1 CGHC010100282021 2026:CGHC:29472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2394 of 2021  Tulsi Bhaskar D/o Lal Das Bhaskar Aged About 30 Years R/o Minimata Nagar Ward No. 5 Navapara Pandariya, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Health Indrawati Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Director Department Of Health, Third Flour Indrawati Bhavan Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector Mungeli District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh 4. Chief Medical Officer Mungeli, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Reena Singh, Advocate For Respondents : Mr. T.L. Bareth, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 13.7.2026 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 That may kindly call for the entire records pertaining to subject matter of the instant petition with kind perusal of this Hon'ble Court. 2 10.2 A writ and/or an order in the nature of writ of appropriate nature kindly do issue to the respondents authority and clarify/modify the notice dated 19.01.2021 (Annexure P/5) and considered the appointment of the petitioner on the post of Auxiliary Nurse Midwife (A.N.M.) for District- Mungeli in the fact and circumstances of the case. 2) Learned counsel for the petitioner submits that pursuant to advertisement dated 14.8.2020 issued by Directorate of Health Services for appointment to the posts of Auxiliary Nurse Midwife (ANM) and Multi Purpose Worker in various districts, petitioner, who belongs to Scheduled Caste category submitted her application for the District Mungeli. She further submits that final result was published on 17.12.2020 and name of petitioner appeared at S. No. 1 in Wait List of Scheduled Caste category. She contends that since one post is lying vacant and petitioner approached this Court before expiry of wait list, respondent authorities should have considered the claim of petitioner. She further contends that earlier, an order was passed in WPS No. 3951 of 2020 to keep two posts vacant therefore name of petitioner could not be considered but said petition has already been withdrawn by candidates. She argues that a direction may be issued to the respondent authorities to consider the candidature of petitioner for appointment to the post of Auxiliary Nurse Midwife (ANM) under Scheduled Caste category since the post is lying vacant 3) On the other hand, learned State counsel submits that petitioner has no right to claim appointment and period of validity of wait list 3 has already expired therefore this petition deserves to be dismissed. 4) Heard. 5) Pursuant to advertisement dated 14.8.2020, petitioner applied for the post of Auxiliary Nurse Midwife (ANM) under Scheduled Caste category in Mungeli District. She participated in the recruitment process and secured first position of Wait List of Scheduled Caste category. Petitioner has preferred this petition on 26.3.2021 before expiry of wait list. On affidavit, State Government has stated that one post of Auxiliary Nurse Midwife under Scheduled Caste category is lying vacant. 6) Taking into consideration the above-discussed facts, this petition is hereby being disposed directing the respondent authorities to consider the candidature of the petitioner for appointment to the post of Auxiliary Nurse Midwife. Petitioner would also be at liberty to make a representation along with a copy of this order before respondent No. 4, who in turn is directed to take appropriate decision preferably within period of 90 days from the date of receipt of copy of such representation. 7) With the aforesaid observation and direction, this petition stands disposed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.07.14 17:40:55 +0530