PRIYANKA SIDU NIMSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India questioning the legality of her disqualification from the recruitment process conducted by the Zilla Parishad, Ahmednagar, for appointment to the post of Arogya Sevak (Female). The relief sought is a direction to the respondent authorities to consider her candidature and appoint her to the said post on the ground that she possesses a qualification which, according to her, is higher than the qualification prescribed in the advertisement.

(2.) The relevant facts, which are largely undisputed, may be noted at the outset. Respondent No. 2 issued an advertisement inviting applications for filling up various posts, including 496 posts of Arogya Sevak (Female). The advertisement clearly stipulated that the essential educational qualification for the said post was possession of a diploma in Auxiliary Nurse Midwifery (ANM), together with registration with the Maharashtra Nursing Council, Vidarbha Nursing Council, or eligibility for such registration. The petitioner, claiming herself to be eligible, submitted her online application and appeared for the written examination conducted on 19/7/2024. She secured sufficient marks and her name appeared at Serial No. 34 in the combined merit list. Thereafter, she was called for document verification on 11/9/2024. Upon completion of the verification process, the respondent authorities published two lists, one of selected candidates and another of disqualified candidates. The petitioner's name appeared in the list of disqualified candidates on the ground that she did not possess the qualification of ANM but held a diploma in General Nursing and Midwifery (GNM).

(3.) The petitioner's grievance is that despite qualifying in the written examination and being registered with the Maharashtra Nursing Council, her candidature has been rejected solely because she holds a GNM diploma instead of an ANM diploma. According to the petitioner, such disqualification is arbitrary and illegal.