SUSHEELA DADHORE Vs. STATE OF M. P.

JUDGEMENT

(1.) Pleadings are complete. Since the parties agreed to argue the matter finally, therefore, looking to the issue involved, it is finally heard.

(2.) By way of this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the communication dtd. 24/4/2023 (Annexure-P/1) made to the Government Advocate assigning reason as to why the candidature of the petitioner has been rejected.

(3.) As per facts of the case, the petitioner had participated in the selection process of departmental candidate for the post of Senior Nursing Officer in pursuance of the advertisement dtd. 25/8/2022 (Annexure-P/3), but when she was not considered, she filed a petition i.e. W.P. No.8420 of 2023 which was decided vide order dtd. 19/4/2023 directing the authority to consider the claim of the petitioner and pass an appropriate order thereof. In response to the same, a communication was made to the Government Advocate assigning reason as to why the candidature of the petitioner was not considered. Being dissatisfied with the reason assigned in the said communication, the petitioner filed this petition pointing out that there is no such requirement prescribed in the advertisement issued by the respondents that the experience of five years to the post of Staff Paricharika or equivalent post in 13 Government Medical Colleges and that condition is shown in the order/communication rejecting the representation of the petitioner, which is impugned in this petition. Therefore, according to the petitioner, the respondents have changed the game of rule after its commencement and as such, it is illegal and petitioner's candidature had to be accepted because she has sufficient experience on the post of Staff Paricharika not of 13 Government Medical Colleges, but otherwise and she has also a live registration of Mahakaushal Nursing Council. Therefore, her experience has to be accepted by the respondents and decision rejecting her candidature deserves to be set aside and promotion to the post of Senior Nursing Officer be granted to the petitioner.