ASTHA GANGA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL AND HEALTH DEPTT. LKO. AND 3 OTHERS
WRIA/7587/2025 · 2025-07-23
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151135 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42098 Court No. - 5 Case :- WRIT - A No. - 7587 of 2025 Petitioner :- Astha Ganga Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Deptt. Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Dwivedi,Anil Kumar,Anurag Pandey Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State and Shri Shubham Tripathi, learned counsel appearing for respondents No.2 to 4.
2. Under challenge is the order dated 15.03.2025, a copy of which is annexure-1 to the petition, whereby upon an application having been moved by the petitioner on the portal of Hon'ble Chief Minister regarding declaration of her result for the post of Nursing Officer, the respondents have informed that as the petitioner does not fulfill the qualification which was to be fulfilled by 01.01.2024 consequently her application has been rejected.
3. Bereft of unnecessary details facts of the case as set forth by the
learned counsel for the petitioner are that an advertisement was issued by the respondents-S.G.P.G.I., a copy of which is Annexure-2 to the petition, inviting applications for filling in various posts including the post in question namely the post of Nursing Officer. 4. The essential qualification and experience was to be fulfilled by the candidates as on 01.01.2024. 5. The petitioner considering herself eligible for the post of Nursing Officer had applied, her result was declared and upon she being called for document verification, it transpired that the qualification of B.Sc Nursing which was required to be possessed by the petitioner as on 01.01.2024 is not possessed by her with the result that she has not
been appointed. 6. The argument of the learned counsel for the petitioner is that course completion certificate of the petitioner of B.Sc. Nursing, a copy of which is annexure-6 to the petition, indicates that the petitioner has completed the prescribed course as per requirements governed by the Indian Nursing Council, New Delhi on 30.12.2023 i.e. prior to 01.01.2024 and thus it is contended that the respondents have patently erred in not holding the petitioner as a selected candidate. 7. On the other hand, Shri Shubham Tripathi, learned counsel appearing for respondents No.2 to 4 argues that a bare perusal of the result of the petitioner, a copy of which has been filed as part of Annexure-6 to the petition (Page 55), would indicate that the date of declaration of result is 05.02.2024, which is subsequent to the date of 01.01.2024 as prescribed in the advertisement and consequently once the petitioner did not possess the qualification as on the said date i.e. 01.01.2024, the respondents have not erred in not holding the petitioner as a successful candidate. 8. Having heard learned counsels for the contesting parties and perusal of record, it emerges that the advertisement that had been issued by the S.G.P.G.I., so far as it pertains to various posts and post of Nursing Officer in particular, to which the instant dispute pertains to, required fulfilling of all qualification as on 01.01.2024. 9. Admittedly, result of the petitioner has been declared on 05.02.2024 as would be apparent from perusal of the result. Thus, it is only after declaration of result that a person can be said to be a holder of a particular degree. 10.
Once the date of 01.01.2024 was fixed for the purpose of a person fulfilling the qualification and admittedly the result having been declared on 05.02.2024 consequently it is only on 05.02.2024 that the
petitioner can be said to be possessed of the qualification of B.Sc. Nursing. Thus once the petitioner did not possess the said qualification on 01.01.2024, the respondents have been correct in not declaring the petitioner as a selected candidate for the post of Nursing Officer. 11. Keeping in view the aforesaid discussion, no case for interference is made out. The writ petition stands dismissed.
Order Date :- 23.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench