INDER MOHINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners were working as Public Health Nurses (Teaching) under the Directorate of Health and Family Planning, Punjab at the time of filing of the writ petition. Petitioner No. 1 passed 'A' Grade Nurse Course in December, 1964. She passed Senior Mid-wife Course in September, 1965. Thereafter she passed Post Basic Course in Public Health Nursing from the All India Institute of Hygiene and Public Health, Calcutta. She possesses academic qualification of M.A. pass. She joined service as Staff Nurse on 1.11.1965 and came to be posted as Public Health Nurse (Teaching) in the year 1967.

(2.) Petitioner No. 2 passed 'A' Grade Nurse Course in September, 1966 and Mid-wife Course in the year 1967. She worked as Staff Nurse from 1.1.1968 to June, 1972. During this period of service, the petitioner has passed B.Sc. (Post Basic) Nursing Course at Post Graduate College of Nursing, Chandigarh. Thereafter she worked as Clinical Instructor in Public Health Nursing, College of Nursing, Ludhiana. The petitioners have claimed that they are entitled to be appointed as District Public Health Nurses because while they fulfil the conditions of eligibility specified in annexures P/2 and P/4, respondent Nos. 3 to 9 do not possess such qualifications. Specifically the petitioners have pleaded that none of the private respondents possess degree of B.Sc. and none of them has undergone requisite training as specified in Annexure P/4.

(3.) In their short reply, respondents have pleaded that the qualifications prescribed in annexures P/2 and P/4 were relaxed by Government of India at the instance of Government of Punjab and by virtue of annexure R/1 it was decided that 40% posts of District Public Health Nurses be filled from amongst Lady Health Visitors who are in the selection grade and who had received training for a period of 2-1/2 years from a recognised School. According to the respondents, private respondents are senior to the petitioners and they have been promoted against these 40% posts of District Public Health Nurses.