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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJEEV KUMAR, J.
Hanifa Deva & Ors. – Appellant
Versus
Director SKIMS – Respondents
WP(C) No. 1623 of 2021
Decided on : 05-07-2022
CLASSIFICATION - PROMOTION CRITERIA - Article 14, Article 16, Sheri-Kashmir Institute of Medical Sciences Subordinate Services Recruitment Rules 1998 - The court examined the legality of classifying staff nurses based on educational qualifications for promotion, affirming that such classification is permissible under Articles 14 and 16 of the Constitution. The court emphasized that reasonable classification must have a rational nexus to the objective of the classification, which in this case was to ensure efficient discharge of duties in higher posts. The court upheld the modified recruitment rules requiring B.Sc Nursing/M.Sc Nursing for promotion to Senior Staff Nurse, finding no violation of constitutional rights.
Fact of the Case:
The petitioners, serving as Staff Nurses at SKIMS for 27 years, challenged a government order that modified recruitment rules to require a B.Sc Nursing/M.Sc Nursing for promotion to Senior Staff Nurse, arguing it violated Articles 14 and 16 of the Constitution.
Finding of the Court:
The court found that the classification based on educational qualifications for promotion was permissible and did not violate Articles 14 and 16. It held that the requirement of higher qualifications was rationally connected to the duties of the higher post.
Issues: Whether the classification based on educational qualifications for promotion offends Articles 14 and 16 of the Constitution of India.
Ratio Decidendi: The court reiterated that reasonable classification is allowed under Articles 14 and 16, provided it is not arbitrary and has a rational nexus to the objective sought. The requirement of higher qualifications for promotion is justified for maintaining efficiency in service.
Final Decision: The court dismissed the petitions, affirming the validity of the modified recruitment rules requiring higher educational qualifications for promotion.
JUDGMENT :
SANJEEV KUMAR, J.
1. Whether the classification made on the basis of educational qualification for promotion offends Article 14 and 16 of the Constitution of India, is the precise question that falls for consideration in these two writ petitions.
2. Briefly put, the facts leading to filing of these two writ petitions are that the petitioners are serving in the Sheri-Kashmir Institute of Medical Sciences Soura, Srinagar (SKIMS) as Staff Nurses. They claim to have rendered their services as Staff Nurses for last 27 years. Admittedly, all of them, at the time of their appointment, were matriculates and possessing three years diploma in General Nursing and Midwifery. It is the case of the petitioners that right from the date of their appointment till 1998, there were no recruitment rules issued by the respondent Institute. It was only on 22.05.1998, that the respondents promulgated the Sheri-Kashmir Institute of Medical Sciences Subordinate Services Recruitment Rules 1998 (for short "Rules of 1998").
3. As per Rule 5 of the Rules of 1998, no person was eligible for appointment or promotion to any post in any class, category or grade in the service unless he possessed the qualification as laid down in Schedule 'II' of the Rules. Intentionally or for the reasons best known to the petitioners, Schedule II appended with the Rules of 1998 is not annexed with the writ petitions.
4. Be that as it may, the grievance of the petitioners is now directed against Government order No. 75-SKIMS of 2014, dated 24.10.2014 by virtue of which in partial modification to Government orders issued from time to time, sanction was accorded to the modification of recruitment rules for various categories of staff working in the Institute as detailed in the Annexure "A" appended with the aforesaid Government Order. So far as the post held by the petitioners is concerned, the same figures at S.No. 7 of Annexure "A". The post is now provided to be filled up 100% by promotion from Staff Nurse possessing B.Sc nursing/M.Sc nursing from amongst persons having at least 05/02 years service respectively. The next promotion as per the amended recruitment rules is to the post of Senior Staff Nurse which figures at S.No. 06 of the Annexure "A" appended to the impugned Government Order. It provides the post of Senior Staff Nurse is to be filled up 100% by promotion from Staff Nurses possessing B.Sc Nursing or M.Sc Nursing. For facility of reference, the relevant extract of the impugned Government order alongwith annexure "A" is reproduced hereunder:-
| "GOVERNMENT ORDER NO. 75-SKIMS OF 2014 DATED: OCTOBER 24, 2014 In partial modification of Government Orders referred to above, and any other order issued regarding the subject, sanction is hereby accorded to the modification of recruitment rules for various categories of staff (Gazzetted /Non-Gazetted/Technical and Supportive) as detailed in Annexure-A to this order. It is further ordered that the Selection Committee while considering the selection of the eligible employees for promotion to the next higher posts shall recommend the eligible employees on the basis of Grading of APR'S and, Performance in interview besides the Selection Committee for selection of promotional staff for Gazetted positions shall be assisted by two external experts. Annexure "A" | ||
| S. No. | Name of the Post | Recruitment Criteria |
| 6. | Sr. Staff Nurse 9300-34800+4600 | 100% by promotion from staff Nurse (9300--34800+4300) possessing B.Sc Nursing/M.Sc from amongst persons having 05/02 years service respectively. |
| 7. | Staff Nurse 9300-34800-4300/9300-34800+4260 | 100% by direct recruitment in the grade of 9300-3400+4260 from amongst persons possessing B.Sc Nursing/Post Basic Nursing. Higher grade of 9300-34800+4300 to be released after 5 years service in the grade of 9300-43800+4260. |
5. It is this prescription of minimum qualification of B.Sc Nursing provided for promot
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