1 2025:CGHC:1614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 94 of 2025 • Urmila Sahu W/o Shri Ajay Kumar Sahu Aged About 30 Years R/o Village Kevati, Post Kelhari, Block Manendragarh, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh through The Secretary, Department of Health and Medical Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2. The Dean, Rajmata Smt. Devendra Kumar Singhdeo Government Medical College, Ambikapur, District Surguja (Chhattisgarh). ... Respondent(s) For Petitioner : Mr. Anurag Verma, Advocate. For Respondent/State : Mr. Abhishek Gupa, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and direct the Digitally signed by RAGHVENDRA JAT 2 respondent No. 2 to include the name of the petitioner in the list of OBC category for appointment on the post of Staff Nurse. 10.2 This Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and direct the respondent No. 2 to decide the petitioner's application dated 17.12.2024 and issue appointment, order in favour of the petitioner on the post of Staff Nurse under the OBC category. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper, in the aforesaid facts and circumstances of the case.” 2. Brief facts of the case, is that, respondent No. 2 had issued appointment order dated 10.04.2021, whereby, the petitioner was granted appointment on the post of Staff Nurse, in which, the name of the petitioner is mentioned at Serial No. 124 as OBC-1. However, on account of health reasons, she could not join on the said post at the relevant point of time. Thereafter, the aforesaid selection process was under challenge before this Hon'ble Court by the other candidates, as such the selection process was not completed and after passing of order by this Hon'ble Court in such writ petitions, i.e. WP(S) No. 849/2022, WP(S) No. 833/2022 & WP(S) 960/2022, the office of the respondent No. 2 has initiated proceeding for appointment on the post of Staff Nurse and issued notice on 29.11.2024, in which, the petitioner's name does not reflect in the list of OBC candidates though her name was on the top position under the OBC category as OBC-1 in the appointment order dated 10.04.2021. Therefore, the petitioner made objection before the respondent No. 2 to include her name in the list of OBC category, which is still pending before the respondent No. 2. 3 3. Learned counsel for the petitioner submits that the petitioner was selected on the post of Staff Nurse and accordingly order dated 10.04.2021 was issued, however, the petitioner has suffered miscarriage therefore she could not join her posting place. The further grievance of the petitioner is that some of the petitioners have moved petition who have not been selected and have prayed that they may be given preference on the vacant post of the Staff nurse and if the other persons/ petitioners will be considered than the right of the petitioner would be affected. In pursuance of the appointment orders being issued the petitioner came to know that the proceeding of appointment are still going on as such she has moved an application before the authorities concerned i.e. (Annexure P/5) and (Annexure P/6). However, till date it has not been considered. 4. On the other hand, learned counsel for the State opposes the prayer made by the petitioner. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the aforesaid aspect of the matter, the respondent authorities, especially, respondent No. 2 is directed to consider the case of the petitioner. Looking to the fact, that the petitioner has already been appointed vide order dated 10.04.2021. However, due to her personal problem (illness due to miscarriage) she could not join as per her appointment order and as such the respondent No. 2 is directed to pass an appropriate order within a period of three weeks, in the facts and circumstances of the case. 7. The petitioner is directed to move appropriate application along with this order for appraising the authorities about passing of this order and for necessary compliance. 8. With this observation and direction, the instant petition stands 4 disposed of. 9. C.C. today. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat