STATE OF U P Vs. REENA KUMARI

JUDGEMENT

(1.) We have heard learned counsel for parties and perused the pleadings of Special Appeal.

(2.) This Special Appeal has been filed assailing Judgment and order dated 21.10.2013 passed in Review Petition No. 92 of 2013 (Reena Kumari and others vs. State of U.P. and others).

(3.) The main grounds of challenge are that the learned Single Judge, while deciding the Review Petition, has considered new pleas taken for the first time in the Review Petition. The same were not pleaded in the averments, nor argued during the course of hearing of the Writ Petition. It is also a ground that the Respondents did not possess the minimum educational qualification prescribed under the relevant rules namely, U.P. Medical Health and Family Welfare Department, Health Workers and Health Supervisor (Male & Female) Rules of 1997 (for short 'the Rules, 1997'). The Respondents are only High School and Intermediate without Science, although they were trained as Auxiliary Nurse and Midwife (ANM) between the years 1998 to 2007. Thus, by permitting the Respondents to participate in the selection process of Health Workers (Female) there would be violation of the provisions of Statutory Rules, 1997. Learned Single Judge has left the question of vires of Rules, 1997 open to be decided by the appropriate authority, and moreover, the same not being questioned, even then the Court has permitted the Respondents to participate in the selection process.