Reena Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 902 of 2021 Reena Sen D/o Shri Omkar Sen Aged About 24 Years R/o Village Semera, Post Gatparkal, Tehsil Dongargarh, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare , Mantralaya , Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh

2. The Director Health Services, Chhattisgarh, Office At Indravati Bhawan, Atal Nagar , Raipur Chhattisgarh

3. Department Of Medical Education Government Of Chhattisgarh Through Its Director, Office At Old Nurses Hostel, DKS Bhawan, Raipur Chhattisgarh

4. The Chief Medical And Health Officer Rajnandgaon , District Rajnandgaon Chhattisgarh

5. Block Medical Officer Community Health Centre, Dongargarh, District Rajnandgaon Chhattisgarh

6. Govt. College Of Nursing Through Its Dean, Late Lakhiram Agrawal Memorial Medical College Campus, TV Tower Road, Bendrachua , Raigarh Chhattisgarh ---- Respondents For Petitioner :

Mr. Shishir Dixit, Advocate For State :

Mr. V. R. Tiwari, Addl. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 03/03/2021

1. The limited prayer that the petitioner makes at this juncture is for appropriate direction to the respondent no.2 to consider the request of the petitioner for relaxing the conditions by which she could pursue the Bsc.

Nursing Course from the respondent no.6 College where the petitioner has already got the admission.

2. Counsel for the petitioner submits that she had initially applied and she has got the permission from the Department and on the basis of which she has taken admission also. However, subsequently she has been orally informed that she cannot be permitted to pursue Bsc. Nursing Course for the reason that requirement under the Government Circulars are that a candidate who applies for the said post must be having minimum 5 years of service and in the instant case the petitioner does not have. Counsel for the petitioner submits that authorities must be having some authority to relax the said conditions and for which the petitioner has already approached the respondent No.4 in this regard.

3. Given the limited grievance that petitioner has raised the writ petition at this juncture stands disposed of directing the petitioner to approach the respondent no.2 & 4 by making fresh request/representation in this regard and respondent no.2 & 4 are in turn directed to consider the representation in accordance with rules, regulations and guidelines governing the field. Respondent no.2 may also consider whether in the capacity of Director, he could relax the stipulated period of 5 years required for grant of such permission.

4. Let a decision be taken at the earliest preferably within a period of 30 days from the date of production of representation by the petitioner.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit