MS. P.A. DOLLY Vs. MANAGING DIRECTOR, BHILAI STEEL PLANT, STEEL AUTHORITY OF INDIA LIMITED, BHILAI & ORS.

JUDGEMENT

(1.) The instant petition filed under Art. 226/227 of the Constitution of India seeks a direction originally against the respondents to appoint the petitioner as Nursing Sister in the respondents-Hospital. Thereafter by way of amendment dated 11-7-2005 a new prayer i.e. 7.III was added to the effect that the respondents be directed to consider the petitioner's case and to continue with her services as Nursing Sister.

(2.) That the facts in nutshell are that the petitioner has completed four years Bachelor of Science (Nursing) course in Jawahar Lal Nehru Hospital and Research Center of the Bhilai Steel Plant, as Sector-9, Bhilai (for short 'Hospital'). After completion of the training course, she was awarded a degree of Bachelor of Science (Nursing) from Ravi Shankar University, Raipur. By order dated 6-9-1993 (Annexure P/3), the petitioner was selected for appointment in the Hospital by the Respondent No. 3 on purely temporary basis for a maximum period of four years only. The terms of appointment was that services of the petitioner was terminable without any previous notice, if the employee is unfit or is likely for a considerable time to continue unfit or if the employee is found guilty of any insubordination, intemperance or any other misconduct or breach of any rules pertaining to her service or conduct of non-performance of her duties.

(3.) The petitioner was further required to execute a bond for a period of four years w.e.f. 1-8-1996 (Annexure P/4). The petitioner completed four years bond period of her service w.e.f. 1-8-1996 to 31-7-2000 and as such the petitioner was relieved from bond service of Bhilai Steel Plant by order dated 3-8-2000 (Annexure P/5) w.e.f. 31-7- 2000 (AN). According to the petitioner, the petitioner was given an understanding that the services of the petitioner, who had taken training in the Hospital, would be regularized. The Respondent No. 1 by letter dated 16-12-2002 (Annexure P/6) sent a call letter to the petitioner for interview for the purpose of appointment on the post of Nursing Sister. Along with the petitioner, several others were also sent the same call letter for interview. Her name and that of other eligible candidates were called from the employment exchange. According to the respondents, 64 candidates were called for interview, 63 candidates appeared in the interview, out of which 40 candidates were selected. The minimum qualifying marks in interview were 25. The petitioner could not succeed in the interview as she did not get the minimum qualifying marks i.e. 50% of the total marks i.e. 50.