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2021 Supreme(Chh) 329

ARUP KUMAR GOSWAMI, SANJAY K.AGRAWAL
Sushila Rajwade, W/o Shri Rajesh Rajwade – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhyuday Singh, Advocate.
For the Respondents:Mr. Chandresh Shrivastava, Deputy Advocate General.

ORDER :

Sanjay K. Agrawal, J

1. The petitioners herein call in question the constitutional validity of Condition No.3(i), Column 5, Entry 1 of Nursing Service under Schedule-III enacted under Rule 8 of the Chhattisgarh Health and Family Welfare Department Non-ministerial Para-Medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013 (for short, ‘the Rules of 2013’) as amended vide notification dated 11-6-2020, prescribing minimum experience of 5 years for Mitanins to be eligible for recruitment under limited direct recruitment to the post of Staff Nurse, and also consequently seek to challenge clause 3(1) of the advertisement dated 24-5-2021, whereby 5 years experience has been sought for in respect of Mitanins for enabling them to participate in the limited direct recruitment process for the post of Staff Nurse.

Factual Backdrop:

2. The petitioners, who were appointed and working as Mitanins based on the 17th Stage Mitanin Training conducted by the State Health Resource Centre, have undergone the course training for General Nurse Midwifery (GNM) under a

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