Ritu Bahri, J. - (1.) The case set out by the petitioners in the present writ petition is that as per Public Appointment Notices dated 02.06.2014 and 15.7.2014 (Annexure P-11 to P-13) by Government Medical College and Hospital, Chandigarh, 61 posts were advertised for the post of Staff Nurse which were to be filled from the Ex-servicemen category and the essential qualification for the aforesaid posts was Diploma in General Nursing and Midwifery Course from a recognised Board/University/Institution. Thereafter, by way of specific instructions in Corrigendum dated 31.10.2014 (Annexure P-20) and Interview Notice dated 21.11.2014 (Annexure P-22) the petitioners were rendered ineligible for the said post on the grounds that no alternative course in lieu of 'Midwifery' will be accepted since the petitioners, in fact were eligible on the grounds of possessing 'Equivalent' qualification as provided for under Essential Qualification criteria in Public Appointment Notices (Annexure P-11 to P-13). The grievance of the petitioners is that the change in eligibility criteria is wholly arbitrary and have been resorted to at a stage when written examination has already been conducted.
(2.) The Indian Nursing Council for the Award of General Nursing Certificate to Members of the Army Medical Corps issued Instructions (Annexure P-1), wherein the recognition was to be based on identical training for male and female nurses with the exception of Midwifery in lieu of which other subjects were prescribed for male nurses. Clause (b) under Eligibility lays down the subjects which may be taken up in lieu of Midwifery as produced hereunder:- "(b) They may take midwifery or may elect to take one six months clinical nursing course as approved by the Indian Nursing Council. The subject once selected by the individual will not be changed. The subjects are as under:- (i) Psychiatric Nursing (ii) Neurological Nursing (iii) Occupational Health Nursing (iv) Cancer Nursing (v) Operation Theatre Technique (vi) Opthalmic Nursing (vii) Leprosy Nursing (viii) Tuberculosis Nursing
(3.) Moreover, the Defence Ministry vide letter dated 17.2.1999 (Annexure P-2) to School of Nursing, Command Hospital, Western Command, Chandimandir clearly laid down that Nursing Assistant trainees will undergo training in Neurological Nursing in lieu of Midwifery. In pursuance thereto, the petitioners enrolled in the General Nursing for Male Nurses Course for a duration of three years along with alternative course in lieu of Midwifery as an equivalent/alternate course prescribed by the Indian Nursing Council (P-1). Copies of mark sheets of all three years of one of the petitioners are annexed as Annexure P-3(Colly). Petitioners as a part of the course curriculum even attended requisite training. Copy of the training certificates issued by the School of Nursing, Command Hospital (W) Chandimandir to one of the petitioners is annexed herewith as Annexure P-4. Thereafter the petitioners received passing certificates (Annexure P-5) Colly whereby it was stated that the petitioners are entitled for registration as Male Nurses, Midwife/Equivalent qualifications and Public Health Nurse in any State in India. Petitioners completed the General Nursing Course and in pursuance thereto received General Nursing Certificates from the Armed forces Medical Services Examination Board. Copy of General Nursing Certificate issued to one of the petitioners is Annexure P-6. The petitioners Jay Kumar Dwivedi and Satpal Singh were, thereafter, registered by the Punjab Nurses Registration Council, Petitioner-Baljinder Singh was registered by the Haryana Nurses Registration Council and Raj Kumar and Krishan Murari Yadav were registered by the Delhi Nursing Council in the Nurses and Midwives Register maintained under the provisions of various State Nurses Registration Council. Copies of certificates by the Punjab Nurses Registration Council are annexed as Annexure P-7(Colly). Upon completion of 30 years in service, the petitioners received the Indian Armed Forces (ARMY) Trade Proficiency Certificate for Ex-Servicemen. Copy of the Trade Proficiency Certificate issued to one of the petitioners is Annexure P-8. The petitioners also received Character certificates from the Army Medical Corps Records Lucknow. Copy of the Character certificate issued to one of the petitioners is Annexure P-9. Upon retirement, the petitioners were issued discharge books, detailing all necessary particulars i.e Bio-Data, Service Record, Rank and Trade etc. Copy issued to one of the petitioners of the Discharge Book is Annexure P-10.;