Delhi HC: a writ court cannot order the creation of posts, which remains a policy decision

The Delhi High Court dismissed a petition by a nurses' union challenging the recruitment rules of the Vallabhbhai Patel Chest Institute, an institution maintained by the University of Delhi, and its March 2021 advertisement for a Nursing Superintendent. The union relied on Norms for Nurses in Central Government Hospitals, saying a post of Nursing Superintendent belongs only in hospitals with 250 or more beds, whereas this hospital had 128. It also sought directions to fill a vacant post and increase nursing staff. A Division Bench of Justices Avneesh Jhingan and Shail Jain held that the foundation of the petition did not exist.

Clause 1.1 of the Norms was framed for seven named hospitals, this institute was not among them, and nothing extended the Norms to it. The health ministry had said so in reply to the union's own representation. Even on its terms, Clause 5.6 was a positive statement that there will be such a post in every hospital with 250 or more beds. It did not prohibit one in a smaller hospital.

Comparisons with AIIMS and ESIC hospitals did not help, and the institute's unrebutted stand was that no serving staff were eligible for promotion to the vacant post. On staffing, the Court followed Union of India v. Ilmo Devi: a High Court cannot, under Article 226, issue a mandamus to create and sanction posts. This is a Delhi High Court ruling, binding within Delhi, not a Supreme Court precedent.