Point of law : Qualification as staff nurse - Female Health Worker having passed 10+2 examination from a recognized Board of School Education and having served as Female Health Worker for five years as regular employee or regular combined with continuous ad-hoc service is eligible to be promoted as Staff Nurse. Thus, it is clear that if a Female Health Worker without having undergone 1½ year certificate course and only with 10+2 and five years experience at her back, can be promoted as Staff Nurse, then how it lies in the mouth of the State to say that the nature of duties for both the cadres is different.

ORDER :

Satyen Vaidya, J.

All these writ petitions involve common question of law and facts, therefore, are being disposed of by this common judgment.

2. The Himachal Pradesh Staff Selection Commission (for short ‘SSC’) issued Advertisement No. 33-2/2017, (for short advertisement) dated 16.09.2017 inviting online applications from eligible candidates for the different category of posts including 205 posts of Female Health Worker (on contract basis) in the Department of Health and Family Welfare, Government of Himachal Pradesh against Post Code 651.

3. Prescribed minimum educational and other qualifications for the post of Female Health Worker was as under: -

i. Should be a Matric with Science/Higher Secondary Part-1 pass or its equivalent from a recognized Board/Institution.

ii. Should possess one and half years training certificate as Female Health Worker from a recognized Institute.

4. In response to the Advertisement, many such candidates applied for the post of Female Health Worker, who did not possess requisite one & half year training certificate as Female Health Worker. They instead were equipped either with a decree in B.Sc. Nursing or Diploma in General Nursing and Midwifery (in short ‘GNM’).

5. It is worth noticing at this stage that prior to issuance of advertisement, there were a large number of precedents by way of judgments passed by this Court whereby the courses of B.Sc. Nursing or GNM were held to be higher in qualification than one & half year certificate course for the Female Health Worker. In CWP No. 7164 of 2012, titled as Kiran Gautam vs. State of H.P. and another, decided on 6th December, 2012, this Court while deciding the identical issue held as under:-

“…..There is no dispute that the petitioner has passed nursing and midwife course which contains those requirements required for the selection to the post of Female Health Worker and she is in fact better qualified to hold that post…...”

6. Similarly, in CWP No. 4515 of 2014 titled as Chandni Jaswal vs. State of H.P and others decided on 30th June, 2014 while deciding the identical controversy it was held as under:-

“……...It is not in dispute that the petitioner has obtained three years’ diploma in GNM (General Nursing and Midwifery). GNM is higher qualification. Since the petitioner is in possession of higher qualification, she is fully eligible for the post of Female Health Worker…..”

These judgments were followed in number of subsequent cases and a few of these are CWP No. 4628 of 2014 titled as Kiran Bala vs. State of H.P and another, decided on 03.07.2014, CWP No. 4630 of 2014 titled as Sunita Devi vs. State of H.P, decided on 03.07.2014, CWP No. 4440 of 2014 titled as Pooja Sharma vs. State of H.P. and another, decided on 31.07.2014 and CWP No. 4445 of 2014 titled as Apsara Kumari vs. State of H.P and another decided on 31.07.2014.

7. It is equally worth noticing that in all these judgments, neither the employer department nor the recruiting agency (SSC), had disputed the fact that the courses in B.Sc Nursing or GNM were higher in qualification than one & half year certificate course for Female Health Worker. These judgments attained finality and the petitioners therein were appointed as Female Health Workers.

8. Understandably, in this background, candidate with B.Sc. Nursing or GNM submitted their applications in response to advertisement. Some of them qualified written test and also participated in evaluation process/counselling.

9. Number of the candidates with B.Sc Nursing or GNM, by way of different Original Applications, approached the erstwhile H.P. State Administrative Tribunal on the premise that they had qualified the written examination held by the SCC in pursuance to the advertisement and had also participated in the subsequent evaluation process but were apprehensive that their candidature might be rejected on the ground that they were not possessing one-&-half year certificate course for the Female Health Worker. These petitions came to be regi