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Supreme Court of India 2021-03-25 dismissed

SUMAN DEVI & ORS vs STATE OF UTTARAKHAND AND ORS

Bench: 2 — L. Nageswara Rao, S. Ravindra Bhat

In Brief

Registered Auxiliary Nurse Midwives (ANMs) who completed Intermediate education in the Arts stream sought recruitment as Family Health Workers in Uttarakhand. They argued that the recruitment rules requiring Science stream qualification conflicted with the Indian Nursing Council Act and were not validly adopted by Uttarakhand. The Supreme Court dismissed their appeals, holding that the recruitment rules framed by U.P. in 1997-1998, requiring Science stream qualification, validly continued in Uttarakhand upon its formation. The Court found no conflict between state recruitment rules and the INC Act, and held that the State's power to prescribe employment conditions is distinct from the INC's power to set education standards. The omission from an advertisement did not relieve the State from enforcing statutory rules.

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Recruitment and Public Service Constitution - Article 309 Indian Nursing Council Act 1947 Administrative Law State Reorganization Eligibility Criteria Labour Law

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