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IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Songkhupchung Serto, J.
The Unemployed Trained Nurses Association - Appellants
Vs.
State of Nagaland and Ors.- Respondent
WP (C) 93/2020
Decided On : 24-08-2020
Constitution of India,1950 - Articles 14 and 16 - Advertisement - Appointment - Un-employed trained nurses - Selection process - Petitioners have sought for quashing of Notification No. HFW(A) COVID-19/Appt-dated issued by Commissioner & Secretary, Health & Family Welfare Department, in pursuance of Cabinet decision taken wherein, it was stated among others that, newly created post in Health & Family Welfare Department shall be filled up within a months' time with proper advertisement and while filling up such post due weightage shall be given to marks obtained by candidates in qualifying degree and years of work experience - And, to quash and set aside Advertisement No. dated - Whether post of Gardener has been upgraded to post of Horticulture Extension Worker or that it is same post having a different nomenclature – Held, Court find nothing illegal in impugned notification and impugned advertisement, in particular - In any case, as stated above, validity of second part of case of petitioners depended on result of findings made in first part - Court of view that same relaxation should be extended to all trained nurses of Nagaland considering fact that many of them did not have privilege of being appointed on contractual basis and such opportunity to compete for appointment comes very rarely - Respondents are hereby directed to extend same benefit to all trained nurses in Nagaland - To enable the persons who have not applied for selection process due to overage, respondents shall extend the last date of submission of application - Writ petition is disposed of
JUDGMENT :
Songkhupchung Serto, J.
1. Heard Mr. Joshua Sheqi, learned counsel for the petitioner and also heard Mr. K. Sema, learned Sr. Addl. Advocate General appearing for the State respondents assisted by Ms. Livika, learned Government Advocate.
2. The petitioners herein are un-employed trained nurses and they filed the petition through their Association, a registered Society. By filing this petition the petitioners have sought for quashing of; (1) the Notification No. HFW(A) COVID-19/Appt-13/17/2020/269, dated 05.07.2020, issued by the Commissioner & Secretary, Health & Family Welfare Department, in pursuance of the Cabinet decision taken on 23.06.2020 wherein, it was stated among others that, the newly created post in the Health & Family Welfare Department shall be filled up within a months' time with proper advertisement and while filling up such post due weightage shall be given to marks obtained by the candidates in the qualifying degree and years of work experience; and in the case of staff nurse, appointment to 50% of the post should be made by following queue system and for appointment to the other 50% through direct recruitment, in order to give equal opportunity to all and to promote merit; and the queue system of recruitment will be discontinued in due course. (2) And, to quash and set aside the Advertisement No. DHFW-5/COVID-19/SN/2019-2020/5023-26, dated 16.07.2020, issued by the Principal Director, Government of Nagaland wherein applications are invited for recruitment against the newly created 110 post of staff nurse. (3) And, prayed for a direction directing the State respondents to implement the Memorandum No. CAB-2/2013, dated 12.06.2020, wherein it is stated among others that the Cabinet in its meeting held on 11.06.2020 has approved creation of 143 posts of staff nurse to be deployed in district hospitals, and appointment to such post shall be made through the existing system.
3. Before I proceed any further, the facts and circumstances which led to the filing of this writ petition are briefly given as follows;
"GOVERNMENT OF NAGALAND CABINET SECRETARIAT (CABINET CELL)
No. CAB-2/2013
Dated, Kohima, the 12th June, 2020
MEMORANDUM
Sub:- Minutes of the Cabinet Meeting held on held on 11th June, 2020.
The undersigned is directed to forward herewith an extract of the minutes of the Cabinet meeting held on 11th June, 2020, for kind information and necessary action.
Agenda No. 1: Appointment of Doctors and Nurses under Health & Family Welfare.
The Cabinet considered the proposal of the Health & Family Welfare Department and deliberated in detail in the backdrop of Coivd-19 pandemic. The Department explained that there is severe shortage of Doctors & Nurses in comparison with IPHS norms which is 23% as against 50% in case of specialist doctors and 25% as against 75% in case of staff nurses as per IPHS norms and that the department was unable to provide required number of doctors in the districts. Further, in view of the large number of positive cases being reported in many districts, deployment of additional doctors and nurses is required for containment and treatment facilities.
In view of the prevailing extra-ordinary situation, the Cabinet having considered the views of the P & AR Department including related Hon'ble High Court judgment dated 03-08-2018 and order dated 07-02-2019 and the financial implications, reviewed the urgent requirement and decided to approve the proposal of the Health & Family Welfare Department as follows;
1. Creation of 53 (fifty three) posts of Specialist Doctors for 11 (eleven) District Hospitals in the State.
2. Creation of 1 (one) post
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