IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15054 of 2007 SMT.GAYATRI KUMARI W i t h CWJC No.16542 of 2007 ANITA RANI W i t h CWJC No.16521 of 2007 SUNITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 5/ 18/8/2008. Heard learned counsel for the petitioners and learned counsel for the State. This order shall govern all the writ applications with an additional ground raised by the State in C.W.J.C. No.16542/07. The issue revolves around the appointment of Auxiliary Nurse Midwife. An advertisement issued by the State of Bihar qualified those having the qualification from a Government or non- Government recognized A.N.M. Training Institute as eligible to apply. Candidates from other States, such as the petitioner from the State of Jharkhand, were also eligible to apply provided they were registered with the local Nurses’ Registration Council (i.e. the Jharkhand Nurses’ Registration Council). Additionally upon selection such outstation candidates were required to have themselves registered with the Bihar Nurses’ Registration Council. The petitioners are stated to have obtained their training qualification from a recognized institution in the State of Jharkhand and are duly registered with the Jharkhand Nurses’ Registration Council. They were successful in the selection process, but have been denied appointment on the premise the Jharkhand Nurses’ - 2 - Registration Council, in turn, was not registered under the “Indian Nursing Council Act, 1947. Though allegations and counter allegations have been made, of failure to join within the stipulated time and of refusal to accept joining despite presentation in time, this Court considers it proper not to go into this aspect in view of the admitted position now emerging that the Jharkhand Nurses’ Registration Council has already sought recognition under the “Indian Nursing Council Act, 1947” when the Bihar State Nurses’ Registration Council by its letter dated 6.2.2008 has also sought guidance from the competent authority under the “Indian Nursing Council Act, 1947” with regard to persons who have obtained their qualifications from institution in Jharkhand and/or registration under the Jharkhand Nurses’ Registration Council. There are no allegations of irregularities or illegalities in the selection process. The petitioners have obtained their qualifications from recognized institutions in the State of Jharkhand. They cannot be stated to be untrained persons from unrecognized institutions who cannot be trusted with the duties of a nurse. The question of eligibility is also not in dispute except so far as the petitioner in C.W.J.C. No.16542/07 is concerned. In the latter case, it has been urged on behalf of the respondents that the last person appointed/selected possesses 66.11% marks while the petitioner therein had secured 62.33% marks. This order, therefore, stands qualified to the extent of the petitioner in C.W.J.C. No.16542/07. This Court has no hesitation in holding that under the - 3 - advertisement issued, the petitioner fulfilling the requirement of training from a recognized institute being the registered with the Nurses’ Registration Council of the State concerned are eligible for appointment and after such appointment they have to be given reasonable time to obtain registration from the Bihar State Nurses’ Registration Council. In the event of their failure to do so for whatever reason within the time granted for the purpose, obviously their selection and appointment can be annulled as it is conditional in nature. In the present controversy, when the status of the Jharkhand Nurses’ Registration Council does not stand rejected and is still pending consideration before the competent authority under the Indian Nurses’ Council Act, 1947 this writ application in its present form has to be allowed and the petitioners are entitled to be considered for appointment, but subject to the ultimate decision that may be taken by the Indian Nurses’ Council with regard to the Jharkhand Nurses’ Registration Council. The writ application stands allowed in the manner indicated to be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. KC ( Navin Sinha,J )