ARCHANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Regard being had to the commonality of the controversy in the aforesaid batch of writ petitions, it was thought apposite to hear them analogously, and accordingly, they were heard together with the consent of parties and are being disposed of by the present singular order.

(2.) The aforesaid writ petitions have been filed for quashing the notice dtd. 19/9/2023, issued by the In-Charge Secretary of the Bihar Technical Service Commission, Patna (herein after referred to as the 'Commission'), in connection with Advertisement No. 07 of 2022, whereby and whereunder the process of selection for the purposes of making appointment to the post of Auxiliary Nurse Midwife (herein after referred to as the 'ANM') has been amended. The writ petitioners have also prayed for directing the respondentauthorities to conclude the process of selection initiated vide Advertisement No. 07 of 2022 in terms of the provisions contained therein, with respect to the process of selection and other requirements to be fulfilled by the candidates as also in terms of the provisions contained under the Bihar Female Health Workers (Auxiliary Nurse Midwife) Cadre Rules, 2018 (hereinafter referred to as the Cadre Rules, 2018). Lastly, the writ petitioners have prayed to direct the respondents to refrain from acting in furtherance of the aforesaid notice dtd. 19/9/2023 and declare the action of the respondent-Commission in issuing the aforesaid notice dtd. 19/9/2023, seeking to amend the process of selection, to be impermissible in the eyes of law.

(3.) The undisputed facts lie in a narrow encompass. The respondent-Commission had issued an advertisement dtd. 28/7/2022, inviting applications from the eligible candidates for consideration of their cases for appointment on the post of A.N.Ms., whereafter the writ petitioners along with others had submitted their applications in the prescribed form for consideration of their case for appointment on the post of A.N.Ms., in terms of the Cadre Rules, 2018. The said Cadre Rules, 2018 were framed by the State Government, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, to regulate the appointment, promotion and service conditions of the Bihar Auxiliary Nurse Midwife-A.N.M. Cadre under the Health Department. It would be relevant to reproduce Rule-5, 6 & 7 of the Cadre Rules, 2018 herein below:-