PUSHPANJALI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH consent the matter is heard finally.

(2.) THE short question which crops up for consideration is as to whether petitioner having appointed as Lab Technician on contract basis for a period of one year w.e.f. 28.2.2010 and she having fulfilled the conditions stipulated in the agreement of producing the registration from Madhya Pradesh Paramedical Council, Bhopal within the stipulated period, the respondents would be justified in cancelling the order of appointment. Facts briefly are that in pursuance to advertisement dated 16.1.2009 issued by Chief Medical and Health Officer District Satna inviting applications from eligible and qualified candidates for selection on different posts, i.e., Child Specialist, Staff Nurse and Lab Technician, the petitioner being qualified applied for the post of Lab Technician in pursuance whereof and on the basis of selection procedure adhered to by respondents, the petitioner was found suitable and was offered appointment on the post of Lab Technician on contract basis for a period of one year by order dated 26.2.2009.

(3.) IT is contended that may be the said eligibility was stipulated in advertisement dated 16.1.2009 which provided from "fMIyksek dk e/;izns'k jftLV s'ku gksuk vfuok;Z gS A", the same being contrary to the Rules framed will not deprive the petitioner for being appointed as Contract Lab Technician, as the petitioner otherwise was duly qualified . IT is urged that persons similarly placed as the petitioner who were also not having registration in their favour at the time when engaged on contract were allowed to continue subject to their obtaining the registration within the time provided in their agreement. To substantiate the submission, petitioner has brought on record the order dated 13.5.2009; whereby, Staff Nurses who were appointed on contract basis with the stipulation that they should obtain registration within a period of two months from the date of contract have been permitted to discharge as contract nurse but the petitioner has been discriminated in respect of her appointment as contract Lab Technician.