2004 INSC 0695
                                    SUPREME COURT OF INDIA

                                                 Rita Kumari

                                                      Vs.

                                                State of Bihar

                                       S.L.P(C) No.17570 of 2003

                           (K. G. Balakrishnan and A. S. Lakshmanan JJ.)

                                                 09.07.2004

                                                   ORDER
Heard learned counsel for the parties.

1. Leave granted.

2. The appellant was appointed as Auxiliary Nurse Midwifery (A.N.M.) in the year 1990,
and her service was terminated on 24-12-1991. The appellant challenged the same by way of
a writ petition. The Division Bench of High Court dismissed the same on the ground that the
appointment was not made in accordance with the rules as there was no specific
advertisement for the appointment. The judgment of the Division Bench is challenged before
us.

3. Counsel for the appellant drew our attention to the circular issued by the State Government
on 26.2.86 and it is submitted that appointment of the appellant was made strictly in
accordance with the circular issued by the Government. As regards these appointments, the
High Court in certain cases has taken different view.

4. We do not want to express any view on this matter; however, in the facts and
circumstances of the case, the respondent-State is directed to reinstate the services of the
appellant within a period of one month. It is recorded that the appellant is willing to forego
her back wages.

5. The appeal is disposed of accordingly.

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