07 Apr 2121

Appoitment of nurses is on the basis of their working tenure, which is not upto the date of examination - Bombay High Court

Case : Sayyed Hinabanu Sharfoddin & Ors. v. State of Maharashtra Writ Petition No. 12027 of 2019 With Writ Petition No. 12903 of 2019

Court : Bombay High Court

Bench : Justice Ujjal Bhuyan & Justice M. G. Sewlikar

Decided on : 07 Apr 2121

Relevant Statutes

NA

Brief Facts & Procedural History

1. Petitioners are the two nurses who are qualified in GNM course and are registered with the Maharashtra Nursing Council. They were not allowed by the Maharashtra Government to continue their services. Against such Order of the Maharashtra Government, petitioners approached the High court to issue orders in the interest of justice.

Issue of the Case

Whether nurses are eligible for Special Handwritten Examination or further extension?

Observations of the Court

1. The Honourable Bombay High Court after looking into the matter, came to the conclusion that this issue has been decided by a division bench of Bombay High Court on 06.10.2020 and referred to the relevant portion of that judgment and pointed out that:

2. By the government resolution dated 28-06-2019, it was made clear that the government has decided to recruit those nurses who were working till 15-04-2015 and no requirement is made with respect to their working tenure will the date of Special Examination and from the affidavits filed by the government, it is also construed that government resolution is passed with the purpose of recruiting those nurses who worked from 01-01-2012 to 15-04-2015. And those who are appointed on an ad-hoc or contractual basis and were demanding for further continuation, then, in that case, it is the sole discretion of respondents.

The Decision Held by the Court

A fresh Special Written Examination should be conducted by respondents within a period of 2 months.

Click here to view/download the judgement >