Miss Diksha vs Directorate General Of Health Services And Ors

S.N. Terdal, J

Heard Shri K.K.Sharma, counsel for applicant and Shri Rajeev Kumar counsel for respondents, perused the pleadings and all the documents produced by both the parties.

In the OA, the applicant has prayed for the following reliefs:

"(a) direct the respondents to withdraw the letter No.Nur.Sec/Contract App./SN/2016/1578 dated 7.03.2016 issued by the respondent No.2 vide order F.No.NS/Cont.Nurse/LHMC/2015/1507 dated 3.03.2016 and to issue appointment letter a fresh as staff nurse in the college and hospital of respondent.

(b) Any other relief which this Hon'ble Tribunal deem fit and proper may also be passed in the facts and circumstances of the case in favour of the applicant."

The relevant facts of the case are that to fill up 323 posts of Staff Nurses on contract basis for a period of six months or till the vacancies are filled on regular basis, whichever is earlier, was initiated vide an advertisement published in four leading News Paper dated 15. 10.2015. The interview was held by publishing the dates of interview also in four leading News Papers. The selected candidates were directed to report within 15 days from the date of publication of the result. No candidate was given any individual letter of either interview or selection or for reporting. Indeed on three different dates, the selected candidates were directed by three different publications to report for duty giving 15 days time, each time. As on the late date of publication i.e. 12.02.2016, the period of 15 days expired on 26.06.2016, yet the candidates were allowed to join till 17.03.2016. Regarding the same in para 7 of the reply, the respondents have stated as follows:-

" 7. That the interviews got conducted in this Institution and 323 candidates got selected. The result was declared on 02.02.2016 (AnnexureR-6). It was also published in the four leading News Papers and all the candidates who were selected for KSCH were directed to report to Dr. Maneesha Saksena, Addl. Medical Supdt., KSCH and the candidates who were selected for SSKH were directed to report to Deputy Director (Admn.), LHMC & SMt. S.K.Hospital within fifteen days from the date of publication of the result. Since the result was published on 11.02.2016 in Hindustan Times and Rashiya Sahara and on 12.02.2016 in the Times of India and Navbharat Times, the fifteen days to the candidates were given from 12.02.2016 i.e. the last date of notice to candidates among the 3 dates of notices i.e. 06.02.2016 (declaration of result and displaying it on the notice board), 11.02.2016 (publication in Hindustan Times and Rashtiya Sahara) 12.02.2016 (publication in Times of India and Navbharat Times). Even after the expiration of fifteen days on 26.02.2016 ( from 12.02.2016), the candidates were waited for some time also and the candidature was not cancelled immediately. The candidature of the candidates was cancelled vide letter dated 07.03.2016 (Annexure R-7)."

But, however, the applicant did not report for joining. As a consequence on 7.03.2016, impugned letter was issued to the applicant canceling her candidature for the said post of Staff Nurse on contract basis.

The only contention of the learned counsel for the applicant is that the applicant was not informed individually about her selection or offer of appointment regarding calling upon her to join for the said post within 15 days as such, she could not join as she was not aware. However in view of the facts narrated above, none of the 323 candidates were given any individual intimation. In the circumstances, the contention of the applicant is not well placed.

In the result, the application is devoid of merit. Accordingly, OA is dismissed. No order as to costs.