Punjab-Haryana High Court
Rajeev Gaur And Ors vs State Of Haryana And Ors on 15 July, 2021
Author: Arun Monga
Bench: Arun Monga
203 (16 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-1674-2021 (O&M)
Date of decision: 15.07.2021
Rajeev Gaur and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
Along with
CWP-4171-2021 (O&M)
Anju Poonia ...Petitioner
Versus
State of Haryana and another ...Respondents
CWP-4671-2021 (O&M)
Sonali Khurana ...Petitioner
Versus
State of Haryana and ors ...Respondents
CWP-1761-2021 (O&M)
Ritu and another ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-5482-2021 (O&M)
Pardeep Yadav and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-5483-2021 (O&M)
Reetu Saini ...Petitioner
Versus
State of Haryana and another ...Respondents
CWP-5485-2021 (O&M)
Parveen and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
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CWP-5486-2021 (O&M)
Pooja Sharma and ors ...Petitioners
Versus
State of Haryana and another ...Respondents
CWP-5487- 2021 (O&M)
Sunil Kumar and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-5489-2021 (O&M)
Shakshi ...Petitioner
Versus
State of Haryana and another ...Respondents
CWP-5490-2021 (O&M)
Kuldeep Kumar and others ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-5500-2021 (O&M)
Yogesh Rolan and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-6115- 2021 (O&M)
Krishan and ors ...Petitioners
Versus
State of Haryana and ors ...Respondents
CWP-5488-2021(O&M)
Amandeep Kaur Narula and ors ...Petitioners
Versus
State of Haryana and another ...Respondents
CWP-4365-2021 (O&M)
Uma Saini ...Petitioner
Versus
State of Haryana and another ...Respondents
CWP-10896-2021 (O&M)
Sunita Devi and another ...Petitioners
Versus
State of Haryana and ors ...Respondents
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CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. Lekh Raj Sharma, Advocate,
Mr. Sajjan Singh, Advocate,
Mr. P.K.Ganga, Advocate,
Mr. Lalit Kumar Yadav, Advocate,
Mr. Mukesh Rao, Advocate,
Mr. Vijay Pal, Advocate,
Mr. Vikram Sheoran, Advocate,
Mr. Parth Goyal, Advocate,
Mr. Munish Kumar Garg, Advocate,
Mr. Deepak Singh Saini, Advocate,
Mr. V.D.Sharma, Advocate,
Mr. Ashish, Advocate,
Mr. S.S.Khillianwala, Advocate,
for the petitioners.
Mr. Lokesh Sinhal, Senior Additional A.G., Haryana
for the official respondents-State.
(Presence marked through Video Conference)
***
ARUN MONGA, J. (ORAL)
This order will dispose of a bunch of the abovesaid Civil Writ Petitions as the material questions for adjudication are the same or within the same ambit.
2. Short controversy arising herein is from the grievance of the petitioners qua the mandatory condition of having first done a six months' Bridge course programme on certificate in community health for nurses (BPCCHN) from IGNOU or any other State University/Institution as a pre- condition for being eligible to apply for the post of Health Providers-cum- Community Health Officers on regular basis. As per advertisement dated 28.12.2020 issued by State Health Society, Haryana 671 posts are to be filled up. The grounds pleaded by the petitioners, inter alia, are that envisaged mandatory 6 months prior course (BPCCHN) was not even in 3 of 5 ::: Downloaded on - 16-07-2021 20:52:41 ::: existence when they finished their B.A.M.S. degree in graduation. Even otherwise, it is the argument of learned counsel for the petitioners that the aforesaid six months' Bridge course can only be undertaken, only if the State Government/Health Department sponsors the in service selected candidates to undergo the said training. They submit that without being in service or without being sponsored, applications for doing the said course are not being entertained by the IGNOU.
3. In the premise, the said pre-condition is highly oppressive and frustrates the right of the petitioners to apply for the post, despite having the requisite educational qualification.
4. On a Court query, Mr. Lokesh Sinhal, learned Sr. Additional Advocate General, Haryana, under instructions of Dr. Sarita Yadav (SS) NHM, Haryana, submits that in case, the petitioners are willing to give an undertaking, upon being successfully selected, that they shall obtain the requisite certificate of Bridge course programme in community health from IGNOU, subject of course to their being sponsored by the Department/ NHM. There is no objection by the State Health Society for their applying on the advertised posts subject to the aforesaid undertaking by the petitioners.
5. All the learned counsels appearing for the petitioners are ad idem that they have the instructions from the petitioners to state that they are ready and willing, and shall undergo the aforesaid Bridge course as a pre-requisite to continue in service, provided the State Health Society sponsors them to do so.
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6. In the premise, the writ petitions are disposed of with a direction to the official respondents to allow the petitioners to apply for the advertised posts and proceed with the selection process in accordance with law. Needless to say, that in case, the petitioners are selected, they shall then have to undergo the Bridge course as aforesaid. Along with their application form pursuant to the advertisement, they shall also give an undertaking to the same extent.
7. It is, however, made clear that the applicants, who have either already undergone the Bridge course during the pendency of the proceedings or had otherwise done it before filing of the writ petition, they will not have to give such undertakings. Rest of the candidates shall give their undertakings within two weeks of the date of declaration of the result.
8. Disposed of in above terms.
9. Pending application, if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
July 15, 2021
Vandana
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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