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Bombay High CourtWP/5620/2024dismissed

Kiran Ganesh Waghmare And Others v. State Of Maha., Thr. Secretary, Department Of Public Health, Mumbai And ORS

2024-10-21Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5620 OF 2024 Kiran Ganeswh Waghmare and ors. -Vs-State of Maharashtra and ors. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------- Mr.Shekhar Dhengale, counsel for the petitioner/s. Mr.N.S.Rao A.G.P for respondent Nos.1 to 3.

Mr. U.J.Deshpande, counsel for respondent No.5. CORAM:NITIN W. SAMBRE AND :MRS.VRUSHALI V. JOSHI, JJ.

DATE : 21st OCTOBER, 2024.

1.

Heard.

2.

Upon hearing respective counsel, we are satisfied that the petitioners are holding qualification required for the post of Auxiliary Nurse Midwife(ANM). 3.

The reliance can be placed on Schedule V of the Recruitment Rules of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967.

4.

The selection process adopted under the President and Secretaryship of Collector and Chief Executive Officer has ignored the qualification prescribed under the aforesaid Schedule for the post of the Auxiliary Nurse Midwife (ANM) and Nurse Midwife.

Kavita

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It is not disputed that the petitioners are holding qualification of B.Sc. (Nursing) and are also registered with the Competent Authority.

6.

In such an eventuality, it cannot not be held that petitioners were not holding qualification for the post of Auxiliary Nurse Midwife (ANM).

7.

As such, we permit the Chairman of the Selection Committee, Collector particularly so also Member Chief Executive Officer, Zilla Parishad, Akola to sit together and sort out the issue and report back by Thursday. 8.

Stand over to 24.10.2024.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 22/10/2024 10:37:57 Kavita