CIVIL WRIT PETITION NO. 15537 OF 2007 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: April 07, 2008 Parties Name Smt. Sunita Rani ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Rakesh Nagpal, Advocate, for the petitioner. Mr. M.S.Sindhu, D.A.G., Haryana, for the respondents 1 and 2. Mr. R.K.Malik, Sr. Adv., with Mr. P.K.Rohilla, Advocate; for respondents No. 3,5,7 to 9, 11 to 18, 20 to 22 & 24. Mr. Kunal Dawar, Advocate, for respondent No. 6. JASBIR SINGH, J. (oral) Order. Petitioner has laid challenge to the advertisement dated September 1, 2007 (P-5), vide which 22 posts of Auxiliary Nurse -cum- Mid Wife (for short ANM) were advertised. It is an admitted fact that in the previous selection process, result of which was declared on April 27, 2007, her name figured at Sr. No. 5 in the waiting list. It is contention of counsel for the petitioner that she should have been offered one post before notifying above mentioned advertisement. Upon notice, reply has been filed, wherein it has been stated that initially, on March 25, 2007, 80 posts of ANM were advertised. Petitioner was one of the candidates. After the interview, result was CIVIL WRIT PETITION NO. 15537 OF 2007 -2 declared on April 23, 2007. The candidates were selected for a period of 89 days. Name of the petitioner figured at Sr. No. 5 in the waiting list. As per the existing instructions Annexure R3/1, the waiting list was prepared only with a view to fill up those posts, which may fall vacant on account of non- joining of any selected candidate. It was further stated that the petitioner has wrongly contended that waiting list was to be kept alive for a period of one year in anticipation of the filling up of the future vacancies as these posts were on contractual basis for 89 days. After hearing counsel for the parties, we are of the opinion that this writ petition deserves to be dismissed. When notice of motion was issued on October 5, 2007, following contention of counsel for the petitioner was noticed by this Court: “Learned counsel for the petitioner contends that 80 posts of ANM were advertised vide Annexure P.3. It is submitted that only 70 posts have been filled up and 10 selected candidates have not joined. It is further submitted that the petitioner is at serial No. 5 in the waiting list and, therefore, one of the posts should have been offered to him. But instead of giving offer of appointment to the petitioner, the posts have now been re- advertised (Annexure P.5) and selection list has also been issued (Annexure P.6).” In reply to above said contention, respondents No. 1 and 2, in their written-statement, have stated as under: “Out of 80 ANMs 78 ANMs submitted their joining report by 30/4/07 but 2 candidates did not join. Smt. Amita Devi CIVIL WRIT PETITION NO. 15537 OF 2007 -3 resigned on dt. 14/05/07. Thus total three posts fell vacant. Thereafter Respondent No. 2 issued appointment letters to the candidates bearing S. No. 1 to 3 in waiting list. Candidates bearing S. No. 1 & 2 joined but S.No.3 did not join. Hence candidate bearing S. No. 4 was issued appointment letter on 15/6/07. The Respondent No. 2 after the completion of 89 days on 29/7/2007 further extended contract of 74 ANMs who were selected by Advertisement dt. 30/3/07. As 6 of them did not apply for extension and 7 ANMs of previous contract batch left their job, the Project Director RCH-II Panchkula sanctioned 9 more posts vide letter No. RCH-4-2007//6621 dt. 30/07/07. Thus Respondent No. 2 had in total 22 posts ( 13+9). Therefore respondent No. 2 invited fresh application for filling 22 posts of ANM on contractual basis vide Advertisement dt. 1/09/07. Hence the petitioner is not entitled for appointment as a contractual ANM. As the previous selection list had already lapsed with the completion of 89 days on dt. 29/07/07, therefore, petitioner has no right or justification to file this writ petition.” We are satisfied with the explanation. The selection was for 89 days. It is apparent from the records that all 80 posts were filled up as on June 15, 2007. Thereafter, no post was available. When further extension was given, out of 80 candidates selected earlier, six did not apply for extension and seven had left the job in the meantime. Nine more posts were created and in view of that, 22 posts were readvertised. Petitioner was also CIVIL WRIT PETITION NO. 15537 OF 2007 -4 one of the candidates against readvertisement. She appeared in the selection process and remained unsuccessful. In view of facts, mentioned above, no case is made out for interference. Dismissed. ( Jasbir Singh ) Judge ( K. C. Puri ) April 07, 2008. Judge DKC