GUL SHANA BEGUM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was a candidate for the post of Auxiliary Nurse Midwife, (Health Worker) in a Government Hospital in the year 2011. One of the essential conditions for a candidate must be intermediate and having two years certificate of Basic Women Health Worker Training from a State Medical Faculty. The petitioner has all the required qualifications, but her application form was rejected on the ground that she did not annex the marksheet of second year of the Basic Women Health Worker Training.

(2.) ACCORDING to the petitioner, she has annexed the marksheet as well as the certificates for the said examination and had given all the details of passing such an examination for both the years in the application form. Even assuming that her second year mark -sheet was not attached, a presumption could not have been drawn that she does not have a qualification, as she has mentioned the entire details of her qualification in the application form and moreover, a certificates has been annexed in the present writ petition.

(3.) IN the counter affidavit, the only ground taken by the State that the candidature of the petitioner was rejected, as she has not supplied the complete documents, such as mark -sheet of second year examination of Basic Women Health Worker Training and it was categorically stated in the advertisement that incomplete application form cannot be accepted and will be rejected i.e. precisely the stand of the State Government.