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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
| Table of Content |
|---|
| 1. challenge to educational qualifications for nursing post (Para 1 , 2) |
| 2. arguments on qualifications as prerogative of the employer (Para 3 , 4 , 5) |
| 3. principles of statutory interpretation and burdens of proof (Para 6 , 7 , 8 , 9 , 10) |
| 4. legislative authority under article 309 and its implications (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. compatibility of rules with indian nursing council act (Para 18 , 19 , 20) |
| 6. validity of the impugned rule upheld (Para 21) |
| 7. writ petition dismissed with costs (Para 22) |
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 s
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.
Prescription of essential qualification by way of experience may cause some hardship in their application in some cases, but on that ground, impugned condition in Rules of 2013 cannot be struck down ....
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 upheld the constitutionality of gender-based reservation in nursing courses, establishing that such discrimination is permissible under Articles 14 and 15 of the Constitution, aimed at empo....
It is clear that for maintaining standards of education in schools, NCTE is now specifically empowered to determine qualifications of persons for being recruited as teachers in schools or colleges.
Classification based on educational qualifications for promotion is permissible under Articles 14 and 16 of the Constitution, provided it is reasonable and has a rational connection to the objectives....
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