1 2025:CGHC:10117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4286 of 2016 1 - Veenus S S/o Shri Somasekhara Pillai, Aged About 42 Years R/o C/o Onkar S. Kashyap, Krishna Nagar Deourikurd, Near Gyanganga School, Bilaspur Chhattisgarh., Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare Services, Mahanadi Bhawan, New Raipur Chhattisgarh, Chhattisgarh 2 - Director, Directorate Of Health Services Third Floor Block A, Indravati Bhawan, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Joint Director, Directorate Of Health Services, New Composite Building Collectrate Campus Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Controller, Chhattisgarh Professional Examination Board, Pensionwada, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Chairman Counsel Of Nursing, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 - Collector, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Ajay Kumar Barik, Advoate For Respondents/State : Mr. Abhishek Singh, Panel Lawyer For Respondent No. 4 : Ms. Shriyadeep Gupta, Advocate on behalf of Mr. Animesh Tiwari, Advocate SB: Hon'ble Shri Justice Sachin Singh Rajput Order on Board SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 28/02/2025 1. The case is listed in default and the same is ignored. 2. With the consent of the parties, the case is heard finally. 3. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1. That, this Hon'ble Court may kindly be pleased to quasht the impugned order dated 04.08.2016 passed by the Respondent No. 3 (Annexure P/1). Which is bad and unconstitutional. 10.2 That, this Hon’ble Court may kindly be pleased to direct respondent authorities to select the petitioner in the category of Ex-Army Men in General Category for the post of Staff Nurse. 10.3 That, any other relief, which may be deemed, fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.” 4. The facts of the case which emerges from the pleadings is that and advertisement dated 14.03.2016 (Annexure P/2) was published by the Respondent No. 2 inviting applications for appointment on the post of Staff Nurse. In lieu of that, the petitioner has filled the form and have also cleared the written examination. Subsequently, the petitioner was found ineligible by the respondent authorities and therefore, his candidature was not considered. 5. Learned counsel for the petitioner submits that the rejection of the candidature of the petitioner in the light of the result dated 14.08.2016 (Annexure P/4) is bad in law. The petitioner should have been considered for appointment as he had cleared the 3 written examination for the post of Staff Nurse and he was wrongly placed in the list of ineligible candidates. He also submits that the petitoner has moved an application i.e. 02.08.2016 (Annexure P/7) before the concerned authorities, however, the same has not been considered by the respondents. Therefore, the impugned order is arbitrary and the writ petition may be allowed in favour of the petitioner. 6. On the other hand, learned counsel for the Respondents opposing the submission made by the counsel for the petitioner submits that the petitioner is not having a live registration certificate in the Chhattisgarh Nursing Council which is a mandatory condition for appointment/selection as prescribed in the advertisement (Annexure P/2). Since, the petitioner was not holding the the requisite eligibility as prescribed in the advertisement, therefore, he was place in the list of ineligible candidates and the impugned communication/order dated 04.08.2016 does not require any interference by this Court. 7. I have heard learned counsel for parties and perused the documents available in record with utmost circumspection. 8. From perusal of the records, it appears that an advertisement was issued inviting applications for appointment on the post of Staff Nurse. In the academic qualifications para, it has been specifically mentioned that the candidates should have been registered in the Chhattisgarh Nursing Council as Nurse. The Condition No. 8 of General Rule of Conditions also clearly envisages this fact. 4 9. Admittedly, the present petitioner is not having a live registration with the Chhattisgarh Nursing Council and therefore, he was placed in the list of ineligible candidates. This fact has also not been disputed by the counsel for the petitioner as also, the said condition put in the advertisement has not been challenged by the petitioner herein and the right to accept the candidature lies in the domain of the respondents in light of the advertisement dated 14.03.2016 (Annexure P/2). Therefore, this Court does not find any irregularity or infirmity in passing of the impugned order/communication dated 04.08.2016 (Annexure P/1) by the respondent authorities. 10. Accordingly, this petition being sans merit is liable to be and is hereby dismissed. 11. Certified copy as per rules. Sd/- Sd/- (Sachin Singh Rajput) Judge Dey