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2022 Supreme(Jhk) 63

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Vijay Lakshmi S – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (S) Nos. 1402, 2626 of 2021
Decided On : 13-01-2022

Advocates:
Advocate Appeared:
For the Petitioners: Ajit Kumar, Aprajita Bhardwaj, Kumari Saugandha, Amrita Sinha, Aditya Mohan Khandelwar.
For the Respondents: Darshana Poddar Mishra, Om Prakash Tiwari, Kumar Vaibhav, Anil Kumar Sinha, Saurav Arun, Abhay Prakash.

Headnote:

Bihar Nurses Registration Act, 1935 - section 8(1) - quashing of Advertisement - post of Registrar of the Council - petitioner did her General Nursing and Midwifery Course from Nalanda Medical College and Hospital, Patna in the year 1987-88. She was appointed on 4.10.1989 as Staff Nurse at Referral Hospital, Jahanabad. Thereafter, she was transferred to Mahatma Gandhi Medical College and Hospital, Jamshedpur and after bifurcation of existing State of Bihar, the service of this petitioner was allocated to the State of Jharkhand - In course of service, the petitioner completed her Diploma in Nursing Education and Administration (DNEA). By order contained in Memo No. 296 dated 29.9.2003, the petitioner was deputed on the post of Sister Tutor at Mahatma Gandhi Medical College & Hospital, Jamshedpur. Thereafter the petitioner completed the course of B.Sc (Post Basic) in Nursing. Vide memo petitioner was posted at General Nursing and Midwifery Training School, Jamshedpur. The petitioner worked on the post of Sister Tutor from the year - Held, It is well settled that where an executive action of the State is challenged, the Court must tread with caution and not overstep its limits. The interference by the Court is warranted only when there are oblique motives or there is miscarriage of justice. In the instant case, neither there is any oblique motive nor there any miscarriage of justice warranting interference by this Court. The selection process carried out by Jharkhand Nurses Registration Council was in accordance with law and after due deliberations in the meetings of the Council, respondent No. 5 (Mrs. Theyamma P.T.) was selected as per the terms and conditions of the advertisement after giving preference of higher qualification and experience, which does not attract any interference - writ petitions stand dismissed.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. Since common prayer has been made in both these writ petitions and as such, they have been heard together and are being disposed of by this common order.

3. In both these writ petitions, the petitioners pray for quashing of Advertisement No. 01/2021 (revised) issued under the signature of respondent no. 4 for the post of Registrar of the Council, as the same is not in consonance with Rule 3 of the Bihar Nurses Registration Council and is in teeth of the judgment rendered by this Court in W.P. (S) No. 2587 of 2020. Further prayer has been made to quash and set aside the Order No. 129/JNRC/2021-205 dated 27.5.2021, by which respondent no. 5 has been appointed on the post of Registrar, Jharkhand Nurses Registration Council.

Factual Matrix of W.P. (S) No. 1402 of 2021

4. Sans the unnecessary details, the relevant facts of the case are that on 15.1.1990, petitioner (Vijay Lakshi S) was appointed as Staff Nurse in Rajendra Medical College and Hospital (RIMS), Ranchi. The petitioner was selected for Basic B.Sc. Nursing Course for which Government authority accorded her the permission to pursue the said course for the year 2008-11. The petitioner worked as Clinical Instructor at RIMS in the year 2010-13. Thereafter, she was appointed as Nursing Superintendent at RIMS, Ranchi on 28.8.2014. In course of time, the petitioner was promoted as Sister Tutor on 19.9.2016 and transferred to Sadar Hospital. At present the petitioner is officiating as Principal-in-Charge, Auxiliary Nurses Midwife Training School, Sadar Hospital, Ranchi. On 12.2.2020, the Director-in-Chief, Health Services, Jharkhand issued a seniority list of Sister Tutor, wherein, the name of petitioner appears at serial no. 10 and that of private respondent no. 5 at serial no. 13.

Factual Matrix of W.P. (S) No. 2626 of 2021

5. The petitioner did her General Nursing and Midwifery Course from Nalanda Medical College and Hospital, Patna in the year 1987-88. She was appointed on 4.10.1989 as Staff Nurse at Referral Hospital, Jahanabad. Thereafter, she was transferred to Mahatma Gandhi Medical College and Hospital, Jamshedpur on 12.8.1992 and after bifurcation of existing State of Bihar, the service of this petitioner was allocated to the State of Jharkhand. In course of service, the petitioner completed her Diploma in Nursing Education and Administration (DNEA). By order contained in Memo No. 296 dated 29.9.2003, the petitioner was deputed on the post of Sister Tutor at Mahatma Gandhi Medical College & Hospital, Jamshedpur. Thereafter the petitioner completed the course of B.Sc (Post Basic) in Nursing. Vide memo no. 2210 dated 4.9.2012, the petitioner was posted at General Nursing and Midwifery Training School, Jamshedpur. The petitioner worked on the post of Sister Tutor from the year 2003 to 2016. Thereafter, the petitioner was promoted on regular post of Sister Tutor and was posted at Auxiliary Nurse Midwifery Training Centre, Chaibasa. At present, the petitioner is working on the post of Sister Tutor and has a teaching experience of 18 years. In the seniority list of Sister Tutor, name of petitioner appears at serial no. 9.

6. Petitioner (Vijay Lakshi S) has earlier filed W.P. (S) No. 2587 of 2020 for consideration of her candidature for appointment to the post of Registrar-cum-Secretary of the Jharkhand Nurses Registration Council, and for quashment of the order, whereby private respondent was given additional charge of the said post. This Court by order dated 23.2.2021 disposed of the said writ petition directing the official respondent nos. 1 to 3 to fill up the post of Registrar by publishing a fresh advertisement in terms of Clause 3 of the said Regulation and complete the entire selection process within a period of eight weeks. This Court also observed that if the post is not filled up within the stipulated period, the private respondent no. 6 shall not continue on the post of Registrar.

7. Thereafter the respondent-authorities i

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