This writ challenge the Central Administrative Tribunal's order dismissing a petitioner who lacked Nursing Council registration. The court held registration is a minimum eligibility condition and dismissed the petition.
The writ application is accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Ful Man Singh, Advocate. For the Respondent/s : Mr. S.D.Sanjay, Additional Solicitor General. Dr. Punam Kumari Singh, CGC.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
Patna High Court CWJC No.3971 of 2015 dt.03-05-2016
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Date: 03-05-2016
Heard learned counsel for the parties.
The relevant extract from the advertisement for the post of Staff Nurse, reads as under:
Post:- STAFF NURSE
Educational & Other Qualifications:- (i) Diploma in General Nursing and Midwife or equivalent qualification of male nurse.(ii) Registered Nurse with Nursing Council.
Age:- Age between 18-27 yrs. (Relaxable up to 37 yrs in case of Govt. servant and employees of the ESIC).”
the basis of a certificate of General Nursing granted by the Indian Air Force. On the basis of such certificate, the Nursing Council of India denied registration. Since the petitioner has not a certificate of registration with Nursing Council, he was not treated as eligible for appointment against the post advertised.
Patna High Court CWJC No.3971 of 2015 dt.03-05-2016
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Application, as the petitioner does not fulfil the minimum eligibility condition of registration with the Nursing Council.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Sujit/Anjani
U
2 issues framed by the court
Whether the petitioner is entitled to relaxation of the Nursing Council registration requirement for appointment as Staff Nurse.
Whether the discharge of the writ petition under the doctrine of equality amounts to discrimination.
Md. Awais
Union of India
Director General Employees State Insurance Corporation
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
