Disposed

K. Madhumathi v. The Medical and Health Services Recruitment Board

Telangana HC28 Dec 2023WP/34762/2023

Case brief

AI extract

What is this about?

High Court directed respondents to consider petitioners' objections regarding contract service weightage marks and disposed of the writ petition filed under Articles 226 and 151 CPC without costs.

What did the court decide?

Directing the respondents to consider the petitions' objections dated 19.12.2023 and pass appropriate orders before the completion of the selection process.

K. Madhumathi Vs The Medical and Health… — Pension and Retirement Benefits | Telangana HC (2023)

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[³³⁰¹ ]

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY,^{THE TWENTY EIGHTH DAYOF DECEMBER} TWO THOUSAND^{ANDTWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEPULLA KARTHIK}

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WRIT PETITION^{NO: 3476 20F 2023}

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Between:

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'1. K. Madhumathi, D/o Badi Rao, age 33^{years'Occ Staff NurseO/o'Primary} ' iidiili;;G, iarnuiAsifaoad, (omaram Bheem. District'

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2 it#;-il"nbiJt"rr.^{ril"-n''u'j1 C"o ng"} .4l..vears'^occ -Staff^Nurse' ' ij;il;;) f""rili C"nt"i, ut;fir" M, Liinooi 1rr4, r'a Asirabad^District' 3 b;iffi'Ciuiidrrtui'j.'ol"^{"cu.b'?"'nge.} -^{i5-. vears occ Staff Nurse'} primary Heatth Center,' Siri'*"iVl-sirpuiitrit)^{Koh.raramBheem, Asifabad} District.

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...pETIT;ONERS

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AND

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The Medical^{and Health Services RecruitmentBoard Go-vt of TelanganaRep} bv its Member^{Secretary, Old Commissionrate Building' Sultan Bazar'} H'vderabad.

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H'vderabad.

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, T#tsi.i;;{ Medical^{and Health officer,Komaram Bheem} '^{Asifabad District} 5. ii;; D;;;i;i"i^{H6irt,, si"i"ot r"1'nsana, srlthan Bazar Hvderabad} 4. The Commissioner^{of H";i; ;ilF;ri[} Weffare, State^{of T6langana,Sulthan} Bazar HYderabad.

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Bazar HYderabad.

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1. The State of^{Telangana,Repby its, Principal Secretary Health andFamily} Welfare Department,^{Secretariat,HyderaDao}

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...RESPONDENTS

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Petition under^{Articte 226 of the Constitutionof lndia prayrng that in the} circumstances^{stated inthe affidavit filedtherewith,the High Courtmay be} pleasedtoissueaWrit,orderordirectionmoreparticularlyoneinthenatureof Writ of Mandamus.-^{(A) By declaringthe entire actionof the respondents' in not} awarding20pointweightagemarkstothepetitionersfortheservicerenderedby them on^{contractbasis in the cadre of Staff Nurse in the PHC' Jainur' PHC} Usegoan^{(V) and PHC Sirpurfor the purpose of considering appointmentfor the} postsofStaffNursesinpursuanceofNotificationNo.03t2O22dated.30.12.2022 issued by^{the 1St respondentdespite of uploadingthe experience/service} certificatesthroughwebsiteandotherwaymentioningcolumnNo',lBofremarks that the claim^{of the petitioners for weightage points under contractservice is not}

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considered, even without assigning any reasons while releasing total points / marks obtained by the petitioners, while awarding to other similarly situated, despite of submitting necessary objections on the data displayed is as highly illegal, arbitrary, unjust, improper, colorable exercise of power, discriminatory, violative of all principles of natural justice. b) And consequently to direct the respondents to verify the service certificates of the petitioners personally and award 20 point weightage marks to the petitioners for the service rendered by them on contract basis in respective Govt Health Centers and allow them to participate in the further process selection along with others and accordingly consider their cases for appointment to the post of Staff Nurse in furtherance of Notification No. 03/2022 daled.30l1212022 oI the 1st respondent.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to verify the service certificates of the petitioners personally and award 20 point weightage marks to the petitioners for the service rendered by them on contract basis in respective Govt Health Centers and allow them to participate in the further process selection along with others and accordingly consider their cases for appointment to the post of Staff Nurse in furtherance of Notification No. O3l2O22 dated.3011212022 ol the 1st respondent.

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Counsel for the Petitioners: SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent No.1: SMT. K.UDAYA SRl, SC FOR MHSRB Counsel for the Respondent Nos.2 TO 5: GP FOR SERVICES ll

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.34762 of 2o23

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ORDER:

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This writ petition is filed seeking the following prayer:

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' ... to issue a Writ order or direction more particularly one in^the nature of Writ of Mandamus by declaring the entire action of the respondents in not awarding 20 point welghtage marks to the petitioners for the service rendered by them on contract basis in the cadre of Staff Nurse in the PHC Jainur PHC Usegoan V and PHC Sirpur for the purpose of considering appointment for the posts of Staff Nurses in pursuance of Notihcation No.O3/2022 dated 30. 12.2022 issued by the l respondent despite of uploading the experience /service certificates through^website and other way mentioning column No 18 of remarks that the claim of the petitioners for weightage points under contract service is^not considered even without assigning any reasons while^releasing total points/marks obtarned by the petitioners, while awarding^to other similarly situated, despite of submitting neccssary objections on the data displayed is as highly illegal, arbitrary, unjust, improper, colorable exercise of power, discriminatory, violative of all principles of natural^justice.

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And consequently to direct the respondents to verify the service certificates of the petitioners personally and award 20 point weightage marks to the petitioners for the service rendered by them on contract basis in respcctive Govt Health Centers and aliow them to participate in the further^process selection along with others and accordingly consider their cases for appointment to the post of Staff Nurse in furtherance of Notification^No 03l2022 daled 30.12.2022 of the lst respondent and to^{pass such} other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

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When the matter is taken-up for hearing, Smt.K.Udaya Sri, Iearned Standing Counsel appearing for respondent No.1-Board submits that the service certifies filed by the petitioners have already been considered by respondent No.1 and awarded weightage marks to the extent of contract service rendered^by them. At this^juncture, Sri S.Satyanarayana Rao, learned counsel^for the^{petitionerssubmits} that he is not aware of the same.

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Having regard to the submissions made above, the respondents are directed Lo consider the objections dated 19.12.2C23 hled by the petitioners and pass appropriate orders, if not already considered, before the completion of selection process under the impugned notihcation.

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Accordingly, the writ petition is disposed of. Miscellaneous

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petitions pending, i[ any, shall stand closed. No costs.

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SD'.A.V.S.^PRASAD ASSISTANT nEG)STRAR /ITRUE COPY" sEcrlSfoFFlcER

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To 1 The Member^{Secretary, Medical and Health. Services Recruitment Board'} Govt of relansana^{old #;H;1ffi;t';Eiiiro-i"g'S^ultan Bazar' Hvderabad'}

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2 rhe District^{Medical ,"0'il!"ri'ri'o?iiEilx"n1"."-l'Bheem' AsifabadDistrict} i.+n:ah"*:s,'"**.T;,:r,lf;:ll?:Lqt"f,)"?*l::3,:,ffi^{[iJg?"T"Tsurthan} r ?ft51'f,',"'f:?3x1.",rrv^{Healthand Familvwelfare Department' Secretariat'} Hvderabad, State^{of Telanoana'}

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e ohe cc to SRI^{snr.rrHip[rH'SnTYANARAYANA RAo' Advocate[oPucl} Y diiE dd io^{5r',rr. r uonVn snr, sc ron llHqBB [oPUCl} 6. Y'nll dd.Udij^{idR SiiividEbrinisn courtforiheState of relangana'at} Hvderabad [OUT]

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9 Two CD CoPies

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PSK: BS \w

CC TODAY

HIGH COURT

DATED:2811212023

ORDER

WP.No.34762 of 2023

STATE o
1
f, stt ?s8 C-:
2s

DE l,j C

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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K. Madhumathi v. The Medical and Health Services Recruitment Board

Case brief

What is this about?

What did the court decide?

K. Madhumathi v. The Medical and Health Services Recruitment Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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