Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997: r.5 Uttar Pradesh Department of Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | 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 recruitment 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 educational qualification of intermediate with science) did not relieve the State from the obligation of enforcing statutory rules – Indian Nursing Council Act, 1947. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 212 |
Petitioner | Suman Devi & Ors. |
Respondent | State Of Uttarakhand And Ors. |
SCR | [2021] 3 S.C.R. 297 |
Judgement Date | 2021-03-25 |
Case Number | 000554-000557 |
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