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2025 Supreme(Chh) 388

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, RADHAKISHAN AGRAWAL
Deepti Tiwari, D/o Shri Narendra Tiwari – Appellant
Versus
State of Chhattisgarh, through its Secretary, Department of Medical Education – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mateen Siddiqui and Mr. Ghanshyam Kashyap, Advocates.
For the Respondent:Mr. Rahul Tamaskar, Government Advocate.

ORDER :

Sanjay K. Agrawal, J.

1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India questioning the constitutional validity of Serial No.1 of Schedule III to sub-rule (2) of Rule 8 of the Chhattisgarh Medical Education Department Class III Nursing Service Recruitment Rules, 2012 (for short, ‘the Rules of 2012’) (Annexure P-1), whereby educational qualification has been prescribed for the post of Staff Nurse/Nursing Staff and also eventually challenged the advertisement dated 9-6-2022 (Annexure P-2) issued for appointment of 176 posts of Staff Nurse in accordance with the Rules of 2012 excluding the GNM Course for the said post of Staff Nurse/Teaching Staff.

2. The petitioners, who hold 3 year diploma in General Nursing and Midwifery, have called in question the aforesaid rules as well as the impugned advertisement branding the same as discriminatory and manifestly arbitrary, as they are holding 3 year diploma in General Nursing and Midwifery (GNM). The case of the petitioners is that the minimum requisite qualification for appointment on the post of Staff Nurse in the Department of Health Services of the State of Chhattisgarh includes GNM

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