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2012 Supreme(HP) 763

RAJIV SHARMA
Promila Devi – Appellant
Versus
State of H. P – Respondent


Advocates Appeared:
For the petitioner:Mr. Bhuvnesh Sharma and Mr. Ramakant Sharma, Advocates.
For the Respondents:Mr. Vikas Rathore, Dy. A.G. for respondents No.1 and 2.
Ms. Tanu Sharma, Advocate for respondents No.3 and 4.

JUDGMENT

Rajiv Sharma, Judge.

Essential facts necessary for the adjudication of this writ petition are that the petitioner was appointed as Female Health Worker in the Health Department on 3.8.1991. She was promoted to the post of Staff Nurse. She got herself provisionally enrolled with Indira Gandhi National Open University for undertaking B.Sc. Nursing course on 15.10.2006. Her admission was confirmed on 15.12.2006. Petitioner has placed on record copy of degree issued by Indira Gandhi National Open University vide Annexure P-9. Case of the petitioner, in a nutshell, is that after obtaining degree in B.Sc. Nursing from Indira Gandhi National Open University, she submitted an application for registration with respondent No.3. According to her, she is eligible to be considered for the post of Tutor Nursing but due to non-registration by respondent No.3-Council, her case was not considered by the Departmental Promotion Committee.

2. Case of the respondent-State is that the decision has to be taken by the Himachal Pradesh Nursing Council. Respondents No.3 and 4 have filed the reply. According to the reply filed by respondents No.3 and 4, petitioner could not be registered since she ha





























































































































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