Allowed

Anita Morla v. State of Chhattisgarh

Chhattisgarh HC1 Feb 2024WPS/4817/2018

Case brief

AI extract

What is this about?

Staff Nurse's appointment cancelled for lacking requisite qualification; court held dismissal violated Article 311(2) as no enquiry or show cause notice preceded it, quashed cancellation and ordered reinstatement without back wages.

What did the court decide?

Cancellation order dated 14.6.2018 quashed; petitioner to be reinstated; no back wages; liberty to respondents to institute enquiry.

Anita Morla Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 4817 of 2018

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Anita Morla W/o Devendra Jhadi, Aged About 30 Years, Staff Nurse, Eklavya Adarsh Awasiya Vidhyala, Kate Kalyan (Jawanga) , R/o Kailash Nagar, Ward No. 15, Dantewada Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Schedule Caste And Schedule Tribe Development Department, Mantralaya, Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh.

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Director, Schedule Caste And Schedule Tribe Development Department , Indirawati Bhawan Naya Raipur District Raipur Chhattisgarh.

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Collector/President, Zila Stariya CG Aadim Jati, Kalyan Aawasiya Avam Aashram Shaikshnik Samiti, District South Bastar Dantewada (CG)

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Chief Medical And Health Officer, District South Bastar Dantewada Chhattisgarh

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As per the Hon’ble Court order dated 16.01.24 the name of the respondent No.5 is deleted.

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---- Respondent

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(Cause Title taken from CIS Periphery)

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For Petitioner Mr. Akath Kumar Yadav, Advocate For Respondent Mr. Atanu Ghosh, Dy. GA

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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2/2/2024

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Heard.

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This petition has been filed challenging the Cancellation Order dated 14.6.2018 (Annexure P/1) of the appointment of the petitioner on the post of Staff Nurse (Regular). The petitioner’s services were dismissed on the ground that she does not possess

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the requisite qualification as stipulated under Eklayvya Adarsh Aawasiya Vidyalaya Sewa Bharti Niyam, 2007 (in short “the Rules, 2007”) -Annexure P/2.

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Brief facts of the case are that Eklavya Aadarsh Aawasiya Vidyalaya is constituted under Article 275(1) of the Constitution of India. Thereafter, the State also framed the Rules, 2007, in which, the eligibility for appointment of the Staff Nurse was Nursing Diploma from a Recognized Institution or equivalent examination passed and other desirable qualification was alive registration from a recognized Nursing Council and three years experience on the post of Staff Nurse. Respondent No.3 published an advertisement dated 8.11.2012 vide Annexure P/3 and invited applications for the said post. The last date of submission of the applications was 25.11.2012. Thereafter, after due process, the petitioner was appointed on the post of Staff Nurse vide order dated 30.09.2013Annexure P/4 and she joined the service on 1.10.2013. The petitioner was granted revised pay scale of Rs.9300/- - Rs.34800/Grade Pay 4200/- from the date of her appointment vide order dated 29.6.2015 – Annexure P/6. Subsequently, a complaint was filed by one Subhash Yadav and in pursuance of such complaint, a show cause notice dated 7.3.2018 vide Annexure P/7 was served on the petitioner for submission of original documents with regard to her qualification. Thereafter, by the impugned order dated 14.6.2018, the appointment of the petitioner was cancelled on the ground that as per the report of the Chief Medical and Health Officer, Dantewada, the petitioner was not having the requisite qualification.

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Learned counsel for the petitioner would submit that under the Rules, 2007 (Annexure P/2) and as per the Advertisement (Annexure P/3), the minimum qualification required was Nursing Diploma from any recognized Institute or passed any equivalent examination. He would further submit that the petitioner had obtained an information through RTI vide Annexure P/9, in which, the Chief Medical and Health Officer, South Bastar Dantewada vide letter dated 23.8.2018, in reply to the Query Nos.3 & 4, categorically informed that the duration of ANM Course was of 18 months and the said course is in the ambit of Nursing Diploma. The Chhattisgarh Nurses Registration Council vide its letter dated 27.9.2021 had also given information to the petitioner, which is made available on record through the Covering Memo dated 15.11.2021, that the ANM Nursing is a Diploma Course, which goes to show that on the date of the appointment, the petitioner was having the desired qualification. He submits that the appointment of the petitioner has been cancelled without following the due procedure as no enquiry has been initiated under CG Civil Services (Classification, Control and Appeal) Rules, therefore, the impugned order is not sustainable and deserves to be set-aside.

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In the return filed by the respondent authorities, it is stated that after the appointment of the petitioner since there was a complaint that the petitioner had obtained employment by playing fraud, a report was called from the Chief Medical and Health Officer, Dantewada and the said authority after conducting an enquiry submitted its report on 13.2.2018 stating therein that the petitioner had not submitted GNM or B.Sc. Nursing Diploma Certificate, which is essential/mandatory eligibility for appointment

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on the post of Staff Nurse, and the certificate of ANM submitted by the petitioner is not fulfilling the said criteria. Subsequently, a four Member Committee had been constituted vide order dated 26.3.2018 and the said Committee has submitted its report on 31.3.2018 and thereafter, a Show Cause Notice dated 7.3.2018 was issued to the petitioner to supply the original documents regarding her requisite qualification, which was required for the post of Staff Nurse in accordance with the Rules, 2007, however, she failed to produce those documents and thus, her appointment was cancelled.

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Learned counsel for the State fairly submits that before passing of the impugned order, no enquiry had been initiated. The petitioner was a regular employee and she was never served with any notice to the effect that the certificate(s) produced by her is not fulfilling the requisite qualification.

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Heard learned counsel for the parties and also perused the record with utmost circumspection.

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Under Article 311(2) of the Constitution of India, the dismissal of the petitioner is in violation of the Rules as no enquiry was contemplated against her and even a reasonable opportunity was not afforded to her. A show cause notice with regard to the above allegation of not fulfilling the requisite qualification was also not served on the petitioner. Further, the Chief Medical and Health Officer, South Bastar, Dantewada, Chhattisgarh had given an information that the ANM Course is a Nursing Diploma Course and in the subject Advertisement, only such qualification was sought.

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In view of the above, this Court is of the opinion that the impugned

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order is not sustainable and the same deserves to be and hereby quashed. Respondent No.3 is directed to reinstate the petitioner in service. However, it is made clear that the petitioner is not entitled for any back wages and the respondent authority is at liberty to institute an enquiry, if required. It is further made clear that this Court has not expressed any opinion on the educational qualification of the petitioner for the subject post. The concerned Department, after affording proper opportunity as per rules to the petitioner, may take a decision on merits of the finding independently and thereafter proceed further.

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With the aforesaid observations/directions, the petition is allowed.

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Sd/- (Deepak Kumar Tiwari) Judge

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Shyna

Anita Morla v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anita Morla v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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