JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner was a candidate for the post of Nurse/Midwife in Government Hospitals at Uttarakhand for which selection process was initiated by respondent No. 2 - Director General (Health), State of Uttarakhand. The petitioner had done her Diploma in General Nursing and Midwives from Haryana (Batch 2003-2006). 2. According to the petitioner, she was fully eligible for the said post, however, her candidature was not considered by the respondents. She sought information to this effect, under the Right to Information Act, from the Department concerned wherein she was informed that she has not annexed the copy of the certificate of registration of the employment exchange in any of the Districts in Uttarakhand. According to her, she was registered with Employment Exchange, Dehradun and her employment exchange registration number is UA05120094851. Hence she has filed the present writ petition. 3. The petitioner has filed rejoinder affidavit annexing therewith application form wherein she has given the details of her enrolment number (i.e. UA05120094851) with the Employment Exchange, Dehradun along with other details. The stand of the State Government before this Court is that though this information was given in the application form but the proof to this effect was not annexed by the petitioner, therefore, her candidature was rejected. On the other hand, the petitioner has contended that her candidature was rejected only on the ground that she had not annexed the copy of the employment exchange along with the application form, but she had clearly mentioned her registration number in the application form. 4. This is nobody’s case that the petitioner was not registered with the Employment Exchange and she was not eligible for the appointment for the post of Nurse. The only contention of the respondent is that she has not annexed any proof along with the application form which shows that she was, at the relevant time, registered with the Employment Exchange, Dehradun. Since the details were given in the application form by the petitioner, in case a certificate was missing (which the petitioner insists that she was having all the certificates) it was necessary for the respondents to ask for such a certificate from the petitioner, however, they have rejected the application of the petitioner straightway, which is not a proper method in such matters. 5.
5. Since there is no other impediment or any ineligibility of the petitioner and this being the situation, this Court is of the opinion that the candidature of the petitioner was wrongly rejected on the grounds that a proof for her registration with Employment Exchange was not given. Accordingly, the writ petition succeeds. Respondent No. 2 – Director General (Health), State of Uttarakhand is hereby directed to consider the case of the petitioner for the post of Nurse/Midwife afresh, considering her eligibility and qualifications. The petitioner shall also submit afresh proof for her registration certificate of the Employment Exchange, Dehradun along with other details. 6. It is made clear, in case, any person of lesser merit than the petitioner has been appointed by the authority concerned; the petitioner shall be considered for appointment on the said post, without disturbing the select list. In case, no such post is vacant at present, the candidature of the petitioner shall be considered on the next available vacant post. 7. The direction of this Court is only for reconsideration of the candidature of the petitioner, subject to the other essential eligibilities of the petitioner to the post of Nurse/Midwife, as this Court is of the opinion that the candidature of the petitioner was wrongly rejected by the authority concerned.