LALITA KUMARI Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 16.05.2012 rendered by the learned Single Judge of this Court holding that the claim of the appellant-petitioner for appointment to the post of Junior Grade Nurse ' would not be acceptable because she lacked the qualification of 10+2.

(2.) BRIEF facts of the case are that the Services Selection Board issued advertisement notice No. 7 of 2008 for selection and appointment against various posts which included 20 posts of Junior Grade Nurse '. As per the advertisement, the qualification prescribed for the post was 10+2 with Diploma in Nursing from recognized institute. The appellant-petitioner did not have 10+2 qualification and she had qualified matriculation only. She felt aggrieved by the prescription of qualification of 10+2 and filed the writ petition with a prayer for issuance of direction to the Board to consider her candidature against the advertised post. The principle plea set up by her was that the qualification prescribed by the Services Selection Board was contrary to the Jammu and Kashmir Nursing (Subordinated) Services Recruitment Rules, 1971 (for brevity the 1971 Rules ') and therefore, the advertisement prescribing a different qualification should not render her ineligible. The learned Single Judge noticed the stand of the respondents who had urged that the post of Junior Grade Nurse ' was distinct and the requisition for filling up that post was received by the Services Selection Board from Government Medical College, Jammu, therefore, it would not be governed by the 1971 Rules, which has different nomenclature and post is known as Junior Nurse '. On the basis of the aforesaid distinction, the learned Single Judge dismissed the writ petition by observing as under:-

(3.) A perusal of the aforesaid extract from the Schedule read with Rule 8 would show that for appointment to the post of Junior Nurse ' the minimum qualification for direct recruitment is matriculation with Diploma in Nursing from State Medical Faculty or its equivalent qualification recognized by the State Medical Faculty for the purpose. It is pertinent to notice that these Rules are applicable to the post of Junior Nurse '. There is no post of Junior Grade Nurse in 1971 Rules. Moreover Government Medical College Jammu has altogether different cadre and 1971 Rules do not apply to the Junior Nurses working there.