High Court scraps ANM/FHW recruitment in Nagaland over irregularities; orders amendment of eligibility rules

DIMAPUR — The Gauhati High Court, Kohima Bench has quashed the entire recruitment process for 61 posts of Auxiliary Nurse Midwife (ANM) and Female Health Worker (FHW) under the Nagaland Health and Family Welfare Department, citing “serious and glaring irregularities” in the way the Nagaland Staff Selection Board (NSSB) conducted the examination.

Justice Mridul Kumar Kalita, in his judgment delivered on Tuesday, held that the NSSB acted arbitrarily when it issued two contradictory lists of shortlisted candidates within 24 hours in May 2024— the first on May 22, followed by a corrigendum the next day which dropped the names of 17 petitioners without explanation and added 68 new names.

He observed that the process had compromised the sanctity of public recruitment. “The manner in which two select lists for viva-voce were published on consecutive dates by the NSSB without mentioning the reason for doing so in the subsequent list… itself cast doubt on the sanctity of the said examination process,” the court said.

It said that such lapses have “certainly undermined the public trust as far as the recruitment process for filling up the posts of ANM/FHW is concerned. It has also violated the fundamental rights guaranteed under Article 16(1) of the Constitution of India, not only of the petitioners but also of the private respondents.”

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The court also flagged serious contradictions in the eligibility criteria. Under the Nagaland Nursing Services Rules, 1988, the qualification is “Class-X Standard with 2 years training as ANM/FHW.” Yet the state government, in its requisition to the NSSB in 2022, prescribed “10+2 (Diploma in ANM)”, while the NSSB advertisement in December 2023 stated only “2 years course in ANM.”

“Neither the educational qualification mentioned by the Government in its requisition form to the NSSB conforms with the educational/eligibility criteria prescribed by the 1988 Rules, nor the educational/eligibility criteria mentioned in the advertisement issued by the NSSB conforms with the criteria prescribed by the said Rules,” the Court remarked.

These contradictions, it warned, created “chaos and confusion, not only amongst general public but also in the public authorities as has happened in the instant case.”

The judge noted that the corrigendum dated May 23, 2024 — which removed the petitioners’ names — contained no explanation.

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Citing the Supreme Court’s ruling in Mohinder Singh Gill vs. Chief Election Commissioner (1978), the Court stressed: “Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do.”

On this basis, Justice Kalita ruled: “The impugned corrigendum dated 23.05.2024 does not pass the test laid down by the Apex Court… The subsequent written clarification… does not cure the vice of issuing the impugned corrigendum without stating any reasons therein for doing so.”

Declaring that “the sanctity of the recruitment process has been compromised,” the Court issued several directions including cancellation of the ANM/FHW recruitment process initiated through the NSSB’s Combined Educational and Technical Services Examination 2023 and set aside both the May 22 and May 23 lists.

The NSSB has been directed to notify the cancellation widely in leading local newspapers as well as on its website.

The court further acknowledged that ANM and FHW courses are treated as equivalent by the Nagaland Nursing Council and the Indian Nursing Council, but pointed out discrepancies in training duration and entry qualifications.

“In order to accommodate the candidates who have undergone ANM or FHW courses imparted by the institutions recognised by the Indian Nursing Council, the Nagaland Nursing Services Rules, 1988 is urgently required to be amended,” it said, directing the state government to carry out the amendment within 45 days to clearly define eligibility.

After the amendment, a fresh requisition must be sent to the NSSB within 15 days, “strictly complying with the provisions of Regulations 14 of the NSSB Regulations 2020, for filling up the vacant posts of ANM/FHW which exist at the time.”

“After receipt of the aforesaid requisition from the government, the NSSB shall issue the necessary advertisement for the same within fifteen (15) days,” it added.

The court further allowed previous applicants to reapply with age relaxation for the time lost, adding that the new recruitment process should be completed within six months of the new advertisement.