KUMARI LAXMI SAROJ & ORS. versus STATE OF U.P. & ORS.

Citation: [2022] 17 S.C.R. 696 · Decided: 15-12-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2022] 17 S.C.R. 696
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KUMARI LAXMI SAROJ & ORS.
v.
STATE OF U.P. & ORS.
(Civil Appeal No. 9040 of 2022)
DECEMBER 15, 2022
[M. R. SHAH AND HIMA KOHLI, JJ.]
Service Law: Appointment – Post of Health Worker (Female)
– As per the advertisement, along with the requisite qualifications,
candidate to be registered with the U.P. Council – All the appellants
had M.P. Council registration and had applied for U.P. Council
registration before the publication of the advertisement and it took
some time for the M.P. Council to issue the NOC and thereafter, it
took further time for the U.P. Council to issue the registration – As
such the candidatures of the appellants not considered for
appointment on the ground that that at the time of verification of
documents and/or even at the time of submitting the applications
forms, they were not registered with U.P. Council and thus, were
ineligible – Writ petition challenging the same – Dismissed by the
High Court – Held: There was no fault on the part of the appellants
in not producing the U.P. Council registration either at the time of
submitting the applications forms or even at the time of verification
of the documents – All the appellants except one had applied for
U.P. Council registration before the publication of the date of
advertisement – Thus, the appellants could not have been made to
suffer – High Court misread and/or misinperpreted the judgment of
this Court in Narender Singh’s case while dismissing the writ petition
– Order passed by the High Court is unsustainable and is quashed
and set aside – State to appoint the appellants to the post of Health
Worker (Female) within the stipulated period.
Narender Singh Vs. State of Haryana and Ors. (2022)
3 SCC 286 – Clarified.
Case Law Reference
(2022) 3 SCC 286
Clarified
Para 4.2, 5
CIVIL APPELLATE JURISDICTION : Civil Appeal No.9040
of 2022.
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From the Judgment and Order dated 13.07.2022 of the High Court
of Judicature at Allahabad, Lucknow Bench in Writ-A No.3993 of 2022.
Alakh Alok Srivastava, Chandan Kumar Singh, Advs. for the
Appellants.
Ardhendumauli Kr. Prasad, AAG, Vishnu Shankar Jain, Ashish
Madan, Modassir Husain Khan, Sheena Taqui, Gyanendra Kumar
Srivastava, Ms. Megha Karnwal, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 13.07.2022, passed by the High Court of Judicature at
Allahabad, Lucknow Bench in Writ A. No. 3993/2022, by which, the
High Court has dismissed the said writ petition and refused to issue a
writ directing the respondent(s) to appoint them on the post of Health
Worker (Female), the original writ petitioners have preferred the present
appeal.
2. The facts leading to the present appeal in a nutshell are as
under: -
2.1 That applications were invited vide advertisement dated
15.12.2021 for appointment on the post of Health Worker (Female).
The last date for submitting the application was 05.01.2022. As per clause
6 of the advertisement, it was inevitable for the candidate to possess the
essential qualifications (educational and other) till the last date of the
application which included a condition that the candidate must have
successfully completed one year six months/two years Auxiliary Nurses
and Midwives (ANM) training course (including six months training
related to obstetrics) as per the norms of the Nursing Council of India
and that the candidate was duly registered with the Uttar Pradesh Nurses
and Midwife Council, Lucknow (U.P. Council).  All the appellants  filled
up their applications forms through online mode and appeared in the said
examination. The eligibility of the candidate was required to be considered
only during verification of the documents. All the appellants were
registered with the M.P. Council. All the appellants except one submitted
KUMARI LAXMI SAROJ & ORS. v. STATE OF U.P. & ORS.
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the applications for the U.P. Council registration. The M.P. Council
furnished the NOC. However, the U.P. Council took time to issue the
registration and therefore, the respective appellants could not produce
the U.P. registration during verification of documents. The candidatures
of the appellants were not considered further for appointment on the
ground that at the time of verification of the documents they were not
duly registered with the Uttar 

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