USHA KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide Advertisement dated 18th July, 1988, published in the Daily Tribune Annexure P-1, Chief Medical Officer, Hissar, invited applications for admission to three years' General Nursing Course to commence in the following three institutions :

(2.) Petitioner was called for interview in the month of Oct., 1983. Petitioner was selected and she joined the training course on 22.2.1989. Petitioner was being paid a monthly stipend of Rs. 100.00 per month for the first year of her course. This stipend was further increased to Rs. 120.00 per month in the second year. This was in accordance with the terms stated in the advertisement. Petitioner continued in the training course uninterruptedly for two years but vide impugned order Annexure P-9 the petitioner was expelled from the General Nursing Training Course with the observation that she did not fulfil the required basic qualifications as per rules. It was further stated that the stipend paid to the petitioner during the training period amounting to Rs. 5043.20 be also recovered and deposited within a week from the issue of the said Letter. Petitioner was not afforded any opportunity of being heard before the issuance of the impugned order, Annexure P-9. It further does not state as to which basic qualification the petitioner lacked as per rules. Petitioner filed the present writ petition for quashing the impugned order, Annexure P-9.

(3.) This Court while issuing notice of motion on 25th Jan., 1991 stayed the operation of Annexure P-9 which was also continued after the admission of writ petition on the 10th April, 1991. Petitioner continued her studies till date and the final examination is to be held in March, 1992.