No 3993/2022, by which, the High Court has dismissed the said writ petition and refused to issue a writ directing the respondent(s) to appoint them on the post of Health Worker (Female), the original writ petitioners have preferred the present appeal. The candidatures of the appellants were not considered further for appointment on the ground that at the time of verification of the documents they were not duly registered with the Uttar Pradesh Nurses and Midwife Council, Lucknow, and therefore, they were ineligible as they did not possess the essential qualifications, as per the advertisement. By the impugned judgment and order, the High Court has dismissed the said writ petition by accepting the stand taken on behalf of the State that at the time of verification of documents and/or even at the time of submitting the applications forms, they were not registered with U.P. Council to issue the NOC and thereafter, it took further time for the U.P. Council registration, issuance of the NOC by M.P. In the said decision, it is observed and held by this Court that once it was found that there was no lapse/delay on the part of the applicant and/or there was no fault of the appellant/applicant in not producing the NOC at the relevant time, he cannot be punished for the same. When the aforesaid decision was pressed into service before the High Court on behalf of the appellants, the High Court has not followed the same by observing that the directions issued by this Court in the case Narender Singh (supra), were in exercise of powers under Article 142 of the Constitution of India.
In view of the above and for the reasons stated above and applying the law laid down by this Court in the case of Narender Singh (supra), the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
Case Title: KUMARI LAXMI SAROJ Vs. STATE OF U.P. (2022 INSC 1286)
Case Number: C.A. No.-009040-009040 / 2022
