Once a candidate is allowed to participate in a selection process, they cannot be denied appointment on the basis of an expired registration, particularly under exceptional circumstances like a pandemic.

Judgment :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Mode.

2. Heard Mr. A.K. Pandey, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The present writ petition has been filed inter alia with the following prayer:-

“The petitioner therefore humbly prays that your lordship may graciously be pleased to admit this writ application issue a RULENISI calling upon the opposite party to show cause as to why the petitioner shall not be appointed as a Nursing Officer in respect of Jagatsingpur district as she fulfils all the criteria of appointment. If the opposite parties failed to show cause or show cause or shown any insufficient cause the rule may be made absolute against the opposite parties.

And

May pass any other order/ orders, direction /directions as this Hon’ble Court be deemed fit and proper.

And

And for which act of your kindness the petitioners as in duty bound shall ever pray.”

4. Learned counsel appearing for the Petitioner contended that basing on the advertisement issued by Opp. Party No. 1 on 04.12.2020 inviting application to fill up the post of Nursing Officer, Petitioner made the application on 30.12.2020 under Annexure-2. While accepting the application so submitted by the Petitioner, Petitioner was issued with the provisional admission letter vide Annexure-3 and after taking the written test, she came count successful and in the notification issued vide order dtd.30.05.2021 under Annexure-4 by Opp. Party No. 4, Petitioner’ name was reflected at Sl. No. 75.

4.1. It is contended that thereafter vide notice dtd.02.08.2021 under Annexure-5, Petitioner was directed to appear for document verification on 06.08.2021. It is contended that in terms of the notice issued on 02.08.2021, Petitioner appeared on 06.08.2021 for verification of her document. But only on the ground that the registration certificate issued by the Odisha Nurses & Midwives Registration Council so available under Annexure-6 series since has lost its validity, Petitioner was not provided with the appointment even though, she was duly selected and found eligible vide office order dtd.30.05.2021 under Annexure-4.

4.2. Learned counsel appearing for the Petitioner contended that after passing her the required examination, Petitioner registered her name before the Odisha Nurses & Midwives Council, with issuance of the certificate of registration on 14.08.2015 under Annexure-6 series. It is contended that such a certificate remains valid for a period of 5 years as per the guidelines issued by the Council. However, by the time the period of 5 years expired, since the entire World was suffering from Covid-19, Petitioner could not make necessary application for renewal of the same. Guideline of the Council reads as follows:-

“In general all registration certificate are valid for a period of 5 (five) years.”

4.3. However, on the face of the stipulation contained in the advertisement vide Para 3(viii), Petitioner was not only allowed to participate in the selection process but also, she came out successful in the written examination and was provisionally appointed vide order dtd.30.05.2021 under Annexure-4. But only on the ground that her registration certification initially issued on 14.08.2015 so available under Annexure-6, has expired w.e.f.13.08.2020 and in terms of Para 3(viii) of the advertisement the same being not valid, Petitioner was not provided with the order of appointment.

4.4. Learned counsel appearing for the Petitioner contended that since the 5 year period expired during Covid-19 i.e. on 13.08.2020, Petitioner could not make necessary application to get the same renewed. However, on coming to know t