Court No. - 6
Case :- WRIT - A No. - 25383 of 2018 Petitioner :- Mohammad Saleem Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Sharma Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri Hemendra Kumar Mishra who appears for the second respondent and Sri J.S. Bundela learned Standing Counsel.
The contractual engagement of the petitioner as a Staff Nurse has been terminated on the ground that he did not possess the essential qualification as prescribed in the recruitment notification. The qualification as prescribed was for all candidates to possess a Bachelors Degree/Diploma in Nursing.
Undisputedly the petitioner does not possess either a Bachelors Degree or a Diploma in Nursing. The petitioner is shown to possess a B.Sc. Degree. According to the learned counsel the essential qualification as framed in the recruitment notification is liable to be read as a candidate possessing a Bachelors Degree in any subject or a Diploma in Nursing. The Court finds itself unable to sustain this submission since the expression "In Nursing" clearly paraphrases both Bachelors Degree as well as Diploma.
Bearing in mind the post for which the recruitment was sought to be made namely that of a Staff Nurse also underlines the fact that the candidate should have possessed either a Bachelors Degree or a Diploma in Nursing. Consequently the Court finds no merit in the challenge laid. The writ petition is dismissed.
Order Date :- 22.1.2019/faraz