- (1.) The petitioner who is a District Public Health Nurse, has filed this petition under Articles 226 and 227 of the Constitution of India, praying for issuance of a writ of ceritiorari or quo warranto thereby quashing the appointment of respondent No. 4 as the Assistant Director (Nursing) Class-II in the Department of Health, Haryana, on the ground that respondent No. 4 did not possess the requisite site experience prescribed in the rules and the advertisement. Respondent No. 3 Haryana Public Service Commission, Chandigarh (for short the Commission) issued advertisement No. 5 which appeared in a section of Press on 15.8.1988 inviting applications for the post of one Assistant Director (Nursing) Class-II in the Health Department Haryana in the pay scale of Rs. 2000-3200 for which there was no upper age limit for the government employees. The essential qualifications prescribed for the post were as under :- "(i) Degree in Nursing from the recognised University/Institution or equivalent (ii) Adequate knowledge of Hindi. (iii) 10 years experience in Nursing out of which 5 years experience should be in Nursing practice/teaching, as Nursing Superintendent/Matron or in equivalent capacity." It was specifically mentioned in the above said advertisement that the eligibility of candidates with regard to qualifications etc. is to be determined as on 15.9.1988, i.e. the closing date of submission of applications. In response to the said advertisement the petitioner as well respondent No. 4 and others applied for the said post.
(2.) The Commission recommended the name of respondent No. 4 for appointment as the Assistant Director (Nursing), Class-II. The Government accepted the recommendations of the Commission and appointed respondent No. 4 for the advertised post.
(3.) The petitioner's grievance is that respondent No. 4 was not eligible for the post of the Assistant Director (Nursing) Class-II as she did not possess the prescribed qualifications. In order to prove this fact, the petitioner has placed on record an experience certificate dated NIL, Annexure P-2 issued by the Additional Director, Health Services, Haryana to respondent No. 4, which reads as under : "Certified that Smt. Bimla Sharma d/o Sh. Nathu Ram Sharma who is at present working as Principal Tutor since 27.3.1984, before her promotion to this post, has worked for the period as under : (i) From 20-12-1962 As Staff Nurse (ii) From 7-5-1970 As Nursing Sister (iii) From 20-9-1982 As Sister Tutor";