A. P. Nursing Samkshema Sangam v. State of Andhra Pradesh
2021-11-24
M.SATYANARAYANA MURTHY, PRASHANT KUMAR MISHRA
body2021
DigiLaw.ai
ORDER : 1. This writ petition in the nature of public interest litigation is preferred seeking the following relief: “To issue a writ or order or a direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of Mandamus declaring the notification for recruitment of Mid-Level Health Providers through proceedings in Rc. No. 1536098/HWC/NHM/2021, dated 21.10.2021 issued by the respondent No. 2 as the said notification is insisting that a person to be appointed to the category of regarding Mid-Level Health Providers shall be one who has studied Certificate Programme for Community Health (CPCH) as integrated certificate programme in the B.Sc.(N) but the said subject was introduced by the Indian Nursing Council (INC) through a circular in F. No. 1-2/NEC/2019-INC, dated 12.02.2019, because the old students who passed prior to 2019 were not considered in the notification as eligible, which is illegal, Void, Unconstitutional and against to the interest of natural justice to the detriment of the interest of poor students of B.Sc.(N) herein, as illegal, Void, Unconstitutional and against to the interest of natural justice and consequently, set aside the same in the interest of justice and further pleased to re-notify the said notification by giving an opportunity to each and every student and to pass such other order or orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. During the course of hearing, it is brought to our notice that some of the affected individuals have already preferred writ petitions, which are pending consideration before the learned single Judge. 3. In view of the above, we are of the considered opinion that any decision on merits of this writ petition, which is in the nature of Public Interest Litigation, which is not maintainable in view of the judgment of the Hon’ble Supreme Court in Dr. Duryodhan Sahu and Others vs. Jitendra Kumar Mishra and Others, 1998 (7) SCC 273 , would defeat the cause in the individual writ petitions, which are pending consideration before the learned single Judge. 4. At this stage, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition. 5. Permission is accorded and the Writ Petition (PIL) is dismissed as withdrawn.
4. At this stage, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition. 5. Permission is accorded and the Writ Petition (PIL) is dismissed as withdrawn. We observe that withdrawal of this petition shall not come in the way of pursuing the writ petitions pending before the learned single Judge and that anything contained herein shall not be construed to be any opinion on merits of the case. No costs. All pending miscellaneous applications shall stand dismissed.