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2006 DIGILAW 2277 (PNJ)

Sanjay Kumar v. State Of Haryana

2006-05-22

M.M.KUMAR, M.M.S.BEDI

body2006
Judgment M. M. Kumar, J. 1. The prayer made in this petition is for issuance of a direction to the respondents to issue call letters for interview to the petitioners which have been issued to female candidates whose interviews have been conducted from 14.10.2005 to 19.10.2005 for selection to the post of Staff Nurses in response to the advertisement no.1/2005 (Annexure P.1) and dated 31.8.2004 ( Annexure P.5 ). The main argument raised by the learned counsel for the petitioners is that the respondents have confined selection only to the female candidates without taking into consideration the terms of the advertisement and the rules known as Haryana Health Department, Nursing Personnel and Lady House keepers ( Group C) Service Rules, 1998 (for brevity the 1998 rules ). 2. When the matter came up for consideration on 11.5.2006, we have expressed a prima facie view that the 1998 Rules do not contemplate the recruitment for the post of Staff Nurses only from amongst the females. As to why the interview has been confined only to female candidates was required to be explained by the respondents and as such time was granted to the learned State Counsel to seek instructions. It was further recorded in the afore-mentioned order that the result of the interviews already conducted was not to be declared in the meanwhile. When the matter came up for further consideration 15.5.2006, the Director, Health Services, Haryana, Dr. Renu Verma had appeared and stated that the matter was required to be discussed at the government level. 3. Accordingly, one weeks time was granted for consideration of the matter and instructions were to be obtained by today. 4. Learned State counsel has emphasised on the eligibility of the petitioners and argued that according to the definition of expression institution given under rule 2 (e)of the1998 rules, the candidate eligible for selection as Staff Nurse is required to have diploma from an institution established by law in force in the State of Haryana or any other institution recognised by the Government for the purposes of these rules. It is appropriate to mention that in appendix B read with Rule 7, the qualifications for the post of Staff Nurse by way of direct recruitment are B. Sc. (Hons.), Nursing or B. Sc. (post basic) Nursing or diploma in General Nursing with midwife training from a recognised institute/ University. It is appropriate to mention that in appendix B read with Rule 7, the qualifications for the post of Staff Nurse by way of direct recruitment are B. Sc. (Hons.), Nursing or B. Sc. (post basic) Nursing or diploma in General Nursing with midwife training from a recognised institute/ University. A further requirement is A division Nurse (with Midwife training)registered with Haryana Nurses Registration Council and Hindi upto matric standard. 5. According to the learned counsel, the petitioners or many male candidates do not answer the afore-mentioned qualification and therefore their candidature cannot be considered and they cannot be called for interview. 6. Mr. Jatin Talwar, learned counsel for the petitioner has submitted that if the petitioners are found eligible then they should not be disqualified to participate in selection process merely on the ground of sex i. e. they are male by sticking to the female candidates alone. It is conceded that subject to other conditions if the petitioners are found to be qualified/ eligible for the post of Staff Nurse then they should be permitted to participate in the selection process by issuing them interview letters. 7. In view of the above agreement arrived at between the learned counsel for the parties, we allow the writ petition by directing the respondents to call the petitioners and other male candidates, who have applied for the post of Staff Nurse, without excluding their claim solely on the basis of ground of sex. It is needless to observe that those candidates who do not answer the qualification/ eligibility criterion as disclosed in the advertisement and the 1998 Rules would not be called for interview. It is made clear that till the time the petitioners are called for interview and their claims are considered in accordance with law, the result of the interviews conducted in respect of female candidates shall not be declared. The result, shall, however, be declared as and when the interview of male candidates have been conducted in accordance with the directions issued in this order. The selection process shall now be completed within a period of three months from today. If the candidature of any of the petitioner or other male candidates is rejected on any other ground then this order shall not cause any prejudice to the right of a such person. The petition stands disposed of in the above terms.