PRIYANKA GAUTAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE only question involved in the present writ petition is as to whether merely on the basis of having acquired the eligibility qualification a person is entitled to be appointed dehors the rules that too on the basis of general executive instructions issued prior to the promulgation of the statutory rules under proviso to Article 309 of the Constitution of India.

(2.) THE petitioners have acquired the minimum eligibility for being appointed as Staff Nurse (Class -III). However, instead of competing with the others against 75% quota fixed for the direct recruits, the petitioners claim that the department should be directed to fill up 50% of these posts by batch -wise recruitment method at the departmental level against the existing direct recruit quota.

(3.) THE respondent thereafter issued Recruitment and Promotion Rules for the post of Staff Nurse on 25.2.1999. As per Rule 10 the post of Staff Nurse was to be filled up 75% by direct recruitment and 25% by promotion. These rules were further amended on 11.5.2011 providing that 75% posts were to be filled by direct recruitment and 25% by promotion. Rule 7 provided that in case of direct recruitment, the post of Staff Nurse was to be filled from candidates who possess 10+2 qualification preferably with science from a recognized Board/University (meaning thereby that candidates with 10 + 2 with Arts or other streams were also eligible) with A Grade Nursing Midwifery or B.Sc. (Basic) in Nursing from a recognized institute and the candidate must be registered with the H.P. Nursing Council or any other registered Nursing Council.