NARESH KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) The Civil Writ Petition was allowed by this Court vide judgment dated 12.3.2013. The appointment of respondent No. 3 as 'Dai' was quashed and set aside. The respondent No. 3 filed LPA bearing No. 4007 of 2013. The matter was remanded to this Court by setting aside the judgment dated 12.3.2013 in view of the decision taken by the Principal Secretary (Health) to the Government of Himachal Pradesh dated 11.3.2013.

(2.) Key facts. Interviews for the post of trained Dai were held on 6.8.1997. The petitioner and respondent No. 3 participated in the selection process. The then Medical Officer, Kangra at Dharamshala, vide letter No. Estt./VI/95-6516 dated 12.8.1997 appointed respondent No. 3 as 'Dai'. The petitioner challenged the appointment of respondent No. 3 by filing O.A. before the erstwhile H.P. State Administrative Tribunal. The same was transferred to this Court and assigned CWP-T No. 4528 of 2011. It was decided on 20.10.2010. The petitioner was permitted to make a representation. The petitioner made representation on 12.9.2011. The same was rejected by the Medical Officer Kangra at Dharamshala on 13.10.2011. It is in these circumstances, the petitioner has filed the present petition assailing the appointment of respondent No. 3 being not eligible as per the Recruitment and Promotion Rules, governing the conditions of service of post in question.

(3.) The petitioner has sought information under R.T.I. about the time duration of the course held at C.H.C. Thural w.e.f. 1986 to 1992 and name wise list of trainees of the course. The information was supplied to the petitioner by the C.M.O.-cum-P.I.O., District Kangra, vide Annexure P-4 dated 12.1.2012. The name of the petitioner is mentioned at Sr. No. 11 for undergoing training at C.H.C. Thural alongwith other candidates w.e.f. 20.9.1985 to 19.3.1986. The name of respondent No. 3 is not mentioned in this communication. The name of respondent No. 3 has been registered vide Annexure P-5, by the H.P. Nurses Registration Council on 30.4.1997. According to Annexure P-5, respondent No. 3 has undergone training of 'Dai' at C.H.C., Thural from 5.8.1988 to 5.3.1989.