SHAILAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are stated to have been appointed as Staff Nurse on contract basis in the month of December 2012 for a period of two years by respondent 2. However, after coming to know that the petitioners did not have requisite experience of two years for being appointed as Staff Nurse on contract basis, these petitioners are removed from service as is clear from Annexures-D1 and D2. According to the petitioners, the second petitioner namely Shivanamma D/o. Gangappa is removed from service orally without providing her any order in writing. Learned Counsel for the petitioners submits that the qualification prescribed by respondent 2 i.e., two years of experience as a nurse after completion of Diploma in General Nursing Course may not be treated as mandatory requirement but it may be treated as directory.

(2.) The records reveal that the notification was issued by respondent 2 as per Annexure-A, dated 27-4-2012 inviting applications to the post of Staff Nurse and other posts. Insofar as post of Staff Nurse is concerned, qualification prescribed is B.Sc., Nursing/PUC with Diploma in General Nursing and Midwifery Examination Certificate. Apart from the same, the candidate should have minimum of two years experience as a Nurse. Thus, Notification at Annexure-A inviting applications makes it amply clear that two years experience is mandatory for being selected as Staff Nurse in respondent 2-institution on contract basis. Admittedly, these petitioners did not have two years experience as prescribed under notification, therefore, the respondents are justified in terminating the services of the petitioners within two months of their appointment on contract basis, on the ground that the petitioners did not have the requisite qualification relating to experience of two years.

(3.) Moreover, it is for the employer/concerned authority to fix the qualification for appointment. The Courts normally would not interfere in the matter of prescribing qualifications to a particular post. The employer would be knowing as to what is the requirement for the said post. In this view of the matter, it is always open for the employer to have its own standard for the appointment. Be that as it may, since the petitioners did not have requisite qualification as prescribed in the notification inviting applications, no interference is called for.