HC refuses to stall Staff Nurse Grade-II recruitment process
Kolkata: The Calcutta High Court on Thursday refused to stall the recruitment process of Staff Nurse Grade-II, the notification of which was challenged by a group of male candidates who have completed B.Sc. nursing course in recognised institutions of the state.
The matter was heard by the Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya, who held: “Unless rule is stuck down, you cannot quash the notification.”
The advocate for the petitioners, who are passed B.Sc Nursing male students, raised contention over the amendment of the West Bengal Nursing Personnel (Recruitment) Rules, 2015 which specified the percentile of male and female candidates to be appointed in the post of Staff Nurse.
The Division Bench observed: “Now they have challenged the rule, we will not stay the notification, but you have to answer to the rule. If you say that there is no institution in West Bengal offering B.Sc. Nursing to male candidates, this will be right. But if you are recognising the affiliated institutions offering them B.Sc. Nursing, can you shut them out on public employment by reserving the entirety in favour of the female candidates?”
It was challenged on the grounds of Article 15 (State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them) and 16 (prohibits discrimination in employment in any government office) of the Constitution.
Under the 2015 rule, the ratio for the post of Staff Nurse Grade-II will be 65 per cent for General Nursing and Midwifery, 33 per cent for Basic B.Sc. Nursing and two per cent for Post Basic B.Sc Nursing passed candidates.
The advocate for the petitioners pointed out that no gender was mentioned here. Subsequently, the rule was amended and enforced on April 27, 2018.
The amended rule stated that 33 per cent shall be filled up from regular B.Sc. Nursing passed female candidates, two per cent from Post Basic B.Sc. Nursing passed female candidates, 65 per cent from General Nursing and
Midwifery (GNM) passed candidates amongst which 90 per cent from GNM passed female candidates and 10 per cent from GNM passed male candidates.
It was submitted that based on this, an appointment was notified in 2022, wherein no male candidates who have passed regular B.Sc. Nursing was allowed.
