Decided on May 08,2018

Jitendra Kumar Gupta And Ors. Appellant
State of M.P. and Others Respondents


VANDANA KASREKAR,J. - (1.) Petitioners have filed the present petition challenging the orders dated 01.10.2015 and 07.01.2016 passed by the respondents No. 5 and 6. The petitioners were appointed on the post of Male Staff Nurse after facing the due selection process in the year 2009-2010, however their services were terminated on 11.04.2011 on the ground that services of the petitioners are not required. In the present case, the State Government issued an advertisement for inviting application from woman candidate for appointment on the post of Staff Nurse and the male Staff Nurse were not permitted to apply. The said condition of the advertisement was challenged in W.P. No. 10550/2010 (Sajid Khan v. State of M.P.) before this Court. This Court has allowed the said writ petition and set aside the condition of 100% reservation in favour of woman candidate. Petitioners, therefore, stated that after judgment passed by this Court, the respondents should not have terminated the services of male Staff Nurse only.
(2.) The petitioners further submit that after the judgment passed in the said writ petition, the petitioners have been permitted to join, however all others candidates are still continued. A writ appeal was preferred against the order passed in writ petition and the said W.A. No. 182/2011 was also dismissed vide order dated 18.05.2012, thereafter various writ petitions were filed in different Benches of the Hon'ble High Court and in the said writ petitions the order of termination was set aside and a direction was issued to consider the claim of the petitioners for their appointment on the post of Staff Nurse. One of such petition is being W.P. No. 2945/2011, which was filed before Gwalior bench and similar W.P. No. 8982/2011 was filed before Indore Bench and the Indore Bench of this Court has passed an order dated 04.05.2012 directing the respondents to reinstate the male Staff Nurse and permit them to continue the work until the scheme is in existence. The petitioners also filed W.P. No. 4000/2011 at Gwalior Bench, whereby an order was passed to consider the case of the petitioner in the light of the judgment passed in W.P. No. 2945/2011. As the order passed by this Court was not complied with, therefore, the petitioners have filed Contempt Petition No. 898/2015. After filing the contempt petition, the respondents have passed an order dated 07.01.2016, thereby rejecting the claim of the petitioners for appointment.
(3.) The learned counsel for the petitioners submits that the candidates who were appointed in 2010 as male Staff Nurse are continued except the petitioners. Thus, the action of the respondents/State is highly arbitrary, discriminatory and, therefore, liable to be set aside the State has not filed any reply and the main contesting party is respondent No. 3 and respondent No. 3 has filed the preliminary objection regarding the maintainability of the said writ petition. The respondent No. 3 in their reply has stated that petitioners No. 2 to 4 were posted on the post of Staff Nurse at District Hospital, Shivpuri. They have filed a representation to consider their candidature before respondent No. 6. Respondent No. 6 has dismissed the representation vide annexure P-2. Thus the cause of action of assailing the impugned order arises at Gwalior which is not under the territorial jurisdiction of Principal Bench, Jabalpur and, therefore, the petition deserves to be dismissed on these grounds alone. The respondents have further stated that the petitioner No. 1 approached to this Court by filing writ petition No. 14469/2015, wherein it has been directed to respondent No. 5 to consider the representation submitted by the petitioner within a period of three months. Thereafter the petitioners have submitted their representation which has been duly decided vide annexure P-1 by holding that there is no post available for contractual Staff Nurse thus, due to non-availability of the post, the petitioners have not been appointed on the said post.;

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