
Chandigarh, PIN-160012
139. Sukhmani Baath, D/O Jagwinder Singh, , Aged-22 years,
Resident of Room No. 26-B, Block B, Nivedita Hostel,
PGIMER, Chandigarh, PIN-160012
140. Simratpal Kaur, D/O Raghbir Singh,, Aged-23 years, Resident
of Room No. 83-A, Block A, Nivedita Hostel, PGIMER,
Chandigarh, PIN-160012
141. Mansi, D/O Sh.Balwinder Kumar Saini, , Aged-24 years
Resident of House No. 685, Sector 19 Panchkula, Haryana,
PIN-134109
.....................Respondents
8 (OA No. 060/1329/2019)
(BY Advocate: Sh. Sanjay Goyal, Sr. CGSC for
respdts.No. 1 & 2
Ms. Alka Chatrath for respdts. No. 3
to 86
Sh. Rohit Seth for respdts. No. 87 to
141)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed under Section 19 of the A.T. Act, 1985 against the action of respondents PGIMER whereby they have illegally initiated the process to fill up the 82 vacant posts of cadre of Nursing Officer from among students/candidates of National Institute of Nursing Education (NINE) of PGIMER without resorting to the process of public employment by inviting applications from all the eligible candidates from the open market and after proper competition among the qualified persons by adherence to process of public employment as enshrined in Articles 14 & 16 of the Constitution of India and also in sheer violation of the settled proposition of law as laid down by Hon‟ble Supreme Court of India in catena of Constitutional Bench and judgements and other authoritative judicial pronouncements as relied upon by the applicants in the OA.
2. The applicants further sought issuance of appropriate order/directions in the nature of mandamus to 9 (OA No. 060/1329/2019) respondent PGIMER authorities restraining them from filling up any post of cadre of Nursing Officer in PGIMER from among students/candidates of NINE Institute of PGIMER with further appropriate directions directing PGIMER to fill the said 82 vacant post of Nursing Officer through the process of public appointment by advertising the said post and to fill the same after competition from among all eligible candidates from the open market in accordance with Article 14 and 16 of the Constitution of India and catena of authoritative pronouncements by Hon‟ble Supreme Court of India in the interest of justice.
3. The facts as projected in the Original Application are that all the five applicants belong to South India and possess the qualification of B. Sc (Nursing)/Diploma in General Nursing and Midwifery from recognized University/Board and also possess the requisite experience after acquiring the relevant qualification.
4. It is averred in the Original Application that the Governing Body/Institute Body of PGIMER vide Agenda item No. 38/25 in their meeting held on 12.09.2019, approved the according of sanction to the modification of Recruitment Rules to the post of Nursing Officers at PGIMER Institute with immediate effect as communicated 10 (OA No. 060/1329/2019) by respondent No. 2 vide order dated 17.10.2017 (Annexure A-1).
5. It is further submitted that after the modification of RR for the post of Nursing Officer, respondent PGIMER issued recruitment notice/advertisement dated 22.10.2019 (Annexure A-2) inviting online applications from citizens of India for recruitment of various Group B and C posts on regular basis. The last date for closing of online applications was fixed as 22.11.2019. The present case is concerned with the Group B post of Nursing Officer qua which 78 posts in total including reserved category posts were being offered for recruitment on regular basis by respondent PGIMER. It was specifically mentioned in the note below the details of post that the above vacancies are provisional and subject to variation. The requisite eligibility criteria for the said post is reproduced hereunder:-
Sr. Name of Pay Age Qualification/Experience No. the Scale Limit Post(s) (As per 7 CPC) Nursing Level-7 Not (A) (I) B.Sc. (Hons) in
2. Officer excee Nursing from a recognized ding University or Institute;
35 OR years Regular course in B.Sc.
Nursing from a recognized University or Institute;
OR
Post Basic B.Sc Nursing
from a recognized
11 (OA No. 060/1329/2019)
University of Institute.
(II)Registered as a nurse or
nurse and mid-wife (RN or
RN & RM) with State
Nursing Council;
OR
(B) (I) Diploma in General
Nursing and Midwifery from
a recognized Board or
Council.
(II) Registered as a Nurse
or Nurse and mid-wife from
State Nursing Council.
(III) One year experience in
minimum fifty bedded
hospital after acquiring the
education qualifications
mentioned at B (I) above.
Note 1 : xxx xxx
Note 2 : xxx xxx
6. It is submitted by the applicants that after the issuance of recruitment notice dated 22.10.2019 by respondent PGIMER, advertising 78 vacant posts of Nursing Officer, respondents conducted DPC meeting on 26.10.2019 for promotion from the post of Nursing Officer to the post of Senior Nursing Officer and on the recommendation of DPC, vide Office Order dated 26.10.2019 (Annexure A-4) promoted 82 Nursing Officer to the promotional cadre of Senior Nursing Officer and consequently on account of said promotion, 82 more posts of Nursing Officers have become vacant in addition to the 78 posts already 12 (OA No. 060/1329/2019) advertised by respondent PGIMER in its recruitment notice dated 22.10.2019 (Annexure A-2).
7. It is further submitted that College of Nursing was established in PGIMER, Chandigarh in 1964 and upgraded as National Institute of Nursing Education (NINE) in 2003 with an aim to bring primary health services within the reach of call individuals. Earlier Nursing Institute was offering graduate and Post Graduate degree course in Nursing under Panjab University, however, after PGIMER, Chandigarh (Amendment) Act, 2008, degrees are now awarded by the respondent institute and accordingly respondent PGIMER/NINE provides for the two educational programmes viz.
(a) B.Sc. Nusing (4 year) programme
(b) B.Sc. Nursing (Post-Basic) - 2 year programme.
The NINE Institute has an annual intake of about 93 seats in the above said B. Sc Nursing (4 year) programme course and accordingly, approximately the same number of candidates pass out from the said institute every year. Copy of the prospectus for the Session 2019 for B.Sc. Nursing (Post-Basic) and B.Sc. Nursing (4 years) course is annexed as Annexure A-5. One of the clauses in the said prospectus which are 13 (OA No. 060/1329/2019) relevant for consideration by this Tribunal is reproduced hereunder:-
STIPEND/SCHOLARSHIPS B. Sc. Nursing (4 year) : Institute awards Rs. 300/- per month are stipend during four years to all students. Students are required to execute bond to serve the PGIMER, Chandigarh and other Central Govt. Institutions only for a period of three years if offered a job within six months by any of the above mentioned institutes after the completion of the training otherwise after six months of the completion of the training. This condition of the bond will be in-operative. The students are required to open a Saving Bank Account with the SBI, Institute Branch.
7. Under the garb of above clause of STIPEND/SCHOLARSHIPS in the prospectus (Annexure A-
5), respondent PGIMER, over a period of time, has been illegally and arbitrarily against the settled cannons of Law, appointing all the students of NINE Institute of PGIMER to the post of Nursing Officer in PGIMER through back door entry in public employment without following the rules of employment as mandated in Article 14 & 16 of the Constitution of India i.e. Appointment/Employment without Advertisement and without resorting to appointment on the said direct recruitment post of Nursing Officer as per the statutory provisions of recruitment rules (Annexure A-1) through competition after advertising the said post by way of public 14 (OA No. 060/1329/2019) employment. The copies of such three illegal appointment orders dated 24.01.2018, 03.12.2018 and 02.02.2019 in respect of students/candidates of NINE Institute of PGIMER passed during the year 2018 offering them appointment on the post of Nursing Officer in PGIMER on regular basis are collectively annexed as Annexure A-6.
8. It is further stated that in view of the above past practice/precedence, on account of falling 82 posts of Nursing Officer vacant, the respondent PGIMER is now again in the process of filling up the said 82 posts of nursing officer from among students/candidates of NINE Institute of PGIMER rather than filling up the said posts through public employment/recruitment notice dated 22.10.2019 (Annexure A-2) by adding the said 82 posts to the already advertised 78 posts of Nursing Officer by competition from among all eligible candidates from General Public.
9. The applicants have relied upon the judgement passed by the Apex Court in the matter of Nagendra Chandra Vs. State of Jharkhand & Ors., 2008 (1) SCT 160 which held that if an appointment is made in infraction of the recruitment rules, the same would be violative of Articles 15 (OA No. 060/1329/2019) 14 and 16 of the Constitution and being nullity would be liable to be cancelled.
10. The applicants submit that in view of the innumerable judicial pronouncements holding that equality and equal opportunity is a basic feature of our Constitution and adherence to Article 14 & 16 of the Constitution is a must in the process of public employment and unless the appointment is in terms of the relevant rules and after a proper competition among the qualified persons, the same would not confer any right on the appointee, the respondent PGIMER in sheer violation and derogation/contravention of the said Constitutional Scheme of India where equality of opportunity is a hallmark, is in an illegal and arbitrary manner, giving appointments to the students/candidates of NINE Institute of PGIMER without competition among the qualified persons, as such, the said action of the respondent PGIMER being untenable and unsustainable in the eyes of law is liable to be quashed and set aside by this Tribunal in the interest of justice. Hence, this OA.
11. Respondents No. 1 & 2 have filed the written statement to the Original Application. It is stated therein that PGIMER is a premier medical Institute under the 16 (OA No. 060/1329/2019) Government of India, Ministry of Health & Family Welfare and has been recognized as second largest Institute after AIIMS, New Delhi in the Public Sector. The PGI has established a Nursing College in the year 1969 which provides Diploma Education. In the year 1971, a full- fledged degree course has been started therein and it was decided at that time by the Standing Finance Committee (SFC) of the Institute vide Agenda item No. 6 in its meeting held on 19.03.1974 (Annexure R-1) that all the students studying there will be suitably absorbed/adjusted in the respective cadre of Nurses profession so that the students trained by the Institute itself are not brain drained. The SFC agenda carried the words as "The students will be required to execute bonds to serve the Government (which expression shall include the Central Government or any State Government or Union Territory Government or an autonomous body/hospital established by the Central/State/Union Territory Government) for a period of 3 years if required to do so within a period of six months after qualifying for full registration completing the course. Moreover, the nursing students of NINE get adequate exposure to various treatments during their postings in various 17 (OA No. 060/1329/2019) departments. To improve their practical and hands on skills, these nursing students are posted in various high intensive units under their teachers‟ supervision. So, any hospital will benefit from their own students to make their process effective and efficient as they are aware of the SOPs, ethos and ethics of their organizations and nursing officers hired from outside may take two to three years to acclimatize to adopt these processes in new organization. Therefore, the sole objective of the Institute to hire Nurses from NINE is to improve the patient care and safety. Hence, the applicants are not entitled to the relief sought and the OA is liable to be dismissed.
12. Respondents No. 3 to 86 have also filed their reply wherein they submitted that PGIMER had issued a Recruitment Notice dated 22.10.2019 (Annexure A-3) closing on 22.11.2019 whereby 78 posts of Nursing Officers were advertised. In pursuance of the said advertisement, the original applicants had submitted their application forms. The original applicants had applied against this recruitment notice, appeared in the examination conducted by PGIMER, but could not succeed.
18 (OA No. 060/1329/2019)
13. It is further stated that the Departmental Promotion Committee meeting was held on 26.10.2019 for promotion from Nursing Officer to the post of Senior Nursing Officer and as per the recommendation of DPC, vide their order dated 26.10.2019, 82 Nursing Officers were promoted as Senior Nursing Officers. The applicants are aggrieved by the action of PGIMER in not offering the aforesaid 82 posts under the selection process initiated by PGIMER by Recruitment Notice dated 22.10.2019.
14. It is further submitted that the answering respondents had applied for admission against Prospectus issued by PGIMER in 2015. They appeared in the written examination along with other students. They were given admission by PGIMER as per their merit as they agreed to the conditions mentioned in the Prospectus. They signed Surety Bond wherein it was categorically stated as under:-
"if after the completion of training, the obliger fails to serve the institute/other Central Govt. institutions, if offered a job within 6 months by any of the above institutes/Central Government institutions after completion of the training of the obliger, then the obliger is bound to serve the said institutions for 3 years, otherwise after six months of the completion of training, the condition of bond will be in-operative."19 (OA No. 060/1329/2019)
After having two year education in the third or fourth year, the students are being put in nursing care or under the supervision of regular staff that is why they are not only well versed with the functioning of the institute but also well trained to provide the best of the nursing care services when they put on duties from day one. If PGIMER is dependent exclusively from the open market, then, such recruitee needs to be adjusted for the couple of months with the working environment of the Institute and later on, it requires couple of years to put them on super specialties like Organ transplant area. Moreover, Since 1990‟s, the PGIMER authorities are offering the jobs to all the students who have successfully passed the 4 year B.Sc. Nursing Course from PGIMER and appointments are given to the post of Sister Grade II (now Nursing Officer Grade II). There are 1922 sanctioned posts of Nursing Officer. During the period when the answering respondents wee undertaking their course in PGI, they were put to assist the regular staff in duties by virtue of which they have gained experience which was the basis for the PGI Authorities in having taken a decision to give the students of NINE priority in the employment in the PGIMER being well equipped with 20 (OA No. 060/1329/2019) degree as well as experience under most challenging times in the history of PGIMER as well as the nation when the fight against COVID 19 pandemic was going on. The answering respondents are being deputed for duties in the various branches from time to time. Moreover, the answering respondents have given Bond to serve PGI as Staff Nurse after completion of their course. They were bound by the condition in the Bond to await employment in the PGIMER and were barred from availing opportunity to apply against other job opportunities in other Institutes before and after being actually recruited, putting them in a position where their age is catching up and preparations for appearing in competitive examination has gone to nil owing to heavy working schedule which keep them occupied and draining out, while their working in the PGIMER has been fruitful for patient care and up keeping of medical standards in view of the specialized treatment cases which come to PGIMER from adjoining states.
15. It is further stated that the applicants are wrong in submitting that the process of appointment to Nursing Officers through students of NINE of PGIMER as violating their equity and equal opportunity right as institutional preference is held to be permissible by the Supreme 21 (OA No. 060/1329/2019) Court right from 1971, therefore, is no longer res integra in view of the decisions of Hon‟ble Supreme Court in the case of D.N. Chanchala V. State of Mysore, (1971) 2 SCC 293. Furthermore, it is a matter of record that the academic performance is not guarantee of efficiency in practice as has been held by Supreme Court in Ajay Kumar Singh & Ors. Vs. State of Bihar & Ors. (1994) 4 SCC 401.
16. Reply has also been filed on behalf of respondents No. 87 to 141. They have reiterated the stand taken by respondents No. 1 to 86. They further stated that the answering respondents would have been ineligible to pursue their Masters Degree in PGI as well as in other Institutes which require experience of at least one year in minimum 100 bedded hospital for Public Health Nursing or Nursing Educational Institutions recognized by INC. The PGIMER for pursing the M.Sc. Nursing Course requires a candidate to have one year experience. Hence, continuation of answering respondents has also facilitated them in pursuing further studies if desired for career growth and attaining specialized knowledge for betterment of Institute, public at large and patient care. 22 (OA No. 060/1329/2019)
17. Answering respondents referred to the case of U.P. State Transport Corporation Vs. U.P. Parivahan Nigam Shishuks, 1995 (2) SCT 367 SC wherein the Apex Court held in para 2 that the scheme of apprenticeship has been introduced to promote the chances of employment of educated employed persons and to give preference to trained apprentice in case of employment otherwise it would amount to destruction of developed human resources. The claim of applicants in view of their condition in the bond, payment of monthly stipend and past action of authorities is pari materia to the provisions of Apprenticeship Act which provides to give priority recruitment/employment to candidates from internal source.
18. The answering respondents further stated that the respondents PGIMER vide notice dated 30.01.2020 (Annexure R-87/8) during the pendency of the present OA after making appointments of 84 B.Sc. students from NINE as Nursing Officers, fixed the date of examination for the post of Nursing Officer on 02.03.2020 for recruiting candidates from open market and vide order dated 30.12.2020 (Annexure R-87/8), recruited 11 such open market candidates. The answering respondents, 23 (OA No. 060/1329/2019) thus, state that the present Original Application is liable to be dismissed on the ground of estoppels inasmuch as the applicants appeared in the selection process and were unsuccessful and as such, they cannot turn around and claim that appointments made from internal source through direct recruitment stands vitiated as held in AIR 1986 SC 1043 titled Om Prakash Vs. Akhilesh Kumar, AIR 1991 SC 2248 titled Sardara Singh Vs. State of Punjab and (2008)4 SCC 171 Dhananjay Malik Vs. State of Uttaranchal in the case of Om Prakash Shukla.
19. The original applicants did not file any rejoinder.
20. We have heard the learned counsels for the parties and have carefully gone through the pleadings on record.
21. From the pleadings, it is an admitted fact that the respondents have issued the advertisement or recruitment of various Group „B‟ and „C‟ posts on regular basis. In Group „B‟ posts, 78 posts of Nursing Officers were advertised. The applicants appeared in the said examination, but could not succeed.
22. Now, by way of filing this Original Application, the applicants submit that the respondents conducted the DPC meeting on 26.10.2019 for promotion from the posts 24 (OA No. 060/1329/2019) of Nursing Officers to the posts of Senior Nursing Officers and on recommendation of the DPC, 82 Nursing Officers were promoted and consequently, 82 more posts of Nursing Officers have fallen vacant.
23. The contention of the applicants is that those 82 posts should have been advertised, but the respondents have made this recruitment and appointed the private respondents as Nursing Officers from the students of NINE (institute of PGIMER) rather than filling up the said posts from public recruitment notice dated 22.10.2019 (Annexure A-2) by adding these 82 posts to already advertised 78 posts from competition from all eligible candidates from general public.
24. The respondents have specifically submitted in their reply that the PGIMER is a premier medical Institute under the Government of India, Ministry of Health & Family Welfare and has been recognized as second largest Institute after AIIMS, New Delhi in the Public Sector. The PGI has established a Nursing College in the year 1969 which provides Diploma Education. In the year 1971, a full- fledged degree course has been started therein. The Standing Finance Committee (SFC) of the Institute vide Agenda item No. 6 in its meeting on 19.03.1974 25 (OA No. 060/1329/2019) (Annexure R-1) held that all the students studying there will be suitably absorbed/adjusted in the respective cadre of Nurses profession so that the students trained by the Institute itself are not brain drained.
25. The respondents further submit that the nursing students of NINE get adequate exposure to various treatments during their postings in various departments. To improve their practical and hands on skills, these nursing students are posted in various high intensive units under their teachers‟ supervision. So, any hospital will benefit from their own students to make their process effective and efficient as they are aware of the SOPs, ethos and ethics of their organizations and nursing officers hired from outside may take two to three years to acclimatize to adopt these processes in new organization.
26. It has been specifically submitted by the respondents that the whole objective of the institute to hire Nursing Officers from NINE is to improve patient care and safety. Another specific submission made on behalf of the respondents is that while entering in the nursing course, the nursing students have to serve PGI as Staff Nurse after completion of their course. They were bound by the condition in the Bond to await employment in the PGIMER 26 (OA No. 060/1329/2019) and were barred from availing opportunity to apply against other job opportunities in other Institutes.
27. The further contention of the respondents is that after having two year education in the third or fourth year, the students are being put in nursing care or under the supervision of regular staff that is why they are not only well versed with the functioning of the institute but also well trained to provide the best of the nursing care services when they put on duties from day one and they were put to assist the regular staff in duties by virtue of which they have gained experience which was the basis for the PGI Authorities in having taken a decision to give the students of NINE priority in the employment in the PGIMER
28. It has been submitted by the respondents that the private respondents have gained the experience and the PGIMER has trained them for the specific work in the NINE Institute and they have been acclimatized to perform such duties.
29. The private respondents in their reply, have also submitted that in view of the bond executed by them in the nursing course, they are ineligible to pursue their Masters Degree in PGIMER as well as in other institutes. 27 (OA No. 060/1329/2019)
30. The private respondents have relied on the U.P. State Transport Corporation (supra) wherein the Apex Court held in para 2 that the scheme of apprenticeship has been introduced to promote the chances of employment of educated employed persons and to give preference to trained apprentice in case of employment.
31. The respondents have also relied upon the judgement passed by the State of Orissa & Anr. Vs. Rajkishore Nanda & Ors., 2010 (6) SCC 777 wherein, it has been held by the Apex Court that it is the exclusive prerogative of the employer/State Administration to initiate the selection process for filling up vacancies occurred during a particular year. There may be vacancies available but for financial constraints, the State may not be in a position to initiate the selection process for making appointments. Bonafide decision taken by the appointing authority to leave certain vacancies unfilled, even after preparing the select list cannot be assailed. The Courts/Tribunals have no competence to issue direction to the State to initiate selection process to fill up the vacancies.
32. Thus, to make recruitment from the internal source is not violative of Article 14 of the Constitution of India as 28 (OA No. 060/1329/2019) validity of any provision can be sustained only if two tests are satisfied. First test is that classification, on which it is founded, must be based on intelligible differentia which distinguishes persons or things grouped together from others left out of the group and the second is that differentia in question must have a reasonable relation to the object sought to be achieved by the provision in question. Thus, the object sought to be achieved by the State is to have a better medical care service as the private respondents have gained while working in PGIMER. The similar bonds are being filled up in the other States of Andaman & Nicobar, Assam, Andhra Pradesh, UT of Chandigarh, etc. etc. In view of the condition of the bond, payment of monthly stipend and past action of authorities is para material to the provision of Apprenticeship Act which provides to give priority recruitment/employment to candidates from internal source and hence, the private respondents is a separate class.
33. Moreover, the private respondents have gained the experience and the PGIMER has trained them for the specific work in the NINE Institute and they have been acclimatized to perform such duties.
29 (OA No. 060/1329/2019)
34. It is also noticed that the answering respondents have given Bond to serve PGI as Staff Nurse after completion of their course. They were bound by the condition in the Bond to await employment in the PGIMER and were barred from availing opportunity to apply against other job opportunities in other Institutes before and after being actually recruited, putting them in a position where their age is catching up and preparations for appearing in competitive examination has gone to nil owing to heavy working schedule which keep them occupied and draining out, while their working in the PGIMER has been fruitful for patient care and up keeping of medical standards in view of the specialized treatment cases which come to PGIMER from adjoining states. Besides, the private respondents have been entrusted with the special duties under the supervision of regular staff for which the stipend is being paid to them.
35. We think that it is a befitting decision to hire Nursing Officers from NINE or patient care and safety. We also notice that PGIMER is a premiere institute and the admission to Nursing Degree provided by this Institution is based on all-India level competitive examination following due reservation as per law. Here, selection is 30 (OA No. 060/1329/2019) being made on merit basis. So, here, the trained candidates form a class in itself which get training of patient care and safety during the nursing course itself. Moreover, the nursing students of NINE get adequate exposure to various treatments during their postings in various departments. To improve their practical and hands on skills, these nursing students are posted in various high intensive units under their teachers‟ supervision. So, any hospital will benefit from their own students to make their process effective and efficient as they are aware of the SOPs, ethos and ethics of their organizations and nursing officers hired from outside may take two to three years to acclimatize to adopt these processes in new organization. Therefore, the sole objective of the Institute to hire Nurses from NINE is to improve the patient care and safety. Moreover, the stipend has been given to the private respondents and they have been deputed to work during the nursing course under the supervision of their regular employees which is not the case of the applicants.
36. The respondents have also submitted that for the past so many years, this has been done as per the agenda and decision taken by the respondent department. The respondents have also relied upon Apex Court judgement in Municipal Corporation for City of Pune and Anr. Vs. Bharat Forge Co. Ltd. And others, 1995(3) SCC 434 31 (OA No. 060/1329/2019) which held that these Notifications should be deemed to have good effaced because of disuse for almost 50 years by 1963, as permitted by the legal process known as "desuetude"
37. We notice that the applicants are seeking relief to fill up the 82 posts which were not advertised. It is clear that the applicants competed against 78 posts advertised through notice/advertisement dated 22.10.2019 (Annexure A-2), but could not succeed. So, they have no locus standi to agitate the matter. Moreover, the OA filed by the applicants seems to be a sort of Public Interest Litigation agitating against the action of the respondents to recruit 82 posts of Nursing Officers from NINE and not advertising the same to the general public, which is not permissible.
38. In view of the foregoing discussion, this Tribunal does not find any merit in the Original Application and the same is dismissed.
39. There shall be no order so as to costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*