ASHA LATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present writ petition has been filed under article 226 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing the requirement of qualification of Midwife Training as mentioned in the advertisement (Annexure P-5), whereby Haryana Staff Selection Commission invited applications for the post of Staff Nurse. The advertisement was issued on 31st August, 2004. In the year 1998, Haryana Health Department, Nursing Personnel and Lady Housekeeper (Group-C) Service Rules, 1998 prescribed following qualification for the post of Staff Nurse:

(2.) A grievance has been made in the present writ petition that the petitioners had obtained Diploma in General Nursing in the year 1988 and at that time Midwife Training from a recognized Institution or University was not necessary and therefore, the Government could not amend the rules and prescribe this qualification.

(3.) In the written statement filed, a preliminary objection has been taken that the petitioners ought to have taken their Midwife Training to become eligible and the training of Midwife is only for a period of six months, which is to be acquired after passing the Diploma in Nursing. Counsel for the petitioners, at this stage, has submitted that the present petition be dismissed as withdrawn, as the recruitment has been made in pursuance of the advertisement (Annexure P-5), with liberty to raise all arguments available to them under law, at an appropriate stage when any fresh advertisement is issued. As prayed, dismissed as withdrawn, with liberty aforesaid.