IMPORTANT POINT
Appointment – If it is found that there is no lapse/delay on part of applicant, he cannot be punished for no fault attributable to him.

JUDGMENT :

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 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 Pradesh Nurses and Midwife Council, Lucknow, and therefore, they were ineligible as they did not possess the essential qualifications, as per the advertisement. The appellants therefore, filed the writ petition before the High Court. By the impugned judgment and order, the High Court has dismissed the said writ petition by accepting the stand taken on behalf of the State 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 therefore, they are ineligible.

2.2 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court dismissing the writ petition, the original writ petitioners have preferred the present appeal by way of special leave.

3. We have heard learned counsel appearing on behalf of the respective parties at length.

4. At the outset, it is required to be noted that the date of advertisement inviting applications was 15.12.2021. The last date of submitting the application was 05.01.2022. It is true that as per the advertisement, a candidate should have been registered with the U.P. Council. All the appellants – writ petitioners who were having M.P. Council registration had applied for U.P. Council registration before the date of the advertisement published on 15.12.2021, except for one candidate (namely Kumari Pooja Rani). 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. The statement showing the date of application for U.P. Council registration, issuance of the NOC by M.P. Council, date of application to the U.P. Subordinate Services Selection Commission and date of issuance of the U.P. Council registration in respect of each appellant is as under :