Suman Devi vs State of Uttarakhand - 2021 Supreme(SC) 167

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 167

L.NAGESWARA RAO, S.RAVINDRA BHAT
Suman Devi – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
For the Appellant(s) : Ms. V. Mohana, Sr. Adv. Mr. R. P. Gupta, AOR Mr. Ravindra S. Garia, AOR Mr. Shashank Singh Adv Mr. Siddharth Iyer, Adv. Mr. Abhay Kumar, AOR Mr. Kumar Milind, Adv. Mr. Shekhar Naphade, Sr. Adv. Ms. S Lakshmi Aiyer, Adv Mr. Mohd. Farhan Khan, Adv Ms. Farah Hashmi, Adv Mr. M C Dhingra AOR Mr. Gaurav Dhingra, Adv
For the Respondent(s): Mr. Jaswant Singh Rawat, AOR Mr. Jatinder Kumar Sethi, Dy. A.G. Mr. Ashutosh kumar Sharma,Adv Mr. Sudarshan Singh Rawat, AOR Mr. Jatinder Sethi, Dy. A.G. Mrs. D. Bharathi Reddy, AOR Mr. Ytharth Kumar, Adv. Mr. VSR Krishna, Adv. Mr. Arpit Shukla, AOR Mr. T. Mahipal, AOR Mr. Manan Verma, AOR Mr. M. C. Dhingra, AOR Mr. Javedur Rahman, Adv. Mr. Raveendra Bisht, Adv. Mr. Shivendra Singh, AOR

JUDGMENT :

S. RAVINDRA BHAT, J.

Brief Facts

1. With consent of counsel for parties, the appeals were heard finally.

2. The appellants, who are registered Auxiliary Nurse Midwives (hereafter “ANM”) complain that the Uttarakhand High Court’s ruling¹ [By judgment dated 7th July, 2017 in Special Appeal No. 156, 143, 150/2017 and other connected appeals and writ petitions] regarding their ineligibility for appointment to the cadre of Family Health Worker (hereafter “FHW”), Auxiliary Nurse-Midwives (hereafter “ANM”) and Health Supervisor (hereafter “HS”) is erroneous. The Government of Uttarakhand had advertised on 15.03.2016, 440 vacancies of FHW (Female) and ANM, relative to several years’ backlog. The advertisements were challenged as being contrary to the recruitment rules; the challenge was upheld by a single judge (who allowed the writ petitions) and whose decision was affirmed by the impugned judgment.

3. The erstwhile United Provinces enacted a law, brought into force w.e.f. 25.08.1934 (hereafter called “the U.P. Law”)² [United Provinces Nurses, Midwives, Assistant Midwives (Auxiliary Nurse-Midwives and Health Visitors) Registration Act, 1934]. The object of the U.P. Law was to provid

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2021 Supreme(SC) 167

L.NAGESWARA RAO, S.RAVINDRA BHATSuman Devi – AppellantVersusState of Uttarakhand – Respondent

L.NAGESWARA RAO, S.RAVINDRA BHAT
Suman Devi – Appellant
Versus
State of Uttarakhand – Respondent