Contract service before regularization counts as part of minimum five years service for in-service quota admission and study leave entitlement under prospectus and CCS Leave Rules, per binding precedents.

JUDGMENT :

Vivek Singh Thakur, J.

Issue involved in both these petitions is identical in nature, which is to be adjudicated on the basis of common question of facts and law and, therefore, these are being decided by this common judgment.

2. At the very outset, learned counsel for the petitioners submit that for the purpose of adjudication of their claims in present petitions, they are not pressing first prayer made in Clause (1) of the prayer for declaring the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (in short ‘2024 Act’), ultra vires of the Constitution of India, but by reserving their right to assail the validity of the said Act in separate proceedings, if required so.

3. It is undisputed that petitioners were selected and recruited by the respondent/State in Health Department as Staff Nurses through a process undertaken by Himachal Pradesh Service Selection Board, Hamirpur, in the year 2016 and consequently, in December 2016, they were appointed in various institutions, but on contract basis.

4. Vide order dated 29.06.2020, services of petitioners were regularized, as evident from Annexure P-2 in both petitions.

5. In 2025, respondent No. 3, Atal Medical & Research University, Himachal Pradesh issued a prospectus for admission to M.Sc Nursing Entrance for academic session 2025-2026 for female candidates inviting applications for admission to two years M.Sc Nursing Entrance Test, 2025 (Annexure P-3).

6. Time for submission of online application form with final transaction of fee was from 24.05.2025 to 30.05.2025.

7. The seats in M.Sc. Nursing course were divided into two categories, i.e., in-service quota seats and direct quota seats.

8. For in-service quota seats, eligibility and other relevant conditions were as under:-

(Chapter 2)

ELIGIBILITY, EDUCATIONAL QUALIFICATIONS AND OTHER CONDITIONS.

2.1... Admission to M.Sc. Nursing Degree course shall be made on the basis of merit of the Entrance Test to be conducted by the AMRU for which female candidates are eligible subject to fulfillment of the following conditions:

2.1.1. The candidates should be registered as registered Nurse/Midwife/(RN/RM) B.Sc/Post Basic B.Sc Nursing with H.P State Nurses registration council Shimla/any State Nursing Registration council at the time of admission.

2.1.2. The candidates should be B.Sc. Nursing/Post Basic B.Sc. Nursing /B.Sc Hons. Nursing trained from the recognized Institutions not less than 55% aggregate marks.

2.1.3. Minimum one year of work experience prior or after Post Basic B.Sc. Nursing and after B.Sc. Nursing from the date of registration. A certificate of work experience will be required to be uploaded at the time of application for M.Sc. Nursing course.

2.2... For In-Service Quota Seats:

2.2.1 In-service quota seats are to be filled up by in- service regular appointed Nursing Cadre candidates of Govt. of H.P. subject to fulfillment of the condition as laid down under Chapter 11 of the prospectus. However, adhoc & contractual appointees including appointees of Rogi Kalyan Samities will also be considered under this quota subject to fulfillment of the condition as laid down under chapter 11 of the prospectus. The candidates must have completed minimum 5 years service