IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10654 of 2009 TANU BHARTI, W/O ANIL THAKUR, R/O VILLAGE+P.O.-BIRAULI, P.S.-PUSA, DISTRICT- SAMASTIPUR. ……………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 6. THE REGISTRAR, BIHAR NURSING COUNCIL, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 7. DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT HEALTH COMMITTEE, SAMASTIPUR. 8. THE CIVIL SURGEON-CUM-MEMBER, DISTRICT HEALTH COMMITTEE, SAMASTIPUR. 9. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR. …………………RESPONDENTS. ----------- 3 23.09.2010 Heard learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the Nursing Council. Pursuant to an advertisement, as contained in Annexure-2, petitioner applied for her appointment as ANM. Her application was considered and orders for appointment were issued, vide Annexure-8 dated 12.01.2008. The orders show that her appointment was for one year on contract basis. It appears that, prior to that, on the basis of select list, she was allowed to join on 7.11.2008 itself as ANM in Primary Health Centre, 2 Pusa. Subsequently, her certificates were examined and it was found that she was not registered with the Bihar Nursing Council. Annexure-2, the advertisement, shows that the requisite qualification for such appointment was a degree of ANM from Government or Government recognized institution as well as registration of the candidate with the Bihar Nursing Council. Though the petitioner had the certificate of ANM, but admittedly she was not registered with the Bihar Nursing Council. Therefore, this Court does not find fault with the orders passed by the Civil Surgeon dated 29.09.2008, as contained in Annexure-1, by which, her contractual appointment has been terminated from the date of issue of the order. Learned senior counsel for the petitioner submits that, on the basis of her certificate of ANM, petitioner has already applied to the Bihar Nursing Council for registration. However, her application has not been considered by the Council as yet, due to which, she has faced this consequence of cancellation of her contractual appointment. Submission of learned senior counsel for the petitioner is correct that any delay caused by the Council in registering a candidate who is found eligible for registration should not be delayed by the Council as 3 the registration with the Council gives a necessary eligibility to a candidate to apply for appointment in Government service and for other benefits as may accrue to her in law. Therefore, this Court is of the opinion that the application of the petitioner for her registration should be considered by the Council as soon as possible and necessary orders of the same in accordance with law should be passed. However, since the registration, if granted, will be prospective, no relief can be granted to the petitioner in this case. But, surely, if she is registered with the Nursing Council, the respondents can consider her case for re-employment in accordance with law on a post for which she is found eligible by them. With the above observations and directions this writ application is disposed of. Arvind/ ( J. N. Singh, J.)