Disposed

Jagannath Behera v. State of Odisha

Orissa HC15 Feb 2023WP(C)/4554/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to OSSSC to admit nursing candidates awaiting result and registration certificates. Court directed petitioners to approach State Government via grievance under Rule 19 of 2019 Rules for sympathetic consideration.

What did the court decide?

Directed petitioners to file a grievance with Opposite Party No.1 within one week; Opposite Party No.1 directed to consider the case sympathetically under Rule 19 of 2019 Rules within two weeks.

Jagannath Behera Vs State of Odisha — Public Procurement and Tenders | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4554 of 2023

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Jagannath Behera and others

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Petitioners

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Mr. Sibanarayan Biswal, Advocate

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-versus-

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State of Odisha and others

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Opp. Parties

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Mr. R.N. Mishra, A.G.A. Mr. R.C. Mohanty, Advocate (For O.P. No.3)

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CORAM:

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JUSTICE A.K. MOHAPATRA ORDER

Order No.

15.02.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard the learned counsel for the Petitioners, learned Additional Government Advocate appearing for the State-Opposite Parties and learned counsel appearing for the Nursing Council of Odisha. Perused the writ petition as well as the documents annexed thereto.

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This writ petition has been filed by the Petitioners seeking a direction to the Odisha Sub-Ordinate Staff Selection Commission (in short ‘OSSSC’) to allow them to participate in the process of selection for appointment to the District Cadre Group-C posts of Nursing Officer pursuant to advertisement dated 21.01.2023 under Annexure-2, that too, without insisting upon submission of registration certificates for the time being and allow them some time to file their registration certificates as soon as they get it from the Nursing Council of Odisha.

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It is submitted by the learned counsel for the Petitioners that the

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Petitioners have completed three years of basic B.Sc. Training Course from College of Nursing, Berhampur and Amit College of Nursing under the control of Berhampur University, Berhampur. Accordingly, they were allowed to appear in the final examination which took place on 27^th January, 2023 and 28^th January, 2023 respectively. After successful completing the 3 years of training, they appeared in the final examination to get the B.Sc. Nursing Certificate. It is further contended that the final examination is almost over. However, in the meantime, the advertisement under Anneuxre-6 has been published notifying 7483 posts in District Cadre Group-C posts of Nursing Officer in 30 districts across the entire State by the Health & Family Welfare Department, Government of Odisha.

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Learned counsel for the Petitioner further contended that although the Petitioners have successfully completed the training and they have appeared in the final examination and the result is likely to be published soon, they will not be able to participate in the selection process pursuant to the advertisement under Annexure-2, as the last date of submission of application is 17.2.2023. He further contended that in view of Clause3(A)-(iv) & (v) and Clause-3(B)-(viii) contained under the heading “Eligibility Criteria”, the Petitioners are unable to submit their online application before the OSSSC.

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Learned counsel appearing for the Nursing Council of Odisha submits that the practical examination was over by 27^th January, 2023 and 28^th January, 2023. The written examinations have already concluded just on 02.02.2023 to 06.02.2023. Thereafter, B.Sc. Nursing Certificate shall be issued to the successful candidates. After issuance of the final B.Sc. Nursing Certificate, the Nursing Council of Odisha shall issue registration certificate in favour of the Petitioner and other similarly placed persons.

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Learned Additional Government Advocate appearing on behalf of

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the State-Opposite Parties submitted that the last date for submission of application pursuant to advertisement under Annexure-2 is 17.02.2023. Further, referring to the Odisha Nursing Service (Method of Recruitment and Conditions of Service) Rules, 2019, it is submitted that the Petitioners do not have eligibility criteria at the moment, as they have not yet received the registration certificate from the Odisha Nursing Council. He further contended that the rules contained in the aforesaid Rules, 2019 has also been incorporated in the advertisement which is an essential requirement to be eligible to appear in the selection process for being appointed as Nursing Officers in the State of Odisha in Group-C Cadre. He further contended that on perusal of the writ petition, the Petitioners have other eligibility criteria. However, so far as Clause-3(A)-(iv) & (v) and Clause3(B)-(viii) contained under the heading “Eligibility Criteria” of the advertisement have not yet been complied with by the Petitioners. In such view of the matter, learned Additional Government Advocate appearing for the State-Opposite Parties submitted that it would not be proper and legal to allow them to submit their online application and to participate in the selection process.

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Learned Additional Government Advocate appearing for the StateOpposite Parties submitted that OSSSC being the examining body has no power to relax any of the conditions stipulated either in the rule or in the advertisement. It is only the State Government who can waive the condition the Rule-19 of the Odisha Nursing Service (Method of Recruitment and Conditions of Service) Rules, 2019.

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Having heard the learned counsels for the respective parties and upon a careful consideration of the background facts as well as the materials placed before this Court, this Court found that the Petitioners have undergone B.Sc. Training Course in the Nursing, Berhampur and Amit College of Nursing under the control of Berhampur University, Berhampur. Therefore, there is no doubt that institution from which the

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Petitioners have passed out is under the Government of Odisha. Further, it is also observed by this Court that although the Petitioners have undergone training successfully and they have appeared in the final examination, the final result have not been published and till date they have not been registered with the Nursing Council of Odisha and, as such, they have not been issued with the registration certificate. The Petitioners are likely to pass out this year, will be deprived of an opportunity to participate in the recruitment process which have been advertised under Annexure-2 for recruitment of 7483 posts of Nursing Officer in District Cadre Group-C posts. As such, they will be deprived of an opportunity to participate and compete along with other eligible candidates for appointment as Nursing Officers.

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On careful analysis of the entire factual background, this Court is of the considered view that the timing of the advertisement was not appropriate considering the fact that the final examination was continuing and the result was not published, as a result of which, the Petitioners as well as similarly placed many of the candidates were deprived of an opportunity to take part in the recruitment process. Further, the apprehension of the counsel appearing for the Petitioners that since a huge number of posts have been advertised, the likelihood of such recruitment taking place in the near future is very bleak. Be that as it may, this Court is conscious of the legal position, the decision to publish an advertisement for recruitment to the post of Nursing Officer in District Cadre Group-C is basically falls within policy domain of the Government. Therefore, the scope of interference by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India is very limited. Having said that, this Court is also conscious of the 2019 Rules, particularly Rule-19 specifically providing for relaxation by the Government in appropriate cases. In such view of the matter, this Court is also of the humble view that taking into consideration the timing of the advertisement and the final

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examination of B.Sc. Nursing Candidates, the same requires reconsideration by the State Authorities.

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In view of the aforesaid analysis, this Court disposes of the writ petition by directing the Petitioners to approach the Opposite Party No.1, who is the competent authority in the matter, by filing a grievance petition narrating therein the grounds and the difficulties faced by them within a period of one week. In the event such grievance petition is filed, the same shall be considered by the Opposite Party No.1 keeping in view the Rule19 of the Odisha Nursing Service (Method of Recruitment and Conditions of Service) Rules, 2019. In the event it is found by the Opposite Party No.1 that the case of the Petitioners deserves consideration, their case may be considered sympathetically and if required, the Opposite Party No.1 may by exercising power of the State Government under Rule-19 of the Odisha Nursing Service (Method of Recruitment and Conditions of Service) Rules, 2019 or may take any other appropriate action as would be deemed, fit and proper in the facts and circumstances of the present case. Let the decision be taken as expeditiously as possible keeping in view the urgency involved in the matter, preferably within a period of two weeks from the date of filing of such grievance petition. Opposite Party No.1 shall act upon production of a certified copy of this order.

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With the aforesaid observation and direction, this writ petition is disposed of.

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( A.K. Mohapatra) Judge

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Jagabandhu

Jagannath Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagannath Behera v. State of Odisha

Case brief

What is this about?

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