1. The main point involved in these two writ petitions is,

'Whether the word ^fu;fer^ (regular) in sub-rule (1) of rule 4 {4(1)} of the Mahila Bahuuddeshiya Swasthya Karyakarta (ANM) Pathyakram Pravesh Niyam, 2011 (the Rules), is discriminatory.'

THE FACTS

2. The State Government conducts 1½ year Auxilliary Nursing and Midwifery course (the ANM-Course) for the appointment on the post of Multipurpose Health Worker, which includes ANM. The admission in the ANM-Course is governed by the Rules.

3. Rule 4(1) of the Rules provides minimum educational qualification for admission. It is as follows:

(4) efgyk cgqmís’kh; LokLF; dk;ZdrkZ ¼,-,u-e-½ izf’k{k.k ikB;Øe es izos’k gsrq U;wure ‘kS{kf.kd vgrkZ;sa %

1- 10$2 f’k{kk i}fr es fu;fer ijh{kk 12oh d{kk mRrh.kZ vFkok iqjkuh i}fr es gkb;j lSdsaMjh ijh{kk mÙkh.kZ gksuk vfuok;Z gksxkA

WP 7934 of 2011

4. The Respondent published an advertisement for admission in the ANM-Course in the month of October, 2011 for the session 2011-2012.

5. Smt. Geeta Singh filed an application for admission in the ANM-Course. Her application was not entertained on the ground that she had passed 12th class privately and not as a regular student. She has filed Writ