Biran Rani vs State of Punjab and Another

Surya Kant, J.—Notice of motion. Ms. Monica Chhibber Sharma, learned DAG Punjab accepts notice on behalf of Respondent No. 1. Having regard to the nature of order which I propose to pass there is no necessity to call upon the Respondents to file their reply/affidavit at this stage.

The Petitioner is a candidate for the post of ANM. She applied pursuant to the online advertisement (Annexure P1). Her grievance is that contrary to the terms and conditions contained in the advertisement, the Respondents have issued some guidelines on 09.03.2011 inviting the candidates for counseling restricting the eligibility within one district only. The Petitioner apprehends that the criteria revised by the Respondents will lead to discriminatory results as in one district the candidates of higher merit will be deprived of appointment as compared to the candidates lower in merit in another district. It is also the grievance of the Petitioner that once the rules of the game have been settled, the same cannot be altered during the process of selection.

These contentions have been raised by the Petitioner by way of a representation also but the same does not appear to have been considered so far.

Having heard learned Counsel for the Petitioner and after going through the material on record, it appears, prima facie, that some of the issues raised by the Petitioner require serious consideration by the Authorities before finalization of the selection process.

The writ petition is accordingly disposed of with a direction to the Director, Health and Family Welfare, Government of Punjab to treat this writ petition as a representation on behalf of the Petitioner and dispose of her objections by passing a speaking order as early as possible.

Till then, the selection shall not be finalized.

Let a dasti copy of this order be handed over to Ms. Monica Chhibber Sharma, learned DAG Punjab for information and necessary action.