LAWS(PAT)-2016-5-185

MOHAMMAD AWAIS, SERVICE NO.656331 Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAILWAY, NEW DELHI

Decided On May 19, 2016
Mohammad Awais, Service No.656331 Appellant
V/S
The Union of India through the Secretary, Ministry of Railway, New Delhi Respondents

JUDGEMENT

(1.) The challenge in the present writ petition is to an order dated 09.09.2015 passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "Tribunal" whereby an Original Application No. 050/00883 of 2014 filed by the petitioner for appointment to the post of Staff Nurse was dismissed.

(2.) The petitioner applied for the post of Staff Nurse advertised by the Ministry of Railway reserved for ex-serviceman. The petitioner appeared for the written examination on 12.02.2012 and the result was published on 28.07.2012. He was declared successful, but no appointment letter was issued. Being aggrieved, the petitioner invoked the jurisdiction of the Tribunal.

(3.) In reply, the stand of the respondents is that the minimum educational qualification for the post was "Certificate as registered Nurse and Midwife" having passed three years course in general nursing and midwifery from a school of nursing or other institutions recognised by the Nursing Council or B.Sc. (Nursing). Such is the condition mentioned in the advertisement (Annexure-2) against the post of Staff Nurse.