PARBATI KUMARI SWAIN Vs. AMITA DAS

JUDGEMENT

(1.) IMPUGNED in this writ appeal is the judgment dated 23.12.2011 passed by the learned Single Judge of this Court in W.P.(C) NO.23089 of 2011.

(2.) APPELLANT was appointed as a Staff Nurse in MKCG Medical College and Hospital on 10.10.1995. While working as such, she was absorbed in the District cadre of Nayagarh District and was brought on deputation to serve as a Staff Nurse under Bhubaneswar Municipal Corporation in the year 2002. While in service, she completed the course of Post Basic B.Sc. Nursing from the college of Nursing, Berhampur during the academic session 2005 -07. In pursuance of an advertisement published in the year 2011 -12, she filed an application for selection and admission to pursue her M. Sc. Nursing (self financing) course at the College of Nursing, Berhampur. As she had fulfilled the requisite eligibility, her name appeared at SI. No.8 of the select list dated 17.8.2011 prepared by the Selection Committee, whereas the name of respondent No.1 (writ petitioner) found place at SI. No.1.5. On 22.8.2011 she went for counselling, selection and admission in accordance with the order dated 17.8.2011 (Annexure2). However, on the date of counselling she failed to produce her mark -sheet of the High School Certificate Examination and Career Chance Certificate from the concerned High School, though she had annexed copies of the same with the application. The Selection Committee gave her chance to produce the mark -sheet issued by the Board of Secondary Education, Orissa and Career Chance Certificate from the concerned High School by 29.8.2011 in its meeting held on 22.8.2011. However, in the select list dated 22.8.2011 the name of the appellant did not find place. Subsequently, she produced the aforesaid original certificate at a later date and was selected and admitted to the said M. Sc. (Nursing) course. Challenging her selection and admission, respondent No.1 filed W.P. (C) No.23089 of 2011. The said writ petition was allowed by the learned Single Judge vide impugned order dated 23.11.2011 and the selection of appellant for admission into M. Sc. (Nursing) course (self financing) in the College of Nursing, Berhampur was quashed and respondent Nos.2 and 3 were directed to admit respondent No.1 (writ petitioner) in the said course subject to payment of requisite fees and fulfilment of other procedural formalities. Aggrieved, appellant has filed this writ appeal.

(3.) WITH reference to the legal contentions submitted by learned counsel for the appellant, we have carefully examined as to whether the impugned order suffers from erroneous findings or error in law. The aforesaid point requires to be answered against the appellant for the following reasons.