W.P.(C)/8089/2019 of MS. USHA KUMARI Vs UNION OF INDIA AND ORS. on 30 September 2026

O R D E R

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30.09.2026

1. This petition is filed seeking quashing of the notification bearing Ref. No. VPCI/Admn-II/RR/2019/4647 dated 14.03.2019.

2. During the course of the proceeding, it has been revealed that the petitioner is simultaneously pursuing two writ petitions for the same relief.

3. On a pin-pointed query from the Court learned counsel for the petitioner fairly submits that at the time of filing of both the present writ petition and the subsequent writ petition being W.P.(C) 5655/2021 filed through the Delhi Nurses Union (for short ‘the Union’), the petitioner was serving as the Vice-President of the Union.

4. The judgment in the subsequent writ petition being W.P.(C) 5655/2021, has been reserved today.

5. Learned counsel for the petitioner on instructions and in pursuance of the order dated 19.01.2021, contends that the present petition is not being pressed at this stage, with liberty to the petitioner to avail remedies in Draft Only This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 10:59:40

accordance with law before the appropriate forum, if the need so arises. 5.1 The operative portion of the order dated 19.01.2021 reads as under: “7. Without the petitioner being entitled to the post of Nursing Superintendent, the petitioner has no cause of action for impugning the Recruitment Rules for recruitment to the post of Nursing Superintendent and this petition, to that extent, is premature. Surprisingly, while the filing date of this petition is of the year 2019, the filing date of the petition filed for promotion to the post of Assistant Nursing Superintendent is of the year 2020. The petitioner appears to have filed the W.P.(C) 719/2020, as an afterthought.

8. Be that as it may, we have considered the options of either disposing of this petition with liberty to the petitioner to as and when eligible for promotion from the post of Nursing Superintendent, make challenge as made in this petition or to club this petition with W.P.(C) 719/2020 and finding that the pleadings in this petition have been completed, deem it appropriate to opt for the latter of the aforesaid options.

9. The counsel for the petitioner is agreeable that if W.P.(C) 719/2020 is dismissed, axiomatically this petition will also be dismissed and if W.P.(C) 719/2020 is allowed, then the question whether this petition is to be considered or not, will be examined afresh.

10. All the pending applications for interim relief are dismissed as infructuous. It is clarified that there is no stay of recruitment to the post of Nursing Superintendent, as far as this petition is concerned.”

6. The petition is disposed of with liberty as prayed for. AVNEESH JHINGAN, J SHAIL JAIN, J SEPTEMBER 30, 2026/PT Draft Only This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 10:59:40