BHUPINDER KAUR Vs. VANITA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges order dated 5.1.2010 (P-2) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, the Tribunal') and also seeks quashing of show cause notices dated 19.5.2010 (P-3) issued by the official respondents to the petitioners for termination of their services pursuant to the direction issued by the Tribunal.

(2.) Brief facts of the case are that on 20.2.2006, the Director Principal, Government Medical College and Hospital, Sector 32, Chandigarh, issued an advertisement for filling up 40 posts of Staff Nurses on regular basis out of which one post was reserved for the Schedule Caste Category. Thereafter in August 2006, another advertisement was issued by the Government of India for filling up 114 posts of Staff Nurses in the respondent-College out of which 9 posts were reserved for Scheduled Caste category. The petitioners as well as Ms. Vanita-respondent No. 1 applied for the said posts. It is pertinent to mention that Ms. Vanita belongs to reserved category of Scheduled Caste and she had been working as a Staff Nurse on contract basis in the respondent- College. On 26.11.2006, written test was conducted and thereafter interviews were held. Respondent No. 1 filed an Original Application being OA No. 220/CH/2007 before the Tribunal challenging the criteria adopted in the selection process of staff nurses, which was dismissed by the Tribunal. In December 2007, appointment letters were issued to the petitioners and they joined the service.

(3.) Respondent No. 1 again filed OA No. 809/CH/07 primarily on the ground that the persons belonging to the General Category, who are lower in merit than her, had been given appointment. The Tribunal issued notice in the said OA. On 29.2.2008, the official respondents disclosed to the Tribunal that a Committee has been set up by the Director, GMCH, Sector 32, Chandigarh, to review and reconsider the recruitment process to the posts of Staff Nurse, which were advertised in the year 2006 and interviews were held on 16/17-1-2007. In that regard a copy of the order dated 22.2.2008, was also placed before the Tribunal. Accordingly, the Tribunal disposed of the said OA vide order dated 29.2.2008 with a direction to the respondents to complete the process of review/reconsideration of the selection to the post of Staff Nurses as per law within a period of two months from the date of receipt of a copy of the order.