Lal Mirjan vs State and Others

Mr. J.Kawoosa has appeared and taken notice on behalf of respondent NO. 1 to 4. This writ petition can be disposed of at this stage. The

counsel have been heard.

Admit. Petitioner was appointed as A.N.M on 09041993 alongwith other candidates, after being selected by the Subordinate Service Selection

Board of the State in the grade of Rs.9501500 and has been placed in the merit list at serial No. 15. It is normal with N.N.Ms to undergo training

for different courses at different places. On such training course is devised by Central Government at New Delhi and is known as DRDA. This

course is conducted every yearState Government sponsors and recommends candidates from ANMs to undergo the training known as L.H.V..

In 1998 from ANMs, two candidates, Ashrat Maqbool and one Fatima Banco, were deputed to the courseBoth, though Junior to the

petitioner, were sent in a hush hush, manner to undergo the training without proper selection. Ashrat Maqbool happens to be the daughter in law of

respondent No.4, an office Superintendent of CMO's Office at Budgam. No criteria or guideline was observed while recommending these two

ANMs to the training course. This action of respondents is arbitrary and discriminatory. It is unfair on the part of the respondents to nominate two

candidates out of many irrespective of their merit and seniority. Therefore, the nomination of Ashrat Maqbool and Fatima Banoo, respondent No.5

and 6, to the L.H.V. training course at DRDA Institute is prayed to be quashed and any furtherance of their prospectus in service career

consequent on such training, is requested to be placed under embargo.

Mr. J.A.Kawwosa, AAG, submits that the two candidates have already completed the short L.H.V training course at New Delhi and that the

respondents in particular Directorate Health Services shall in future frame and observe norms and guidelines while recommending candidates for

LHV training course at DRDA Institute New Delhi and for that matter any other training course inside or outside the State having a bearing on

furtherance of career prospectus of ANM Staffers of Health/Medical Department of the State. Mr. Gowhar concedes that the respondent No.5

and 6 have completed the course and hands of the clock cannot be set back. However, he submits that the petitioner may be considered in future

alongwith other eligible candidates for such course as and when the State Government nominates/recommends the candidates for such or other

training course(s) in future.

In the result respondents are directed to frame norms and guidelines, if not in place and to observe vigorously such norms and guidelines while

deputing/recommending candidates of ANMs to undergo training course in or outside the State including L.H.V Training Course at DRDA

Institute New Delhi. The policy of pick and choose shall be discarded. After all the action of the State and its officials has to be judged on the anvil

of fairness in procedure if it is to escape the blemish of arbitrariness and discrimination. The action of the State has to be fair and reasonable. The

case of petitioner for the L.H.V. training course at DRDA Institute at New Delhi shall be considered alongwith other eligible candidates if she

makes a grade for training on merits on norms and guidelines made thereto. Her case shall be recommended for the purpose alongwith other

eligible candidates on her own turn.

Writ petition alongwith CMP is disposed accordingly.