Bishnupriya Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.1948 of 2016 Bishnupriya Nayak ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

12.08.2022

02. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. S.Behera, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Standing Counsel appearing for the Opp. Parties.

3. The Petitioner is aggrieved by the qualification prescribed in the advertisement issued by the C.D.M.O., Khurda under Annexure-5. It is submitted that the Petitioner possesses the qualification of GNM and she is eligible for her appointment to the post of Staff Nurse. But it is submitted that in view of the stipulation contained in Annexure-5 i.e. the candidate must have passed +2 Science, the Petitioner was aggrieved by such stipulation as the Petitioner does not possess +2 Science and in fact she possesses +2 Arts qualification.

4. It is submitted that as per the prospectus issued by the Govt. under Annexure-1, candidates those have passed +2 examination in Science/Arts/Commerce and other equivalent stream from the Council of Higher Secondary Education, Odisha or equivalent

// 2 // examination are eligible to make their application for admission to a Nursing course. It is also submitted that Indian Nursing Council in its communication under Annexure-2 had also stipulated that Arts and Commerce students can be admitted for GNM program. It is accordingly submitted that the Petitioner having +2 Arts qualification was allowed to take admission to the GNM course and she has also completed the same, she has also registered herself before the Odisha Nursing and Midwives Council vide Annexure-4.

5. Mr. Behera also brought to the notice of this Court similar advertisement issued by the C.D.M.O., Boudh under Annexure-8. This Court finds that there is no such stipulation i.e. a candidate must have passed +2 Science examination.

6. Mr. Balabantaray, learned Standing Counsel made his submission basing on the stand taken in the counter. It is submitted that in view of the notification issued by the Govt. in the Health & Family Welfare Department on 30.06.2015, in order to be eligible for appointment to the post of Staff Nurse a candidate must have passed +2 Science examination. Accordingly, it is submitted that since the Petitioner did not possess the said qualification of +2 Science, she is not eligible to make her application pursuant to Annexure-5 advertisement.

7. Heard learned counsel for the Parties. Perused the materials available on record. The Petitioner admittedly has passed the GNM course prior to issuance of the notification issued on 30.06.2015. By the time the Petitioner was allowed to undergo the said course. Candidates with 10+2 in Science, Arts & Commerce were eligible to take admission in the GNM course.

// 3 //

8. In view of the said guidelines, Petitioner was not only allowed to prosecute GNM, but also she completed the same and she has registered her name before the Odisha Nursing & Midwives Council. The notification in question having been issued subsequent to the petitioner's acquiring cannot be found to enact the Petitioner from the purview of selection. Not only that only face of similar advertisement issued by the C,D.M.O., Boudh under Annexure-7, this Court is of the opinion that the Petitioner's candidature should have been considered by the C.D.M.O., Khurda.

9. This Court further finds that while issuing notice of the matter, an interim order was passed with a direction not to reject the application of the Petitioner and the Petitioner is allowed to participate in the said examination, but her result shall not be declared and be kept in a sealed cover.

10. In view of such order passed by this Court and the opinion expressed hereinabove, this Court directs O.P. No. 3 to consider the claim of the Petitioner by opening the sealed cover. If on such opening of the sealed cover it is found that the Petitioner has qualified the test, then necessary follow-up action be taken by issuing order of appointment in her favour. The entire exercise shall be completed within a period of two (2) months from the date of receipt of this order.

11. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Subrat