JABALPUR, India, March 8 -- Madhya Pradesh High Court issued the following judgment/order on Feb. 5:

1. Petitioners seek quashing of notification dated 02.02.2019 and seek a direction to the respondent to consider the petitioners for recruitment to Grade-5 Staff Nurses, Multipurpose Female Health Workers (A.N.M.) and others through Direct Posting and Backlog Common Recruitment Examination, 2023 and call them for the documents verification.

2. Said issue has already been considered and decided by a coordinate Bench of this Court in W.P.No.5747 of 2023 (title Tabassum Quraishi and Others Vs. State of M.P. and Others), wherein the impugned notification dated 02.02.2019 has been read down and the said petition and other connected petitions have been disposed of with the following the directions :-

"53. Therefore, while upholding the validity of the notification dated 02.2.2019, we hold that the said notification dated 02.02.2019 has to be read down to avoid retroactivity, so as not to operate against those candidates who had obtained the qualifications prior to the date of notification or prior to the rules being amended or guidelines being issued by the INC. Therefore, while rejecting the challenge to the notification dated 02.02.2019 and holding the same to be constitutionally valid and intra vires, we issue following directions:-

(a) The candidates having obtained admission in ANM course/training after passing Class-10th qualification and admitted prior to Session 2012-13 in ANM course would be eligible to apply for the selection test. However, those candidates who have been admitted in any college from the Session 2012-13 and thereafter would not be deemed eligible if they have obtained admission in ANM course with Class- 10th qualification.

(b) Those candidates who have acquired ANM training and were admitted prior to Session 2012-2013 and have completed ANM training of 18 months would be held eligible to apply in the selection test, however, those candidates who have been admitted in any college from the Session 2012-13 and thereafter would not be deemed eligible if they have obtained 18 months ANM training in place of 24 months.

(c) So far as the requirement of having passed Class12th with Physics, Chemistry and Biology and having passed out from Govt. of M.P. run college is concerned, all those candidates who have been admitted in any nursing institution upto the Session 2018-19 would be entitled for the selection in question even if they have obtained Class-12th qualification from subjects other than Physics, Chemistry and Biology and have taken admission in a college not run by the Govt. of M.P. However for the students admitted in the Session 2019- 20 onwards the said disqualifications would apply to them with full force."

3. Clearly the case of the petitioners is not covered even by the relaxation given by the said judgment and thus the petitioners are ineligible. Accordingly, the petition is disposed of in terms of the judgment of the coordinate Bench of this Court in Tabassum Quraishi (supra).

4. Petition is accordingly dismissed.

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