Summary
Candidates for Health Worker (Female) posts in Uttar Pradesh were required to be registered with the U.P. Nurses and Midwives Council by the last date for applications. The appellants were registered with the M.P. Council and, all but one, had applied for U.P. registration before the advertisement. Delays in the M.P. Council's NOC and the U.P. Council's registration meant they could not produce it at document verification, so they were held ineligible, and the Allahabad High Court agreed. The Supreme Court allowed their appeal. Narender Singh v. State of Haryana lays down that a candidate cannot be punished for a delay not attributable to her. The High Court misread that decision as a mere exercise of Article 142.
Issues
- Whether candidates who had applied in time for registration with the U.P. Nurses and Midwives Council, but received it late because of the councils' delay, could be held ineligible for not producing it by the last date or at document verification.
Provisions considered
- Article 142, Constitution of IndiaIn Narender Singh v. State of Haryana, Article 142 was used only to protect an already appointed employee; the principle that a candidate cannot be penalised for delay not attributable to him is the law laid down, which the High Court wrongly treated as an Article 142 direction. (¶ 4.2)
Held
- The appellants were registered with the M.P. Council and all but one had applied for U.P. Council registration before the advertisement of 15.12.2021; the delay lay with the M.P. Council in issuing the NOC and the U.P. Council in granting registration, so there was no fault on their part in not producing it when applying or at document verification. (¶¶ 4, 4.1, 4.2)
- The issue is covered by Narender Singh v. State of Haryana, which holds that where there is no lapse or delay on the applicant's part, he cannot be punished for not producing the NOC at the relevant time; the High Court misread that judgment, and its decision was set aside. (¶¶ 4.2, 5)
Result
Civil Appeal No. 9040 of 2022 allowed without costs; the Allahabad High Court (Lucknow Bench) judgment dated 13.07.2022 in Writ-A No. 3993 of 2022 set aside; respondents directed to appoint the appellants as Health Worker (Female) within six weeks if otherwise meritorious and eligible, with benefits from the date of actual appointment.