UNION OF INDIA (UOI) Vs. NEELU

JUDGEMENT

(1.) Admit. With the consent of the learned Counsel for the parties these appeals are taken up for final hearing. Both these appeals raise a question relating to the recruitment of nurses in Ram Manohar Lohia Hospital (hereinafter referred to as "RML Hospital") and are accordingly being dealt with by a common judgment.

(2.) Writ Petition No. 7652/2005 in the case of Union of India v. Neelu, arises from the judgment dated 17th March 2005 passed by the Central Administrative Tribunal (CAT), whereas LPA No. 2449/2005 in the case of Union of India v. Sarita arises from the judgment of the learned Single Judge dated 13th September, 2005, deciding a similar issue. For the sake of convenience, I have taken up facts of the W.P. (C) No. 7652/2005 which are similar and illustrative of the issue involved in the LPA No. 2449/2005 and a judgment in this case would cover facts of the LPA excepting an additional plea raised by Mr. P. P. Malhotra, the learned Additional Solicitor General, regarding the jurisdiction of the writ court.

(3.) The issue involved in the present case arose from an advertisement issued by the Management of RML Hospital on 6th and 12th September, 2003. The relevant provisions of the said advertisement read as follows: S.No. Post/Category/ Age No. of Essential Qualification Desirable Qualifications Scale of Pay Limit Vacancies and experience required (in and rese- Experience years) rvation 1. Staff Nurse/Group C / 35 57 (Fifty 1. Diploma in General 2.a) Registered as Rs. 5000-150-8000 Seven) Nursing and Midwifery Nurse, and b) (Unreseved or equivalent. Registered as midwife -29 OBC-19, or equivalent with any SC-06 ST-03 state Nursing Council. X 2. - - - - - 3. - - - - -