HEMSHREE TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners similarly situated, feel aggrieved by the suppression of the select list dated 13. 2. 2003 for appointment as Staff Nurse under the Respondent-State and initiation of a fresh process therefor. They claim to have figured in the select list. The impugned action having annihilated all prospects of their appointment as such, they are before this Court for redress. There being an evident homogeneity in the related facts and the legal issues seeking adjudication, the petitions have been analogously heard for disposal by a common decision.

(2.) I have Mr. P. P. Baruah, learned counsel for the petitioner and Mr. D. Saikia, learned State counsel for the official respondents.

(3.) THE factual account provided by the petitioners deserves to be noted in nutshell. They affirm to be qualified nurses having obtained necessary diploma in nursing and midwifery under the Assam Nurses' Midwives and Health Visitors' Council (hereinafter after also referred to as the 'council') and are thus qualified to hold the post of Staff Nurse in the different Hospitals of the State of Assam. Pursuant to an advertisement published under the authority of the Director of Health Services, Assam for training in General Nursing in Community Health Nursing and Midwifery course in the year 1993, they being eligible, applied therefor, for the session 1994-1998, after observing all necessary formalities. A regular selection process followed being conducted by the concerned respondent authority for selection of candidates for such training. The petitioners having been selected, were detailed for such training in various Institutes/hospitals/medical Colleges in the State of Assam, having the essential facilities. They were also awarded necessary stipend for undergoing such training. In due course, they successfully completed their training from respective institutes, in the year 1998. According to the petitioners, on completion of such training, they were entitled to be appointed as Staff Nurse in various Hospitals under the State on the basis of batch seniority in training. To put it differently, candidates, who obtained diploma in such training earlier, were to be appointed before those earning such diploma later in point of time. Due to a ban on appointments subsisting in the year 1998, no appointment of Staff Nurse, was made resulting in accumulation of qualifying candidates therefor. Having received the diploma on successful completion of the training, the petitioners also got themselves registered with the Council. While the petitioners were thus waiting in expectation to be appointed as Staff Nurse, the Government in the Family and Welfare (A) Department, by communication No. HLA. 751/95/303, dated 25. 10. 2002, conveyed the clearance of the State Level Empowered Committee (hereafter for short as the 'slec'), for filling up amongst others 59 vacant posts of Staff Nurse by direct recruitment, subject to observance of all necessary formalities as required. Subsequent thereto, the Director of Health Services, Guwahati, Assam, on 27. 11. 2002, constituted the following Committee to consider the cases for promotion of nursing staff to the higher post, as well as for appointment of Staff Nurse from candidates, who had passed the General Nursing and Midwifery Course. i. Director of Health Services, Assam - Chairman. ii. Additional Director of Health Services (R) - Member. iii. Joint Director of Health Services (N) - Member iv. Joint Director of Health Services (HQ) - Member the petitioners have maintained that the Committee had been structured as per the order and direction of the Minister of Health, Government of Assam, contained in the communication No. MH and FW/3/2000 dated 18. 11. 2000 and addressed to the Secretary to the Health and Family Welfare. The said selection committee, thereafter examined the cases of the eligible candidates for appointment as Staff Nurse on seniority basis. It also considered all the applications of the qualified candidates, who had successfully undergone the diploma course in nursing as State sponsored candidates in different nursing schools and possessed of necessary diploma issued by the Council. On a threadbare scrutiny of all relevant facts, the Selection Committee prepared a list of 51 candidates for appointment as Staff Nurse. The select list was prepared taking note of the 21 points roster for reservation and contained the names of the petitioners. This was on 13. 2. 2003.