Petitioners challenged a notification requiring only 10th standard for Health Worker (Female) post, arguing the Indian Nursing Council prescribed 10+2 minimum. The Court held it was a valid policy decision.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D. B. Civil Writ Petition No. 292/2020
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Mathura Gate, Near Church, Khatik Mohalla, Bharatpur, Rajasthan.
----Petitioners
----Respondents
For Petitioners : Mr. Ram Pratap Saini.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
25/02/2020
Petitioners have filed the writ petition under Article 226 of the Constitution of India challenging validity of Notification dated 06.02.2013 with regard to determination of qualification for the post of Health Worker(Female).
Learned counsel for the petitioners has submitted that as per Serial No. 4(a) under the heading Group A I (Health Side) (Combined Male and Female Cadres) of Amendment of Schedule I as given in Clause 8 of Notification dated 06.02.2013, a person
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was required to qualify Xth Standard examination with Auxiliary Nurse Midwifery Training/Health Worker Female Course passed and registered in Rajasthan Nursing Council as B Grade Nurse. Advertisement was issued by the respondents on 18.06.2018 inviting applications for recruitment to the post of ANM. Total 4965 posts were advertised. Petitioners have all the requisite qualifications for the post and applied for the post of ANM. Respondents had illegally prepared merit list as per qualification of Class Xth, whereas, the merit list was to be prepared as per qualification of Senior Secondary School examination. Indian Nursing Council, New Delhi has issued Circular dated 29.04.2013 wherein minimum educational qualification has been prescribed as 10+2 for ANM Programme.
In the present case, as per Notification dated 06.02.2013 (Annexure-1), qualification for the post of Health Worker (Female) is as under:
“4. (a) Health Worker (Female) 100% Xth Standard with Auxiliary Nurse Midwifery Training/Health Worker female course passed and registered in Rajasthan Nursing Council as B Grade Nurse.”
As per Circular dated 29.04.2013 (Annexure-6),
minimum educational requirement for ANM Programme is 10+2. State Government has issued Notification dated 06.02.2013 (Annexure-1) keeping in view the prevalent conditions in the State of Rajasthan. Merely because in Circular dated 29.04.2013 (Annexure-6), minimum qualification for ANM Programme has been prescribed as 10+2, is no ground for this Court, while exercising jurisdiction under Article 226 of the Constitution of India, to hold that for Health Worker (Female), minimum qualification should be 10+2 and not matriculation. The State
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Government in its wisdom has issued Notification dated
06.02.2013 (Annexure-1).
No ground for interference by this Court is made out to question the policy decision taken by the State Government while exercising jurisdiction under Article 226 of the Constitution of India.
Dismissed.
(NARENDRA SINGH DHADDHA),J
(SABINA),J
MANOJ NARWANI /55
2 issues framed by the court
Whether the State Government's notification prescribing 10th standard qualification for Health Worker (Female) post is invalid despite INC's recommendation of 10+2 as minimum.
Whether the State's wisdom in determining educational qualification falls within the judicial review jurisdiction under Article 226 of the Constitution.
3 provisions across 3 enactments
Rekha Kumari & Ors.
State of Rajasthan & Ors.
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
