Staff Selection Comission Through Its Chairman & Ors. vs Anjali Dabas
- Court
- Delhi High Court
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010463902026
+ W.P.(C) 14281/2026, CM APPL. 66824/2026 & CM APPL.
66825/2026
STAFF SELECTION COMISSION THROUGH ITS
CHAIRMAN & ORS. .....Petitioners
Through: Mr. Anil Panwar, SPC with Mr.
Tanishq Panwar, Mr. Nikhil Goel, Mr. Sahej
Sawhney, Advs.
versus
ANJALI DABAS .....Respondent
Through: Mr. Gaurav Arya, Mr. Naveen
Bamel, Mr. Aakarshak Rathi and Mr. Manav
Trivedi, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MS. JUSTICE NIVEDITA ANIL SHARMA
JUDGMENT (ORAL)
% 02.11.2026
C. HARI SHANKAR, J.
1. We are seriously disturbed at the fact that cases such as this are
being made subject matter of challenge before this Court.
2. The respondent applied for recruitment as Nursing Officer
(Allopathic) following an advertisement issued on 24 September
2021. She is an unreserved category candidate.
3. The essential educational qualifications prescribed for the post
reads thus:
Signature Not Verified
W.P.(C) 14281/2026 Page 1 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50
7. Qualification as laid down in the notified Recruitment
Rules including any relaxation:
(a) Essential (i) B. Sc. (Hons.) in Nursing from a
recognized university; OR
(i) Regular course in B. Sc. Nursing
from a recognized University or
Institute; OR
Post Basic B.Sc. Nursing from a
recognized University or Institute;
(ii) Registered as a Nurse or Nurse
and Midwife (Registered Nurse and
Registered Mid-Wife) with State
Nursing Council; OR
2. (i) Diploma in General Nursing
Midwifery from a recognized board
or Council;
(ii) Registered as a Nurse or Nurse
and Midwife (Registered Nurse and
Registered Mid-Wife) with State
Nursing Council; and
(iii) One years' experience in
minimum fifty bedded hospital after
acquiring the educational
qualification mentioned at 2(i)
above.
4. The closing date for submission of application was 25 October
2021. The candidates were required to satisfy the prescribed
educational qualifications on or before 1 January 2021.
5. The respondent was issued the following certificate of
registration by the Delhi Nursing Council on 21 August 2018:
Signature Not Verified
W.P.(C) 14281/2026 Page 2 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50
“CERTIFICATE OF REGISTRATION
This is to certify that Ms. Anjali Dabas D/O Mr. Devender
Singh has taken a Programme of Study for General Nursing and
Midwifery at Sushila School of Nursing, Delhi from August 2015
to July 2018 and has passed the examination for Nurses and
Midwives conducted by Delhi Nursing Council in July 2018 and is
admitted in the Nurses and Midwives Register maintained under
the provisions of the Delhi Nursing Council Act, 1997 (Delhi Act
No. 3 of 1999) as a REGISTERED NURSE and REGISTERED
MIDWIFE.
The number assigned to her in the Register as a Nurse is: 76615
The number assigned to her in the Register as a Midwife is: 76615
st
Dated at Delhi, the 21 day of August 2018”
6. Thereafter, she transferred her registration to Punjab, which
issued her two registration certificates on 12 March 2021 and 25
August 2021, which read thus:
“Registration Certificate General Nursing and Midwifery
This is to certify that
Miss/Mr. ANJALI DABAS
D/o/S/o Sh. DEVENDER SINGH
has taken the training at SUSHILA SCHOOL OF NURSING,
DELHI from Aug-2015 to July-2018
has passed the examination for General Nursing and Midwifery
conducted by DELHI NURSING COUNCIL
in July-2018 and is admitted to the Nurse and Midwives Register
maintained under the provisions of Section 14 of Punjab Nurses
Registration Act 1932 as a Registered Nurse and Midwife.
Registration Number assigned to him/her in the register as
Registered Nurse 122777 Registered Midwife 122777
Dated 12-Mar-2021 at SAS Nagar (Mohali).”
“Registration Certificate Bachelor of Science in Nursing (Post
Basic)
This is to certify that Miss/Mr. ANJALI DABAS D/o/S/o Sh.
DEVENDER SINGH has taken the training at MOTHER MARY
Signature Not Verified
W.P.(C) 14281/2026 Page 3 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50
INSTITUTE OF NURSING, NASRALA, HOSHIARPUR from
Oct-2018 to Dec-2020 has passed the examination for Post Basic
BSc. Nursing conducted by BABA FARID UNIVERSITY OF
HEALTH SCIENCES, FARIDKOT and is admitted to the Nurse
and Midwives in June-2020 Register maintained under the
provisions of Section 14 of Punjab Nurses Registration Act 1932 as
a Registered Nurse and Midwife.
Registration Number assigned to him/her in the register as
Registered Nurse 122777 Registered Midwife 122777
Registration Number assigned to him/her in the register as
Registered B.Sc Nursing (Post Basic) is 11844
Dated 25-AUG-2021 at SAS Nagar (Mohali).”
7. It is also an admitted position that, on 1 January 2021, the
respondent was already holding post basic B.Sc. Nursing qualification
as envisaged by Clause 1(ii) of the prescribed educational
qualifications, issued on 1 December 2020. The said degree is also
part of the record in the present proceedings.
8. Despite this, the respondent’s candidature was cancelled by the
rejection order. The ground for rejection reads thus:
Sl.
No.
Reg.
No.
Roll No. Name DOB Cat. Status of
Scrutiny
33. 950005
08532
7193080314 Anjali
UR Rejected
(EQ not
fulfilled,
registration
after cut-off
date
9. Aggrieved thereby, the respondent approached the Central
07/05
/1992
Dabas
1
Administrative Tribunal by way of OA 1855/2021. The Tribunal has,
1
“the Tribunal” hereinafter
Signature Not Verified
W.P.(C) 14281/2026 Page 4 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50
by judgment dated 29 January 2026, allowed the OA.
10. The Tribunal has observed that, inasmuch as the respondent had
been issued a certificate registering her as a nurse, by the Delhi
Nursing Counsel, in 2018, which was prior to the crucial date of 1
January 2021, her candidature could not have been rejected on the
ground that her certificate was issued after the cut off date.
11. Mr. Panwar’s fundamental submission before us is that the
certificate issued in 2018 could not have been taken into consideration
as it was issued before she obtained the requisite essential B.Sc.
qualification prescribed in the advertisement.
12. We are unable to accept this submission, as the educational
qualifications, as prescribed, do not require the registration of the
candidate as a nurse to have been secured after obtaining the
prescribed educational qualifications . Had the advertisement so
intended, it should have specifically stated that the registration had to
be after obtaining the prescribed educational qualifications and before
the cut-off date of 1 September 2021. In the absence of any such
stipulation, the certificate of registration as a nurse, issued to the
respondent by the Delhi Nursing Council in 2018, sufficed for her to
be treated as satisfying the requirement of Clause 2(ii) of the
educational qualifications prescribed in the advertisement, and we are
of the opinion that the Tribunal was correct in so holding.
13. As we opined towards the beginning of this judgment, we feel
that this petition ought not to have been filed at all. The SSC has
Signature Not Verified
W.P.(C) 14281/2026 Page 5 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50
adopted a view which, besides being legally unsustainable, is also
unnecessarily myopic. A nurse discharges duties in the health sector.
Qualified doctors and nurses are an asset to the society. A professional
doctor or nurse, who is actually qualified, should not be thrown out of
consideration by adopting an unjustifiably restricted view of the
prescribed qualifications.
14. While, whichever view is adopted, the respondent would be
entitled to be treated as eligible for being recruited as Nursing Officer
(Allopathic), she possesses as many as three certificates issued by the
competent State Council authorities, registering her as a nurse and also
satisfies the requisite educational qualification.
15. We feel that the SSC ought to have graciously accepted the
order of the Tribunal instead of challenging it before this Court. Be
that as it may, for the aforesaid reasons, we are unable to interfere in
this writ petition, which is accordingly dismissed in limine .
16. We further direct that order passed by the Tribunal be positively
implemented within four weeks from today.
C. HARI SHANKAR, J.
NIVEDITA ANIL SHARMA, J.
NOVEMBER 2, 2026/ dsn
Signature Not Verified
W.P.(C) 14281/2026 Page 6 of 6
Digitally Signed By:AJIT
KUMAR
Signing Date:06.11.2026
18:45:50