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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.S.JAWALKAR, NANDESH S.DESHPANDE
Amisha Vinod Sheware – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petitioners challenge exclusion from health worker selection post-exam. (Para 1 , 2 , 3) |
| 2. anm required for zp health worker; gnm suits staff nurse. (Para 4 , 5 , 6 , 7) |
| 3. application acceptance exam clearance confer no selection right. (Para 9 , 10 , 11 , 12 , 13) |
| 4. nurses act defines nurse includes anm registration rules. (Para 14 , 15 , 16 , 17 , 18) |
| 5. advertisement mandates anm despite post name ambiguity. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. higher quals not equivalent; employer fixes eligibility courts defer. (Para 25 , 26 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 7. petitions dismissed upholding strict anm qualification. (Para 39 , 40) |
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
2. All these writ petitions raise identical challenges and therefore are being decided by this common judgment. As far as Writ Petition No. 6482 of 2024 is concerned, (which we have treated as the lead petition vide order dated 21.01.2026), it prays for quashing and setting aside the communication dated 30.09.2024. It further prays for a writ, thereby directing the re
Higher qualifications like GNM/B.Sc. Nursing do not equate to specific ANM requirement for Health Worker posts; employer prescribes suitability, courts cannot interfere by equating or rewriting eligi....
The court affirmed that employers have the discretion to set educational qualifications for posts, which is not subject to judicial review unless found arbitrary or illegal.
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
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