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Madhya Pradesh High Court · body

2015 DIGILAW 575 (MP)

Sheela Chaube v. State of M. P.

2015-05-12

S.C.SHARMA

body2015
ORDER 1. The petitioner before this Court has filed this present petition being aggrieved by the order dated 31.10.2014 by which the selection for the post of Female Health Worker has been cancelled as she has not qualified the examination in the 10+2 Educational System. The only reason assigned in order dated 31.10.2014 is the aforesaid reason. 2. The petitioner has passed Higher Secondary i.e. 11th class. The petitioner has successfully passed the Higher Secondary examination, meaning thereby, 11th standard and she has not cleared the 12th standard examination as she has passed 11th examination in the year 1985 and in 1985 there was no 10+2 system in vogue. 3. The time was granted to the respondents to seek instructions on 13.11.2014, however, there is no reply filed in the matter. The matter is being disposed of with the consent of the parties at admission stage itself. 4. Learned counsel for the petitioner has brought to the notice of this Court the Schedule 3 (Rule 8) appended to Public Health and Family Welfare Department, Non-Ministerial (Directorate of Health Services) Class-III Service Recruitment Rules, 1989. The relevant Schedule (page 54) reads as under :- SCHEDULE - 3 (see rule 9) S. Name of the Post Minimum Upper Essential Qualification Remarks No. included in the age age Sercvice limit limit (1) (2) (3) (4) (5) (6) 1. (B) Female Health 18 30 1. Should have passed Worker Higher Secondary Examination/12th Class Examination in 10+2 Educational system (with Physics, Chemistry and Biology). 2. Should have passed 18 months training course of Female Health Worker. 3. Registratio of Female Health Worker. 5. The aforesaid recruitment rules provided that a candidate should have cleared Higher Secondary examination or 12th class in the 10+2 Educational System. The petitioner is certainly having Higher Secondary examination certificate to her credit, therefore, in the light of Schedule 3 (Rule 8) of the Recruitment Rules, 1989 the impugned order has to pave the path of extinction. 6. Resultantly, the impugned order is hereby quashed. The petitioner shall be entitled for all benefits flowing out of the selection which was done vide order dated 20.10.2014. 7. The writ petition stands allowed.