SUNITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner seeks a direction from his court to be allowed to appear in the Ladies Health Visitor (A.N.M.) Training Examination, 1998. According to her case the respondents were unreasonably refusing to allow her to take the examination even though she had duly completed the A.N.M. Course.

(2.) THE admitted facts are brief and n be stated as follows. In response to vertisement no. DHS, memo no. 23(6), ted 7.1.1991, the petitioner applied for mission to the A.N.M. Course. She was selected after facing an interview and due iication of the material documents produced by her. The list of the selected candidates was approved by the Director - in -Chief, Health Services, by his letter no. 1126(6), dated 23.12.1993 following which the petitioner was asked to take admission in the A. S.S. (Ladies Health Visitor) Training School, Giridih by 7.2.1994, vide memo no. 339, dated 29.1.1994 issued by the Civil Surgeon -cum -Chief Medical Officer, Giridih (Annexure -2). On the basis of that letter the petitioner took admission and duly completed the course.

(3.) IN the counter affidavit, it is stated that the advertisement stipulated that the candidate should be not below 17 years and not above 27 years in age on 29.1.1991, in the last date for submitting the application. It is further stated that the petitioner 'sdate of birth was 10.10.1974 and thus she was only 16 years 3 months and 19 days on 29.1.1991. In other words, she was not eligible for admission being below the minimum age prescribed for the course. It is further stated that she was admitted to the course unwittingly and due to mistake. This fact was later discovered and the respondents denied her permission to appear for the examination in order to correct the mistake earlier committed by taking her admission.