R.K.MERATHIA, J. - (1.) Heard the parties finally.
(2.) MR . Sumeet Gadodia, appearing for the petitioner, submitted that in the advertisement for appointment of Staff Nurse (Annexure 7), the eligibility criteria that the applicant should have passed 'Intermediate by Science' is illegal; and that the respondents should consider the case of the petitioner, who passed Intermediate with Arts, for appointment on such post as she has successfully completed training under the respondents. He further submitted that one Renu Kumari, similarly situated, was appointed as Staff Nurse Grade II on 7.12.1998 and, therefore, there has been discrimination with the petitioner. On the other hand, Mr. Rajiv Ranjan, appearing for the respondents, submitted that in view of Clause 5(Kha)(iii) of the Nurses Training -Recognition, Affiliation and Conduct of Examinations of School of Nursing Rules, 1997 (for short 'the Rules') notified on 14.7.1997, the respondents were obliged to put the said criteria of Intermediate with Science and to have better candidates, '2nd Division' was prescribed. He further submitted that there has been no discrimination with the petitioner.
(3.) IT appears that petitioner did Intermediate in Arts (I.A.) and underwent Student Nurse Training under the respondents from 1994, which she completed in April, 1998. She then completed Midwifery Training in 1999. She applied against the said advertisement (Annexure 7) but her application was rejected as she did not fulfill the criteria of passing Intermediate with Science. She filed this writ petition challenging the said criteria and rejection of her application.;