Bombay High Court
Vishwajit Panchakshari Mathpati vs The State Of Maharashtra on 17 December, 2012
Bench: Dr. D.Y. Chandrachud, A.A. Sayed
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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
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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
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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
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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.)
