Page 1 WP(C) no.754/2021 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) no.754/2021 Reserved on: 16.12.2024 Pronounced on: 13.02.2025 Shazia Mushtaq and others …….Petitioner(s) Through: Mr Mir Manzoor, Advocate Versus Union Territory of J&K and others ……Respondent(s) Through: Mr Bikramdeep Singh, Dy.AG CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE JUDGEMENT 1. Respondents are sought to be directed to allow petitioners to join as per selection the Six Months’ Certificate Programme in the Community Health for Ayurvedic Graduates/Unani Graduates and B.Sc. or GNM Nursing for Session January 2021. They also pray to direct respondents to allot Programmes Study Centers to the petitioners. 2. Reply has come on behalf of respondents. 3. I have heard counsel for parties and considered the matter. 4. Advertisement Notice dated 21st December 2020 was issued by Mission Director, National Health Mission, J&K – respondent no.2, inviting applications from eligible candidates for admission to six months Certificate Programme in Community Health for Ayurvedic Graduates/ Unani Graduates and B.Sc. or GNM Nursing for Session January 2021. Page 2 WP(C) no.754/2021 The course was to be conducted through IGNOU. It was made clear in Advertisement Notice that “inservice Regular/Contractual candidates would not be allowed to apply”. 5. Petitioners herein also responded to aforesaid Advertisement Notice and appeared in written examination. A provisional select list was issued, in which petitioners also figured. They were asked to submit all original documents. Thereafter, respondents issued a Notice for admission in CPCH January 2021 Session through IGNOU, making allotment of Programme Study Centre of provisionally selected BAMS/Nursing candidates for undergoing Certificate Programme in Community Health (CPCH), but in the said Notice petitioners are not figuring. 6. According to respondents, petitioners have applied for aforesaid training course in concealment of the material facts with regard to their status of employment in contravention of the terms and conditions of Advertisement Notification dated 21st December 2021. 7. In Advertisement Notification dated 21st December 2021, it has been in clear cut terms stipulated that “in-service regular/contractual candidates are not allowed to apply”. 8. A reference has been made to the Order dated 19th December 2019, passed by a Bench of this Court in SWP no.1200/2018 titled as Afroza Bano and others v. State of J&K and others, in which it was stated therein that staff nurses working in NHM could not be permitted to undergo Six Months’ Programme as it would compromise health care in the institutions where those staff nurses were working and it had been keeping in view the said aspect into consideration that in advertisement Page 3 WP(C) no.754/2021 notice it was specifically provided that inservice staff nurses would not be eligible to apply for the course. This Court held that the condition stipulated in the notification by respondents excluding inservice employees was reasonable and had nexus with the object sought to be achieved and that the said condition could not be said to be arbitrary or violative of Article 14 and 16 of the Constitution. In such circumstances, the contention of petitioners, in the present case, that inservice candidates for selection to the programme in question cannot be excluded as it would amount to violation of the Constitution, is misconceived in view of the law laid down in Afroza Bano (supra). As a consequence of which writ petition is liable to be dismissed. 9. For the reasons discussed above, instant writ petition is without any merit and is, accordingly, dismissed. (Vinod Chatterji Koul) Judge Srinagar 13.02.2025 Ajaz Ahmad, Secretary Whether approved for reporting? Yes/No.