The High Court considered a writ petition challenging advertisement no.02/2019 regarding Grade A Nurses posts. Finding that the grievance was redressed via a corrigendum allowing the petitioner to apply online, the court disposed of the application.
The writ application was disposed of as the grievance was redressed by a corrigendum.
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 Civil Writ Jurisdiction Case No.19369 of 2019
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Saibeni Badi @ Saibani Badi D/o Panchanan Dali, Wife of Ram Das Ray Resident of Village- Tharhi, P.S.- Andharatharhi, District- Madhubani.
... ... Petitioner
Versus
... ... Respondents
======================================================
Appearance : For the Petitioner : Mr.Sanjeev Kumar Jha For the Respondent State: Mr.Pankaj Kumar (Sc12) Mr.Anuj Kumar, AC to SC-12 For the BMRC : Mr.Awadhesh Kumar Pandit For the BTC : Mr. Nikesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 06-11-2019 Following is the relief, which the petitioner is
seeking : -
“i) For setting aside the advertisement no.02/2019 given by the respondent no.7 by which the requisite qualification is determined for the vacancy of Sl. No. 1 Grade A Nurses is contrary to the statutory provision of Bihar and Odisha Nurses Registration Act, 1935 as well as violation of Article 14 & 16 of the Constitution of India.
ii) For issuance of direction to the authorities concern to make necessary rectification with regard to the requisite qualification of Sl No.1 for the post of Nurses Grade A in the
Patna High Court CWJC No.19369 of 2019(3) dt.06-11-2019 2/2
above mentioned advertisement in accordance with the constitutional provision of India as well as statutory provision of Bihar Nurses Registration Council Rules and then publish fresh advertisement with regard to the aforesaid mentioned posts.
iii) For issuance of direction to the authorities concern to accept the application form of the petitioner for the post of Nurses grade A mentioning at Sl no.1 of the advertisement after considering her proper degree in Diploma in GNM.”
A counter affidavit has been filed on behalf of respondents No. 4 to 7, the Bihar Technical Service Commission, Patna, from which it transpires that the grievance of the petitioner has been redressed inasmuch as the petitioner may now apply on-line pursuant to the advertisement in question for selection to the post of GNM in view of the corrigendum issued by the Commission on 14.08.2019, which has been brought on record by way of Annexure-B to the counter affidavit.
This writ application stands disposed of.
(Chakradhari Sharan Singh, J)
Pawan/-
U
3 issues framed by the court
Whether advertisement no.02/2019 fixing qualifications for Grade A Nurses is contrary to statutory provisions and Articles 14 and 16 of the Constitution.
Whether the petitioner should be directed to make rectification of the advertisement and publish a fresh one.
Whether the petitioner's application form should be accepted for the post of Nurse Grade A.
3 provisions across 2 enactments
Saibeni Badi @ Saibani Badi
State of Bihar
President of Bihar Nurses Registration Council
Registrar Bihar Nurses Registration Council
Chairman of Bihar Technical Service Commission
Secretary of Bihar Technical Service Commission
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
