SC takes note of delay by UP state authorities; directs appointment of female health workers within 6 weeks
The Top Court noted that there was no fault on the part of the appellant candidates in not producing the UP Council registration either at the time of submitting the application forms or even at the time of verification of the documents for the appointments.
Noting the delay on part of the Uttar Pradesh Nurses and Midwife Council, Lucknow, in issuing registration certificates, the Supreme Court recently directed the State authorities to appoint the candidates before it on the post of Health Worker (Female) within a period of six weeks.
In 2021, the State of UP had invited applications for appointment on the post of Health Worker (Female).
As per clause 6 of the advertisement, it was inevitable for the candidate to possess the essential qualifications (educational and other) till the last date of the application which included a condition that the candidate must have successfully completed one year six months/two years auxiliary nurses and midwives (ANM) training course (including six months training related to obstetrics) as per the norms of the Nursing Council of India and that the candidate was duly registered with the Uttar Pradesh Nurses and Midwife Council, Lucknow (U.P. Council).
All the appellants before the Supreme Court were registered with the M.P. Council, which had furnished the NOC, however, the U.P. Council took time to issue the registration certificate and therefore, the respective appellants could not produce the U.P. registration during verification of documents.
"...because of the late issuance of the registration by the U.P. Council, the appellants could not produce the U.P. Council registration either on the last date of the application and/or at the time of verification of documents and therefore, they were held ineligible", a bench of MR Shah and Hima Kohli noted on December 15.
Court found that there was no fault on the part of the appellants in not producing the UP Council registration either at the time of submitting the application forms or even at the time of verification of the documents.
Therefore, for no fault(s) of theirs, the appellants could not have been made to suffer, said the Court while ordering thus:
"The respondent(s) are directed to appoint the appellants herein to the post of Health Worker (Female) within a period of six weeks form today, if otherwise, they are found meritorious and fulfilling the other eligibility criteria. However, it is made clear that the appellants shall be entitled to all the benefits from the date of their actual appointments. Present appeal is accordingly allowed. In the facts and circumstances of the case, there shall be no order as to costs."
Case Title: Kumari Laxmi Saroj & Ors. vs State of U.P. & Ors