The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15756 of 2023 Madhusmita Badu & others …. Mr. P.K. Satapathy, Advocate Petitioners -versus- State of Odisha & others …. Opposite Parties Mr. A. Behera, ASC CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 15.05.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. P.K. Satapathy, learned counsel appearing for the petitioners as well as Mr. A. Behera, learned Addl. Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioners with the following prayer:- for records, after hearing “The Petitioners therefore pray that your Lordships would be graciously pleased to admit this Writ Petition, call issue writ/writs in the nature of certiorari/ mandamus or any other writ/directions the Opp. Parties to modify the terms of the advertisement under Annexure-1 at Clause- 3(A) (IV)(a) by giving relaxation of education qualification from +2 stream to H.S.C. as per Rule-19 of the parties // 2 // the Odisha Multi Purpose Health Worker (Female) Service (Method of Recruitment and Conditions of Service) Rules, 2019 taking into consideration of the assurance given by the Government to the petitioners while performing the duties of Health Worker during COVID-19 pandemic situatin.” 4. It is submitted by learned counsel for the Petitioners that the Petitioners who are having H.S.C. qualification along with a qualification in auxiliary Nurse Midwives to (A.N.M.) certificate. They were engaged during the COVID-19 pandemic period by the Government as Health Workers. He further submitted by learned counsel for the petitioners that the petitioners have worked during COVID-19 for about 100 days. On being hired by the Government Agency on contractual basis. It is further submitted by learned counsel for the Petitioner that the Government of Odisha has framed a set of rules that is known as Odisha Multi Purpose Health Worker (Female) Service (Method of Recruitment and Conditions of Service) Rules, 2019 which was notified in the Odisha Gazette on 08.03.2019. While preparing and notifying the rules the eligibility criteria as prescribed under Rule 9 under Clause-e was the candidate must have passed in any stream under council of Higher Secondary Odisha or equivalent and past Health Worker(Female) (Auxiliary Nurse Midwifery) training course conducted by the Odisha State Nurses & Midwives Board and passed out from Indian National Council (INC) approved institution either Government or private and having Odisha Nursing and Midwives Council Registration. He further submitted that the aforesaid eligibility criteria with regard to education qualification was fixed prior to the COVID-19 pandemic. During COVID-19 pandemic the Petitioners were having H.S.C. qualification with A.N.M. training course conducted by Odisha Nursing and Midwives Board. Accordingly, they have also been registered with the Odisha Nursing and Midwives // 3 // council. After working for 100 days during COVID-19 pandemic, it is submitted by learned counsel for the Petitioners, that the petitioners have been registered that they will be taken on regular service by the Government and other agencies in recognition of their service then during COVID-19 pandemic. 5. It is further contended by learned counsel the Petitioner that recently an Advt. has been published dated 29.04.2023 notifying the application from eligible candidates for recruitment to the post of 2753 number of District Cadre Group-C posts of Multipurpose Health Worker (Female), 2023. Referring to the said advertisement, learned counsel for the Petitioner submitted that although a relaxation has been granted to those Health Workers who had worked during COVID-19 pandemic. However, such relaxation is not helpful to the petitioner. On perusal of the Clause-e eligibility criteria relaxation to the extent of additional 5 per cent extra mark as weightage has been given to the Health Workers as one time measure who has worked during the COVID-19 pandemic. 6. Learned Addl. Standing Counsel, further referring to the Gazette notification dated 29.11.2022 contended before this Court that keeping in view the service of the health workers who had worked during COVID-19 pandemic. On being engaged on contractual basis by the Health and Family Welfare Department, a decision has been taken to grant the relaxation of 5 per cent extra mark on total mark of the recruitment examination as one time measure to such candidates who have worked for a minimum period of three months during the COVID-19 pandemic. Therefore, learned Addl. Standing Counsel further submitted that no relaxation has already been granted by the State authorities. Moreover, grant of such relaxation the case of the petitioner is caused prejudice to other similar situated candidates who // 4 // have not applied pursuant to the advertisement knowing the fact that they were not eligible for such appointment. Further, in such eventuality any decision by the Opposite Parties granting any specific relaxation to the petitioner would be against the principle of Article 14 of the Constitution of India. Accordingly, it was submitted by learned Addl. Standing Counsel that the writ petition could not be entertain at this juncture. 7. Considering the submissions made by learned counsels appearing for the respective parties and further taking into consideration the factual background of the present case, this Court observed that the State Government has granted relaxation of mark to the extent of 5 per cent mark as on weightage in advertisement under Annexure-1 pursuant to the amended rules notified on 29.11.2022. However, such amendment rule of 2022 does not provide any relaxation with regard to educational qualification. The decision for grant of relaxation according to this Court comes within the sole domain of the executive and is a matter of policy decision to be taken executive keeping in view the requirement. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the petitioner to approach the Secretary, Health & Family Welfare Department, Lok Seva Bhawan, Bhubaneswar-Opposite Party No.1 by filing a fresh representation taking therein all the grounds available to them within a period of 10 days from today. In the event, such a representation is filed the same shall be considered by the Opposite Party No.1 keeping in view the services that the Petitioners were utilized during the COVID-19 pandemic and a decision be taken in accordance with law within a period of three weeks from the date of the Petitioners approach the // 5 // Opposite Party No.1. The decision so taken be communicated to the Petitioner within a week thereafter. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: au Location: High Court of Orissa Date: 21-May-2023 09:04:05