SAJDA BEGUM Vs. STATE OF J. AND K.

JUDGEMENT

(1.) Having competed in a selection process for the posts of Auxiliary Nursing Midwives (In short ANMs), in pursuance to a notification No. DIP/J-6896 dt. 6th of Feb. 09, issued under National Rural Health Mission 2005-2012, (here-in-after called the Scheme), the Appellant came to be selected against the said post. Later on, vide order No. 173-DDCJ of 2009 dt. 17th of Nov. 09, the select list issued in this regard by the District Health Society, Jammu, dt. 20th of Oct. 09, came to be withdrawn and a fresh advertisement dt. 22nd of March 10, was issued, which action of the Respondents was the subject matter of challenge in writ petition SWP No. 1089/2010. A learned Single Judge of this Court did not find favour with the pleas taken by the Appellant-writ Petitioner in the writ petition and vide order impugned dt. 14th of July 10, has dismissed the same. It is against the above order, the present appeal has been preferred.

(2.) Mr. Kotwal, learned Counsel for the Appellant submitted that the Appellant having been selected against the post of ANM in a duly selection process initiated by the Respondents under the Scheme, cannot be deprived of her legitimate right of appointment against the said post. The Respondents have withdrawn the select list without assigning any reason which action of theirs is against the principles of natural justice. The further contention raised by the learned Counsel for the Appellant is that the learned writ court while passing the order impugned has not taken into consideration the eligibility criteria as laid down in the advertisement notice dt. 7th of Feb. 09, in pursuance to which the selection was made. In terms of the eligibility criteria prescribed in the aforementioned notification, candidate seeking consideration for appointment to the post of ANM was required to be a resident of State of J&K and should have a Diploma in Auxillary Nursing Midwifery from an Institute recognized by the J&K Medical Faculty. It is stated that once the eligibility was prescribed in the notification and the selection process was initiated and concluded on the basis of the same, the resultant action of the Respondents in issuing the select list should be deemed to be final and the said select list should be acted upon. It is, thus, contended that the action of Respondents in withdrawing the select list is not in accordance with the law.

(3.) It be seen that the Government of India has started the Scheme, the objective of which is to provide better health care facilities to the public at large more particularly in rural areas. In order to see that these facilities are available at the doorsteps of the rural population, the State Governments have been advised to open Primary Health Centres and Sub Centres in rural and urban areas. The doctors and other para-medical staff is engaged on contractual basis under the Scheme in these Primary Health Centres to provide service to the people round the clock for which preference in the matter of appointment/engagement is given to those who are the residents of the block where the health centre is located. This is to ensure continuous presence of the staff engaged in such Centres so that the public at large may not suffer.