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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10629 OF 2012
Vishwajit Panchakshari Mathpati
& Ors. ..Petitioners.
versus
The State of Maharashtra,
Through Secretary, Public Health
Services Dept. & Ors. ..Respondents.
.....
Mr. Laxman Deshmukh for the Petitioner.
Ms. S.S. Bhende, AGP., for Respondents.
......
CORAM : DR.D.Y.CHANDRACHUD, AND
A.A. SAYED, JJ.
17 DECEMBER 2012.
ORAL JUDGMENT (Per Dr. D.Y. Chandrachud, J.) :
The twelve Petitioners are staff nurses working in hospitals conducted by the First Respondent. Each of them has completed the B.Sc. (Nursing) degree course. The Petitioners were hence eligible for admission to the M.Sc. (Nursing) degree course. The Petitioners applied for the Post Graduate Degree Course in Nursing. The application forms of the Petitioners were accepted and they appeared for the common entrance test in the month of September 2012. Upon the declaration of the results, the Petitioners were selected in order of merit and started attending their classes following the grant of admission. On 1 October 2012, the Director of Medical Education and Research, the Fourth Respondent, issued a letter to the Director of Health Services to relieve the Petitioners for the course. An order has been issued on 30 October 2012 by the First Respondent refusing ::: Downloaded on - 09/06/2013 19:29:56 ::: dmt 2/4 wp10629-12.sxw to relieve the Petitioners for study leave on the ground that they have not completed five years' of service after completion of the B.Sc. (Nursing) degree.
2. The Indian Nursing Council which is constituted under the Indian Nursing Council Act, 1947 has prescribed the syllabus and regulations for the Post-graduate Degree Course of M.Sc. (Nursing). The eligibility criteria for admission stipulate a minimum of one year of work experience prior to or after the post basic B.Sc. Nursing degree. Admittedly, each of the Petitioners fulfills the criteria for admission prescribed by the Indian Nursing Council.
3. ig In the affidavit in reply it has been stated that though the Indian Nursing Council has prescribed an eligibility requirement of one year work experience before or after the post basic (Nursing) Degree, the State Government has insisted on a five year work experience requirement. The State Government has in the reply of the Deputy Director of Nursing stated that the Government spends an amount of Rs. 3.60 lakhs per year towards the salary of each candidate and since the Petitioners have completed the post basic B.Sc. (Nursing) Course on deputation with full payment of salary, it was the view of the Government that every candidate should render teaching and/or clinical services for a minimum of five years. A bond is stated to have been executed by the Petitioners stating that after completion of the post basic B.Sc. (Nursing) Course, each of the Petitioners would serve the State Government for a minimum of five years. Learned Counsel appearing on behalf of the Petitioners has stated before the Court that the Petitioners have filed undertakings to the effect that they would in fact serve the State Government for a period of five years after the completion of the M.Sc. (Nursing) Degree. However, it has been submitted that once the Central Council has laid down the norms for eligibility, it is not open to the State Government to ::: Downloaded on - 09/06/2013 19:29:56 ::: dmt 3/4 wp10629-12.sxw prescribe any norms at variance.
4. The Indian Nursing Council Act, 1947 is relatable to the power conferred upon Parliament by Entry 66 of the Union List to the Seventh Schedule. In State of Tamil Nadu & Anr. vs. Adhiyaman Educational & Research Institute & Ors. ,1 the Supreme Court has held that it is not open to the authorities under the State Government to prescribe norms at variance with what is prescribed by the AICTE constituted under the All India Council for Technical Education Act, 1987. Even a more stringent norm cannot be prescribed. In the present case, once the Indian Nursing Council has prescribed the norms of eligibility for admission to the M.Sc. (Nursing) Course, it was not open to the State Government to prescribe conditions at variance with those prescribed by the authority acting under the central legislation enacted with reference to Entry 66 of the Union List. In the circumstances, the ground which has been advanced on behalf of the State Government for declining to relieve the Petitioners is contrary to law. We accordingly set aside the communication dated 30 October 2012 (Exhibit "H").
5. During the pendency of this Petition, the admissions that were granted to the Petitioners were protected by an ad- interim order dated 6 November 2012. In consequence of the direction which has been issued by the Court as aforesaid in these proceedings, we direct the Respondents to relieve the Petitioners on study leave for the purpose of pursuing the M.Sc. (Nursing) degree Course for academic year 2012-13. We also direct that the admissions granted to the Petitioners, who are otherwise eligible, shall not be cancelled for the reason which has been advanced.
6. The Petitioners shall stand relieved from the effective date of the commencement of their course. We however record the 1 (1995) 4 SCC 104 ::: Downloaded on - 09/06/2013 19:29:56 ::: dmt 4/4 wp10629-12.sxw undertaking of the Petitioners as noted earlier that upon completion of the M.Sc. (Nursing) degree Course, they shall continue to serve the State Government in accordance with the bond executed.
7. Rule is made absolute in the aforesaid terms. There shall be no order as to costs.
(DR. D.Y. CHANDRACHUD, J.) (A.A. SAYED, J.) ::: Downloaded on - 09/06/2013 19:29:56 :::