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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
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 respondent no. 4 herein to correct the list published on 07.10.2024, as also declaring and including the names of the petitioners as eligible and qualified candidates and issuing appointment orders to the petitioners.
3. The facts can be narrated in a short compass are as under:-
(a) The respondent no. 4, which is the Zilla Parishad, Nagpur, published an Advertisement No. 01 of 2023 concerning the direct recruitment process for Group C for various posts coming under the said group, and applications were invited for those posts. The applications, which were to be filed online, included 308 posts for Nurse/Health Worker (Female). The requisite qualification for the said posts is
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.
Point of law : Qualification as staff nurse - Female Health Worker having passed 10+2 examination from a recognized Board of School Education and having served as Female Health Worker for five years ....
Employer's discretion in determining qualifications for the advertised post.
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