Page No.# 1/7 GAHC010087872024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2359/2024 YOGENDRA SINGH CHAUDHARY S/O KANHAIYA LAL R/O 103/59 SECTOR-10, PRATAP NAGAR, SANGANER, JAIPUR, RAJASTHAN, PIN CODE- 302033 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, BLOCK D, GROUND FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006. 2:NATIONAL HEALTH MISSION ASSAM REPRESENTED BY THE MISSION DIRECTOR SAIKIA COMMERCIAL COMPLEX SR NAGAR PATH NEAR POST OFFICE BUS STAND GS. ROAD CHRISTIANBASTI GUWAHATI ASSAM PIN-781005 3:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM Page No.# 2/7 SAIKIA COMMERCIAL COMPLEX SRI NAGAR PATH NEAR POST OFFICE BUS STAND G.S. ROAD CHRISTIANBASTI GUWAHATI ASSAM PIN-78100 Advocate for the Petitioner : MR. FIRUZ KHAN, P. NATH,DR AZIZ KHAN,MR U CHAUDHURY,MR. ABHIJIT MENA Advocate for the Respondent : SC, HEALTH AND F W, SC, NHM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 03.04.2025 Heard Mr. F. Khan, learned counsel for the petitioner and Ms. A. Borah, learned Standing Counsel, NHM for the respondents. By filing this writ petition, the petitioner has sought for setting aside the Speaking Order dated 10.04.2024 (Annexure - 14) and for a direction to the respondent authorities to appoint him to the post of Community Health Officer (CHO) under the National Health Mission, Assam. [2.] Brief facts of the case according to the petitioner is that an Advertisement was floated by the NHM, Assam on 13.07.2023 inviting eligible applicants for filling up 699 posts of CHO. The petitioner responded to the said Advertisement and was provisionally shortlisted for document verification to be held on 8th & 9th of Page No.# 3/7 November, 2023. The petitioner was placed at Serial No. 792 and was to appear before the authority concerned on 09.11.2023. On the date fixed, the petitioner appeared with all his documents but he was not shortlisted for counselling. The petitioner had applied for registration under the Assam Nurses’ Midwives’ and Health Visitors’ Council on 08.11.2023 and therefore, he was informed that once he got the transfer of his registration under the Assam Nurses’ Midwives’ and Health Visitors’ Council, he should submit the same. However, since the process of transfer took some time, the petitioner was not shortlisted for counselling and subsequently, after he received the Certificate of Transfer, he submitted the same before the respondent authorities on 26.04.2024 with a representation but however, vide the impugned Speaking Order, his application was rejected. [3.] The learned counsel submits that the petitioner is otherwise qualified in terms of the Advertisement since he completed B.Sc Nursing from a recognized Institute and also registered under the Rajasthan Nursing Council as a Nurse as well as Midwife. Only requirement under the circumstance was to get his registration transferred under the State of Assam, which he did but since the process took some time, his case was rejected vide the said Speaking Order. The learned counsel submits that in other States like State of Uttar Pradesh, there is a clear provision which enable the selected candidates to produce the registration from the State of U.P within a period of 90 days after joining the post. He submits that the Page No.# 4/7 last date for submission of application online was 31.07.2023 whereas, the date of Advertisement was 13.07.2023. Therefore, the respondent authorities have given only 18 days time to submit the required documents, which under no circumstance can be said to be reasonable or justifiable. [4.] The learned counsel submits that unless the petitioner has some sort of assurance that he is likely to secure his appointment to the post of CHO, seeking of transfer of his registration would be a futile exercise in the event he is not selected to the post. The learned counsel submits that since it is not a case that the petitioner does not possess the qualification or the registration but only a question of not being registered under the Assam Nurses’ Midwives’ and Health Visitors’ Council and that the petitioner having ultimately being issued such registration on 21.02.2024, the respondents should be directed to consider the case of the petitioner for appointment to the post of CHO. [5.] The learned counsel also submits that out of the 453 candidates shortlisted for counselling, all the candidates have been selected and appointed which therefore shows that the same is only a formality. He thus submits that the petitioner may be granted the relief as prayed for. [6.] Ms. A. Borah, learned Standing Counsel, NHM on the other hand submits that the Advertisement was floated on 13.07.2023 whereas the petitioner applied for Page No.# 5/7 transfer of his registration to Assam Nurses’ Midwives’ and Health Visitors’ Council only on 08.11.2023. The Advertisement clearly stipulates the last date of submission of online application with all required documents was 31.07.2023 but the petitioner failed to adhere to the stipulation and for which, he cannot blame the respondents for rejection of his candidature. She submits that the document verification was held on 8th & 9th of November, 2023 and the counselling was held on 2nd February, 2024. Pursuant thereto, Engagement Order were issued on 05.03.2024 after the counselling was over and therefore, no case has been made out by the petitioner for granting the relief he has prayed for. She therefore submits that the writ petition has no merit and the same should be dismissed. [7.] I have heard the submissions made by the learned counsels for the rival parties and I have perused the materials available on record. The Advertisement dated 13.07.2023 amongst others stipulates B.Sc (Nursing)/Post Basic B.Sc Nursing passed from a Nursing institution/University recognized by Indian Nursing Council/Assam Nurses’ Midwives’ and Health Visitors’ Council. Further, it stipulates that a candidate must be a Registered Nurse Registered Midwife from Assam Nurses’ Midwives’ and Health Visitors’ Council. The petitioner in the instant case has secured B.Sc Nursing from Saint Florence College of Nursing, Jaipur which is under the Rajasthan University of Health Sciences, Jaipur and has successfully passed the said course. The petitioner also got himself registered as Nurse and Page No.# 6/7 Midwife under the Rajasthan Nursing Council and for which, a Certificate to that effect was issue to him on 07.09.2021 with the validity upto 31.12.2025. Therefore, going by the stipulation of the Advertisement, the petitioner indeed is qualified to be considered for appointment of CHO except the fact that the registration is not under the Assam Nurses’ Midwives’ and Health Visitors’ Council. [8.] As already stated, the petitioner was shortlisted for document verification and was called by the respondent authorities on 09.11.2023. Before the said verification, the petitioner admittedly applied for transfer of his registration in the Assam Nurses’ Midwives’ and Health Visitors’ Council on 08.11.2023. The same was however issued to him only on 21.02.2024. As already noticed, since it is not a case that the petitioner is not a qualified candidate in terms of the stipulation of the Advertisement but it is only in respect of the place of his registration in the Nursing Council. Therefore, this Court is of the considered view that the petitioner deserves to be considered for appointment as CHO. Accordingly, the Speaking Order dated 10.04.2024 is hereby set aside. The respondents are directed to consider the petitioner for appointment to the post of CHO by taking into consideration his educational qualification and registration secured under the Assam Nurses’ Midwives’ and Health Visitors’ Council on 21.2.2024. Such consideration should be done within a period of 30 days from the date of receipt of a certified copy of this Order. Page No.# 7/7 [9.] Writ petition accordingly stands disposed of as allowed. No cost. JUDGE Comparing Assistant