IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1328 of 2009 Kumari Bimal & Ors Versus The State Of Bihar & Ors ----------- 02. 27.06.2011 Heard learned Counsel for the petitioner and the State. Petitioner’s prayer is for quashing of the Official Notice (annexed as Annexure – 4 to the Writ Application), whereby the petitioners’ candidature for their appointment on the post of Auxiliary Nurse and Midwives have been rejected. Other prayer is for a direction to consider their individual cases for appointment to the post of ANM. In response to the advertisement, dated 09.06.2008, petitioners submitted their applications for appointment to the post of ANM. The advertisement has been annexed as Annexure – 1, which indicates the minimum requisite criteria for being appointed for the post of ANM. The minimum requisite qualification is the degree from any recognized ANM Training Institution as well as registration with the Nurses Registration Council. Petitioners’ grievance is that the fact that they have done two years’ intermediate vocational course under the Bihar Intermediate Education Council, taking an Auxiliary Nursing and Midwives as an optional subject 2 and they have also undergone an Apprenticeship training in the field of Auxiliary Nurse and Midwives. However, when final result of the selected candidates was put on the notice board, none of the petitioners’ name was there. Petitioners sought for information under Right to Information Act in order to know the reason for rejection of their candidature. The information, which was supplied to the petitioners, disclosed that when the original certificates of the petitioners were scrutinized, it was found that they had undergone ANM Training through vocational course and they are not registered with the Bihar Nursing Council. For these reasons, their applications were not taken up for consideration for their appointment. Counsel for the petitioner submits that despite their efforts, petitioners are not being registered by the Respondents with the Nurses Registration Council. Unless they are registered with Nurses Registration Council, their case will not be considered for their appointment. Counter Affidavit filed on behalf of the State also indicates that since the petitioners were not registered with Bihar Nursing Council, their names were not included in the list of successful candidates. It has also 3 been submitted that the advertisement itself indicates the minimum requisite qualification for being appointed to the post. One of the necessary criteria was registration with the Nurses Registration Council and another Nurses degree from a recognized institution. Since the petitioners failed to fulfill both these criteria, as such their cases were not considered for appointment. The terms and conditions, as disclosed in the advertisement are binding and unchangeable even at the instance of any of the authorities. Once the criteria for selection has been fixed, unless it is modified by issuing another notice to all concern, it can not be changed, recalled, cancelled or allowed. The terms and conditions for appointment will remain the same as disclosed in the advertisement. There is no denial by the petitioners that they are not registered with Nurses Registration Council, which was mandatory for the purposes of appointment. There is nothing to show that in any way, the Respondent Authorities created any hindrance in the way of petitioners getting registered themselves with the Nurses Registration Council, except that they have obtained their ANM Training Course in Vocational side. For all these reasons, it is apparent that 4 petitioners did not get selected as they failed to fulfill the minimum requisite criteria. In this circumstance, there is no reason either for quashing of the impugned letter or to direct the Respondents to select the petitioners. This application is dismissed. SKM (Mridula Mishra, J.)