SUMAN DEVI & ORS. versus STATE OF UTTARAKHAND AND ORS.

Citation: [2021] 3 S.C.R. 297 · Decided: 25-03-2021 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Dismissed

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Judgment (excerpt)

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   [2021] 3 S.C.R. 297
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SUMAN DEVI & ORS.
v.
STATE OF UTTARAKHAND AND ORS.
(Civil Appeal Nos. 000554-000557 of 2021)
MARCH 25, 2021
[L. NAGESWARA RAO AND S. RAVINDRA BHAT, JJ.]
Uttar Pradesh Department of Medical Health and Family
Welfare Health Worker and Health Supervisor (Male and Female)
Service Rules, 1997: r.5 – Advertisement for recruitment of Auxiliary
Nurse Midwives (ANMs) issued by State of Uttrakhand – The 1997
Rules were amended in 1998 to the effect that minimum qualifications
of intermediate or equivalent (10+2 from a recognized board) in
the science stream were essential for recruitment and appointment
to the cadre of Female Health Workers and ANMs – On
reorganisation, State of Uttrakhand came into existence in 2000 –
In 2016, advertisement issued by Uttrakhand Government inviting
application for appointment of trained ANMs in terms of prevailing
Rules – Advertisement challenged on the ground that recruitment to
the extent it was contrary to Rules (as it did not specifically stipulate
that candidates with science in school were eligible and not others)
be set aside – Held: A comprehensive reading of the provisions of
the Reorganization Act would show that the laws in force in the
erstwhile State of UP continued to remain operative upon the creation
of the new state of Uttarakhand – It is not disputed that the 1997
Rules, after amendment in 1998, mandated that candidates desirous
of being recruited as ANM or Health Workers had to possess
educational qualifications including Intermediate pass (or its
equivalent) with the science stream, apart from the necessary ANM
certificate course – That condition remained unchanged even after
the creation of the State of Uttarakhand – There is no conflict
between the provisions of the INC Act and the recruitment rules
which were in force in the State of Uttarakhand from the time of its
creation in 2000, till 2016 when the rules were changed after the
advertisement in question for the recruitments was issued – Therefore,
the argument that the State was bound by the standards it specified
(in the advertisement which had omitted any mention as to the
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SUPREME COURT REPORTS
[2021] 3 S.C.R.
educational qualification of intermediate with science) did not relieve
the State from the obligation of enforcing statutory rules – Indian
Nursing Council Act, 1947.
Dismissing the appeals, the Court
HELD : 1. It is evident that in the present case, before the
formation of the state of Uttarakhand, rules which governed
recruitment and other conditions of service in relation to health
workers and ANMs had been framed by the erstwhile state of
Uttar Pradesh. Those rules were amended in 1998; the result of
the amendment to the existing rules was that minimum
qualifications of intermediate or equivalent (10+2 from a
recognized board) in the science stream were essential for
recruitment and appointment to the cadre of Female Health
Workers and ANMs. Every candidate of course should have
completed the ANM course with the mandatory training;
nevertheless, the educational qualification of having completed
intermediate, in science, was essential. There is no merit in the
submission of the appellants that the requirement of an
intermediate in science stream did not exist, since the adaptation
order under the Reorganization Act omitted to mention the rules
framed by the erstwhile state of UP. [Para 26][312-E-G]
2. By virtue of Section 28 of the Reorganization Act, the
newly established Uttarakhand High Court had the jurisdiction,
powers and authority in respect of the law in force, immediately
before the appointed day, which was exercisable by the Allahabad
High Court. A comprehensive reading of the provisions of the
Reorganization Act would show that the laws in force in the
erstwhile state of UP continued to remain operative upon the
creation of the new state of Uttarakhand. Section 87 only had the
effect of obliging the state and the courts to thereafter enforce
the existing laws, to the extent they were modified within a period
of 2 years from the date of commencement of the Reorganization
Act. If the appellants are correct, the mere omission of a law or
regulation in the adaptation order, would have the disastrous effect
of creating a vacuum in regard to existing laws that are not
specifically mentioned. In other words, the power to adapt only
meant that such laws which required some modifications or
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adaptations, could be so modi

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