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2023 Supreme(Chh) 366

NARENDRA KUMAR VYAS
Godawari Patel, W/o. Nemchand Patel – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Department of Health Services – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vivek Kumar Shrivastava.
For the Respondent:Mr. Amrito Das, Additional Advocate General.

ORDER :

1. The matter was listed in the motion hearing stage for vacating the interim order passed by this Court on 18.04.2022. Looking to the fact that the selection process is under challenge, the with the consent of both the parties, the matter is heard finally.

2. The petitioner has cleared General Nursing and Midwifery Examination and got registration with Chhattisgarh Nurses Registration Council, Raipur as such she is qualified candidate for the post of General Nursing and Midwifery. The petitioner has challenged the advertisement dated 24.03.2022 and the amended advertisement dated 25.03.2022 issued by respondents No. 3 mainly contending that said advertisement is contrary to the Rules namely the Chhattisgarh Health and Family Welfare Department Non-ministerial Para-Medical and Nursing (Directorate of Health Services) Class-III Service Recruitment Rules, 2013 (For short 'the Rules, 2013').

3. Learned counsel for the petitioner would submit that as per Rule 6 of the Rules, 2013 which provides Mode of Recruitment and Rule 6(1)(A) provides that direct recruitment through competitive examination/selection therefore, it is incumbent upon the respondent No. 3 to conduct competitive e

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