SUMAN DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Brief Facts

(2.) The appellants, who are registered Auxiliary Nurse Midwives (hereafter "ANM"), complain that the Uttarakhand High Court's ruling[1] regarding their ineligibility for appointment to the cadre of Family Health Worker (hereafter "FHW"), Auxiliary Nurse-Midwives (hereafter "ANM") and Health Supervisor (hereafter "HS") is erroneous. The Government of Uttarakhand had advertised on 15.03.2016, 440 vacancies of FHW (Female) and ANM, relative to several years' backlog. The advertisements were challenged as being contrary to the recruitment rules; the challenge was upheld by a single judge (who allowed the writ petitions) and whose decision was affirmed by the impugned judgment.

(3.) The erstwhile United Provinces enacted a law, brought into force w.e.f. 25.08.1934 (hereafter called "the UP Law").[2] The object of the UP Law was to provide for registration of nursing profession. The UP Law was later amended, and a definition of Auxiliary Nurse-Midwife was inserted.