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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.5620 OF 2024 (Kiran Ganesh Waghmare and others Vs. The State of Maharashtra, through its Secretary, Department of Public Health, Mumbai and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.S. Dhengale, Advocate for petitioners.

Mr. N.S. Rao, AGP for respondent Nos.1 to 3.

Mr. U.J. Deshpande, Advocate for respondent No.5. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 24 th OCTOBER, 2024.

1.

Heard.

2.

The ANM course warrants the qualification of 18 months training, whereas GNM contemplates 3 years. 3.

The course which is completed as GNM is higher in rank and academics.

4.

A candidate who holds a higher qualification can always be presumed to be holding a lower qualification like in this case the qualification which the petitioners are holding of GNM. It has to be presumed that they are already qualified as ANM. This Court in support of the aforesaid analogy has already referred to the Apex Court judgment in the matter of Jyoti K.K. Vs. Kerala Public Service Commission, reported in AIRONLINE 2002 SC 320 :: 2002 UJ(SC) 2 941.

5.

In this back ground even if the respondents have placed reliance on the communication issued by the Deputy Director, Public Health, such approach of the Deputy Director is purely based on length of the course and not the aforesaid

wp5620.24.odt 2/2 principle which is laid down by the Apex Court. 6.

In this background, the counsel for respondents submits that a clarification shall be sought from the Government and it shall be ensured that same is received on or before 13th November, 2024 till which period no appointment shall be carried out.

7.

Let the affidavit be placed on record by 14th November, 2024.

8.

Stand over to 18th November, 2024.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 25/10/2024 12:56:55