Madhya Pradesh High Court
Ritu Patel vs The State Of Madhya Pradesh on 20 June, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:26632
1 RP-809-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 20th OF JUNE, 2025
REVIEW PETITION No. 809 of 2025
RITU PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hitendra Singh Golhani, Advocate for Petitioners.
Shri Manas Mani Verma, Govt. Advocate for respondents-State.
ORDER
Per: Justice Vivek Agarwal
This Review Petition is filed by review petitioners being aggrieved
of the common order dated 28.4.2025 passed in Writ Petition
No.5747/2023, whereby, petitioners are challenging the observations
made by Hon'ble Division Bench in para 53(b), whereby Hon'ble
Division Bench vide impugned judgment held that :-
"53(b). Those candidates who have acquired ANM training and
were admitted prior to Session 2012-2013 and have completed ANM
training of 18 months would be held eligible to apply in the selection
test, however, those candidates who have been admitted in any college
from the Session 2012-13 and thereafter would not be deemed eligible if
they have obtained 18 months ANM training in place of 24 months."
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Shri Golhani, learned counsel for petitioners submits that on
03.01.2012, vide Annx.R/2, Indian Nursing Council (hereinafter referred
to as 'INC' for short), Combined Councils Building, Kotla Road, Temple
Lane New Delhi, issued notification in file No.1-5(GB)Cir/2011, to the
effect that admission criteria has been enhanced for ANM i.e. from 10 th
to 12th standard from 2012-2013 academic year and for General Nursing
and Midwifrey (GNM) the Admission criteria will be 10+2 with science
with minimum 40% marks.
It is further mentioned in Clause 15(a), that minimum eligibility
criteria for ANM course shall be 12 th pass instead of 10t h pass training
shall be of 2 years duration from 2012-13 academic year.
It is submitted that State Government had issued an advertisement
on 18.01.2012 and in that they had mentioned qualification of 10th pass
under 10+2 Scheme. Thus, it is submitted that since State Government
had not adopted the Nursing Council Circular dated 03.01.2012 and had
not mandated 24 months training, therefore, that cannot be applied
retrospectively.
It is submitted that if benefit has been given to the persons who
had acquired qualification by obtaining admission in ANM course upto
the academic session 2011-2012, then why it is not being extended to the
persons who obtained admission in the academic session 2012-2013 ?
Shri Manas Mani Verma, learned Govt. Advocate for State, in his
turn submits that INC is the apex body entitled to prescribe standards of
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nursing education. Once an amendment was proposed in the relevant
regulation and qualification of 12th pass in place of 10th and duration of
training of 24 months in place of 18 months was prescribed well in
advance of beginning of academic session 2012-2013, then it being a
mandatory condition, there is no error in the impugned judgment calling
for interference.
At this stage, Shri Hitendra Golhani, learned counsel for
petitioners raises new plea of legitimate expectation and submits that
review petitioners having obtained said degree and worked for certain
years on contractual basis have legitimate expectation of being
considered for employment on the basis of their 18 months training
certificate/10th pass qualification.
After hearing learned counsel for the parties and going through the
record, the factual backdrop is that State had debarred all the ANMs who
had obtained ANM certificate after passing 10 t h Class and who had
undergone 18 months training.
Hon'ble Coordinate Bench taking this fact into consideration that
qualifications as were amended, were prescribed vide Circular dated
03.01.2012 and will therefore not have any retrospective application vide
para 53(a) and (b) of the impugned judgment allowed those persons who
had taken admission in the nursing course uptil academic session 2011-
2012 to the effect that they possess valid certificate. However, it has
been rightly held that once INC had prescribed certain qualifications to
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4 RP-809-2025
be applied w.e.f. academic session 2012-2013, and if they were not
followed by the State Government or any other authority, then such lapse
will not supersede the mandatory and statutory prescription made by
INC.
As far as legitimate expectation is concerned, this plea cannot be
raised by persons who are not having legitimate qualification.
When impugned judgment is viewed in the aforesaid backdrop,
then we do not find any illegality or shortcoming so to persuade us to
review orders of the Coordinate Bench.
Review Petition fails and is dismissed.
(VIVEK AGARWAL) (VIVEK JAIN)
JUDGE JUDGE
A.Praj.
