SHIKHA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsels appearing on behalf of the petitioners in the batch of the writ petitions. I have also heard Mr. B. Gogoi and Mr. D. Upamanyu, the learned Standing counsels appearing on behalf of the Health Department as well as Mr. S. P. Das, the learned counsel appearing on behalf of the respondent No.5 in WP(C) No.7724/2015 and WP(C) No.7771/2015.

(2.) In the present batch of writ petitions before this Court, the petitioners herein have challenged the select list dtd. 14/10/2015 published in the Assam Tribune Newspaper, pursuant to the advertisement dtd. 14/11/2013, including the selection so made in favour of the private respondents. The petitioners have also sought for a Mandamus directing the respondent authorities to select the petitioners herein as staff nurse under the establishment of the respondent No.2, by virtue of their seniority and experience and on the basis of Minutes of the meeting adopted on 13/2/2015 with the representatives of All Assam NRHM Medical and Paramedical Employees Association along with the Minister of Health and Family Welfare Assam. There is also an alternative prayer made in some of the writ petitions for a direction upon the respondent authorities to regularize the services of the petitioners on the basis of their service as contractual nurse and in pursuant to the Minutes of the meeting adopted on 13/2/2015.

(3.) To appreciate the issues involved in the present batch of writ petitions, it is relevant to take note of that the petitioners herein after having competed the Diploma in General Nursing and Midwifery were appointed on contractual basis as Staff Nurse under the National Rural Health Mission, a Sub-Mission of the National Health Mission. It is relevant to take note of that the petitioners herein claim to be appointed on the basis of a due selection procedure conducted by the respondent authorities and thereafter have been rendering services under the National Health Mission by executing respective contractual agreements.