PRAMATH PATNAIK,J. - (1.) In the instant writ petition, the petitioners have sought for direction on the respondents to consider their cases for appointment on the post of Staff Nurse as well as to consider the candidature of petitioners, who are having qualification of Intermediate of Arts and Diploma in Nursing and Midwifery and have been granted certificate in general nursing in future vacancy after relaxing the criteria of qualification of I.Sc.
(2.) Mr. K.K. Singh, learned counsel for the petitioners submits that in the advertisement(Annexure-4) published by the respondents for the post of Staff Nurse, the qualification of I.Sc. has been mentioned. Since the petitioners are having I.A. and Diploma in Nursing and Midwifery, their cases have not been considered by the respondents. Learned counsel further submits that one Renu Kumari was appointed as Staff Nurse having I.A. qualification in the year 1998 whereas the respondents are not applying the same ratio in the cases of petitioners, who are similarly situated. Learned counsel further submits that there is no reasonable nexus for debarring I.A. candidate from the purview of selection on the post of Staff Nurse. Therefore, on the same analogy, the cases of petitioners ought to have been considered by the respondents.
(3.) Learned counsel for the respondents has reiterated the submission made in the counter affidavit. Learned counsel has submitted that Nursing Council of India vide guidelines issued in the year 2000 has made Intermediate with Science as mandatory qualification for undergoing Diploma in Nursing Course. Bokaro General Hospital runs a School of Nursing, which conducts the diploma course in General Nursing and Midwifery specified by Indian Nursing Council. Since the petitioners do not have I.Sc. qualification, mere passing out from Nursing School, BGH ipso facto does not confer any right to get appointed. Learned counsel further submits that in the year 2007, also selection of Staff Nurse was made with similar job specifications. It has further been submitted that even if persons with non-science background had been absorbed on the post of Staff Nurse in the past, it would not be unfair at present to select candidates from amongst those with science background as a person is certainly more desirable for the post in comparison to non-science background. This has been reiterated from the fact that Nursing Council of India vide guidelines issued in the year 2000 has made Intermediate with Science as mandatory qualification for undergoing Diploma in Nursing Course.;