AUGUSTINE GEORGE MASIH, J. - (1.) PETITIONERS have approached this Court praying for issuance of a writ of certiorari for quashing the order dated 10.10.2013 (Annexure P -2) rejecting their candidature on the ground that the petitioners have not passed the Multi Purpose Health Workers (hereinafter referred to as 'MPHW') Training Course from an institution approved by the Haryana Government. This action of the respondents is sought to be challenged on the ground that the same is violative of the Policy Decision/Instructions dated 18.03.1975 of the Haryana Government (Annexure P -19), according to which, the degrees or diplomas etc., which are recognized by the Government of India, shall be deemed to be recognized by the Government of Haryana. Similar was the position with regard to the degrees and diplomas awarded by the recognized Universities and by the Boards established by the State Government for High/Higher Secondary School.
(2.) IT has been contended that since the petitioners have passed their Auxiliary Nursing Midwifery Course, which is at the level of Senior School Certificate Examination, held by the Central Board of Secondary Education, the course would be treated to be equivalent to that of a MPHW Training Course of the Government of Haryana and it shall be deemed to be an approved institution of Government of Haryana. The diploma held by the petitioners is recognized under the Indian Nursing Council Act, 1947 and mentioned at Sr. No. 18 of the list of recognized institutions, which is the Central Board of Secondary Education, which has further been recognized by the Haryana Nursing Council and, therefore, the petitioners are eligible for appointment to the post of MPHW. Prayer has, thus, been made for setting aside the impugned order dated 10.10.2013 (Annexure P -2) and for directing the respondents to interview the petitioners and declare the result along with the other candidates in pursuance to Advertisement No. 2/2011 dated 06.12.2011. Petitioners had earlier filed CWP No. 24900 of 2013 for the same cause of action, which came up for hearing before this Court on 04.02.2014 when the following order was passed: Counsel for the petitioners prays for withdrawal of the writ petition with liberty to challenge the statutory rules, which restricts eligibility of the candidates for appointment to the post of Multipurpose Health Worker only to such persons who have passed the Multipurpose Health Workers Training Course, which is only recognized/approved by the State of Haryana on the ground that it is violative of University Grants Commission Act,1956 and All India Council of Technical Education Act, 1987, besides other grounds as well. He further submits that interim orders in favour of the petitioners be maintained till three weeks from today so that they may file appropriate petitions challenging the vires of the statutory rules.
(3.) PRAYER made by counsel for the petitioners is accepted. The writ petition is permitted to be withdrawn with liberty to file a fresh petition on the same cause of action, on same/similar and other grounds besides challenging the vires of the statutory rules governing the appointment to the posts of Multipurpose Health Worker (Male). The interim order shall continue to enure in favour of the petitioners as passed in this writ petition for a period of three weeks from today, whereafter it shall cease to operate." After the passing of the above order, petitioners filed C.M. No. 2507 of 2014 praying for recall of the order dated 04.02.2014. The said application was withdrawn when the same came up for hearing on 05.03.2014 and the following order was passed: - " Counsel for the applicant/petitioners prays for withdrawal of the present application. Dismissed as withdrawn as prayed for.";