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High Court Of ChhattisgarhWPS/5999/2017disposed off

Manisha Kerketta v. State Of Chhattisgarh

2018-01-19Hon'Ble Shri Justice Sanjay K. Agrawal8 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5999 of 2017 Manisha Kerketta Shri Manuel Kerketta Aged About 27 Years Auxiliary Nurse Midwife A. N. M. Sub Health Centre, Shivpur Charcha , Community Health Centre, Patna, District Koriya Chhattisgarh, Chhattisgarh Health Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh, Chhattisgarh

2. Director Health And Family Welfare, Directorate Of Health And Family Welfare, Raipur Chhattisgarh, District : Raipur,

3. Director Medical Education, Directorate Of Medical Education, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. Chief Medical And Health Officer, District Koriya Chhattisgarh,

5. Government College Of Nursing Near C L C Plaza, Mangla Chowk, Bilaspur Chhattisgarh Through Its Principal, Government College Of Nursing, Bilsapur Chhattisgarh, District : Bilaspur, Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M Vyapam Bhawan, North Block, Sector - 19 Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh WPS No. 5990 of 2017

1. Ku. Lalita Kunjam D/o Late Rohit Singh Kunjam, Aged About 30 Years Posted As A N M At Primary Health Centre, P. V. - 63, Block Koilibeda, District North Bastar Kanker Chhattisgarh.,

2. Varsha Usendi D/o Shankar Usendi, Aged About 29 Years Posted As A N M At Sub Health Centre, Sarandi, Block Antagarh, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Kumari Shila Gupta D/o Salik Ram Gupta, Aged About 31 Years Posted As A N M At Primary Health Centre, Badagaon, Block Koilibeda, District North Bastar Kanker Chhattisgarh. , District : Kanker, Chhattisgarh

4. Smt. Raiymo Dugga, W/o Arun Dugga, Aged About 32 Years Posted As A N M At Sub Health Centre, Bade Jharkatta, Block Koilibeda, District North Batar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

5. Narmila Vatti D/o Vishram Singh Vatti, Aged About 27 Years Presently Posted As A N M, Sub Health Centre, Sonpal, Block Durgukondal, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

6. Smt. Rajni Verma W/o Ram Bhuvan Verma Aged About 29 Years Posted As A N M At Sub Health Centre, P. V. - 26, Block Koilibeda, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioners

1. State Of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., Chhattisgarh

2. Director Directorate Of Health Services, Indrawati Bhawan, Raipur, District Raipur Chhattisgarh., District : Raipur,

3. Director, Directorate Of Medical Education, Indrawati Bhawan, Raipur, District Raipur Chhattisgarh., District : Raipur,

4. Joint Director Nursing, Directorate Of Health Service, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. Chhattisgarh Professional Examination Board, Raipur, Through Its Chairman, Raipur Chhattisgarh., District : Raipur, WPS No. 6007 of 2017

1. Vidyavati Singh S/o Shri Jitendra Kumar Singh, Aged About 29 Years Auxiliary Nurse Midwife A. N. M. Sub Health Centre, Mero, Community Health Centre, Khadgawa, District Koriya Chhattisgarh , Chhattisgarh

Health, Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh , Chhattisgarh

2. Director, Health And Family Welfare, Directorate Of Health And Family Welfare, Raipur Chhattisgarh , District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education, Raipur Chhattisgarh , District : Raipur, Chhattisgarh

4. Chief Medical And Health Officer, District Koriya Chhattisgarh ,

5. Government College Of Nursing, District Hospital Campus, Ambikapur District Surguja Chhattisgarh, Through Its Principal, Government College Of Nursing, Ambikapur, District Surguja Chhattisgarh , District : Surguja (Ambikapur), Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M , Vyapam Bhawan, North Block Sector- 19 Naya Raipur Chhattisgarh , District : Raipur, Chhattisgarh WPS No. 6008 of 2017

1. Divya Sahu D/o Shri Ramesh Sahu Aged About 25 Years Auxiliary Nurse Midwife A. N. M. , Primary Health Centre, Mansukh, Community Health Centre, Patna, District Koriya Chhattisgarh , Chhattisgarh Health And Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh , Chhattisgarh

2. Director, Health And Family Welfare, Directorate Of Health And Family Welfare Raipur Chhattisgarh , District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education Raipur Chhattisgarh , District : Raipur, Chhattisgarh

4. Chief Medical And Health Officer, District Koriya Chhattisgarh ,

5. Government College Of Nursing, District Hospital Campus, Ambikapur District Surguja Chhattisgarh, Through Its Principal, Government College Of Nursing Ambikapur District Surguja Chhattisgarh , District : Surguja (Ambikapur), Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M , Vyapam Bhawan, North Block, Sector 19, Naya Raipur Chhattisgarh , District : Raipur, Chhattisgarh WPS No. 6010 of 2017

1. Jasnita Bhagat W/o Shri Kapil Dev Aged About 32 Years Auxiliary Nurse Midwife A. N. M. Sub Health Centre Kadna Community Health Centre, Sonhat District Koriya Chhattisgarh. ,

1. State Of Chhattisgarh Through The Secretary Department Of Health Family Walfare And Medical Education Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh. , Chhattisgarh

2. Director, Health And Family Welfare , Directorate Of Health And Family Welfare , Raipur Chhattisgarh. , District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education Raipur Chhattisgah. , District : Raipur, Chhattisgarh

4. Chief Medical Officer , District Koriya Chhattisgarh. , District : Koriya (Baikunthpur), Chhattisgarh

5. Government College Of Nursing, District Hospital Campus , Ambikapur Distirct Surguja Chhattisgarh Through Its Principal Government College Of Nursing Ambikapur District Surguja Chhattisgarh. , District : Surguja (Ambikapur), Chhattisgarh

6. Chhattisgarh Professional Examination Board , V Y A P A M , Vyapam Bhawan North Block Sector - 19 Naya Raipur Chhattisgarh. , District : Raipur, Chhattisgarh WPS No. 6013 of 2017

1. Annapurna Dhruw W/o Shri Ramashankar Dhruw, Aged About

38 Years Auxiliary Nurse Midwife A. N. M. Sub Health Centre, Girvar, Community Health Centre, Gorela, District Bilaspur, Chhattisgarh., Chhattisgarh Health, Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh

2. Director, Health And Family Welfare, Directorate Of Health And Family Welfare, Raipur, Chhattisgarh., District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. Chief Medical Officer, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Government College Of Nursing, Near C L C Plaza, Mangla Chowk, Bilaspur, Chhattisgarh. Through Its Principal, Government College Of Nursing, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M 0, Vyapam Bhawan, North Block, Sector 19, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh WPS No. 6063 of 2017

1. Lakeshwari Netam W/o Shri Santosh Kumar Netam, Aged About 27 Years Auxiliary Nurse Midwife A. N. M. , Sub Health Centre, Lakhurri, Community Health Centre, Bamnidih, District Janjgir Champa Chhattisgarh., Chhattisgarh

1. State Of Chhattisgarh Through The Secretary, Departmet Of Health Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh., Chhattisgarh

2. Director, Health Family Welfare, Directorate Of Health And Family Welfare, Raipur Chhattisgarh., District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Block Medical Officer, Community Health Centre, Bamnidih, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa,

5. Government College Of Nursing Near C L C Plaza, Mangla Chowk, Bilaspur Chhattisgarh . Through Its Principal, Government College Of Nursing, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M , Vyapam Bhawan, North Block, Sector - 19, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh WPS No. 6086 of 2017

1. Usha Thakur D/o Shri Baldeo Thakur, Aged About 25 Years Auxiliary Nurse Midwife A. N. M. Sub Health Centre, Laai, Block Manendragarh, District Koriya, Chhattisgarh., Chhattisgarh Health, Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh

2. Director, Health And Family Welfare, Directorate Of Health And Family Welfare, Raipur, Chhattisgarh., District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. Chief Medical And Health Officer, District Koriya, Chhattisgarh.,

5. Government College Of Nursing, District Hospital Campus, Ambikapur, District Surguja, Chhattisgarh. Through Its Principal, Government College Of Nursing, Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

6. Chhattisgarh Professional Examination Board, V Y A P A M, Vyapam Bhawan, North Block, Sector 19, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

WPS No. 6087 of 2017

1. Deepa Veronica Toppo W/o Shri Hemant Kumar Kujur Aged About 31 Years Auxiliary Nurse Midwife A. N. M. Primary Health Centre , Khondra Block Masturi District Bilaspur Chhattisgarh. , Chhattisgarh ---- Petitioner

1. State Of Chhattisgarh Through The Secretary Department Of Health Family Welfare And Medical Education Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh. , Chhattisgarh

2. Director , Health Family Welfare Directorate Of Health And Family Welfare Raipur Chhattisgarh. , District : Raipur,

3. Director, Medical Education, Directorate Of Medical Education Raipur Chhattisgah., District : Raipur, Chhattisgarh

4. Block Medical Officer, Community Health Centre , Masturi , Block Masturi District Bilaspur Chhattisgarh. , District : Bilaspur,

5. Government College Of Nursing , Near C L C Plaza , Mangla Chowk Bilaspur Chhattisgarh , Through Its Principal, Government College Of Nursing Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh

6. Chhattisgarh Professional Examination Board , V Y A P A M , Vyapam Bhawan North Block Sector - 19 , Naya Raipur Chhattisgarh. , District : Raipur, Chhattisgarh For Petitioner : Mr. Sachin Singh Rajput & Mr. Manish Nigam, Advocates For State/Resp.

: Mr. Arun Sao, Dy.A.G. & Dr. Saurabh Pandey, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/01/2018 (1) In these batch of writ petitions, learned counsel appearing for the respective petitioners would submit that the petitioners are entitled for grant of study leave to take admission in the B.Sc (Nursing) 3 years course. Learned counsel would further submit that the petitioners were selected and when they approached educational

institutions for admission, educational institutions are not allowing them on the ground that they have not come with no objection certificate and no objection certificate has not been granted by the State Government.

(2) This Court by order dated 13.11.2017 granted provisional admission to the petitioners and recorded the statement made by Officer-in-charge, which states as under:- "It is stated by the Officer-in-charge, present in the Court that no objection for admission, which the present petitioners are claiming, have been granted to different in service candidates and not to these petitioners."

(3) Be that as it may, the petitioners are at liberty to make representation before the State Government for redressal of their grievances and also rely upon the statement made by Officer-incharge before this Court on 13.11.2017. If such representation is filed by the petitioners before the State Government, in that event the State Government shall consider and decide the representations of the petitioners taking into view the facts and circumstances of the case expeditiously within a period of four weeks from the date of filing of representations.

(4) Interim relief granted by this Court by order dated 13.11.2017 shall remain in force for a period of four weeks. (5) With the aforesaid observation, the writ petitions are disposed of. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge L/-