HAMIDA JAN Vs. SKUAST
LAWS(J&K)-2020-2-48
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 11,2020

Hamida Jan Appellant
VERSUS
SKUAST Respondents




JUDGEMENT

Dhiraj Singh Thakur,J. - (1.)A process of selection was initiated by Sher-e-Kashmir University of Agricultural Sciences and Technology, Shalimar Campus, Srinagar (herein after referred to as the University), vide Advertisement Notice No.04 of 2015 dated 13.05.2015 for the post of Female Nurse on regular temporary basis through direct recruitment. The eligibility condition prescribed was 10+2 (Science Group) with Diploma in Nursing and 03 years' experience in Nursing from Government Hospital/recognized Nursing Home. The petitioner does not possess the Diploma in Nursing but possesses Diploma as Female Multipurpose Health Worker.
(2.)It appears that a certificate dated 16th of January, 2019, was obtained by the petitioner, purportedly, issued by the Principal, Government Medical College, Srinagar, conveying therein that FMPHW Diploma was equivalent to Diploma in Nursing. This certificate was annexed as an annexure to writ petition bearing WP(C) No.2425/2019 in the earlier round of litigation. However, the Principal, Government Medical College, Srinagar, vide communication dated 23rd August, 2019, contradicted the claim of the petitioner and denied having issued any such certificate. On the contrary, a stand was taken that the said certificate cannot be considered as equivalent, inasmuch as FMPHW course is of one and half years (18 months) duration while as Nursing course is of three and half years duration with 10+2 with Science as requisite minimum educational qualification.
(3.)It appears that pursuant to the direction issued by the Court on 9th of April, 2019, passed in SWP No.1940/2015, the case of the petitioner was considered vide order impugned dated 29.10.2019. The petitioner was found ineligible on the touchstone of the eligibility conditions prescribed in the Advertisement Notice.
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