MERCY SELVAM D S/O DENIYEL RAJ Vs. KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE-560009, THE SECRETARY MEDICAL EDUCATION VIKAS SOUDHA BANGALORE AND MATRU SCHOOL OF NURSING - 29, KAMAKSHIPALYA MAGADI MAIN ROAD BANGAL

JUDGEMENT

(1.) PETITIONERS who passed the X Std examination and two year vocational course in institutions recognized by the Tamil Nadu Higher Secondary Board having made applications for admission to GNM (General Nursing and Midwifery) course in the 3rd respondent -college for the academic year 2011 -12, have presented these petitions for a writ of mandamus to the 1st respondent to approve their admissions to the 1st year GNM Course and to direct the 1st respondent to forward the list of students to the Nursing Examination Board to enable the petitioners to appear for the First year GNM course examination scheduled in the near future. Heard the Learned Counsel for the parties and perused the pleadings. There is no dispute that the Indian Nursing Council, in exercise of its power under the Indian Nursing Council Act, 1947 published a syllabi and regulations prescribing the terms and conditions for admission of candidates to three year GNM course which includes the minimum educational requirement of 12 years in schooling. In other words, minimum academic qualification is a pass in 12th class examination or its equivalent. The Karnataka State Nursing Council established under the Karnataka Nurses, Midwives and Health Visitors Act, 1961 mandates the registration of Nurses, Midwives and Health Visitors consisting of such numbers and divided into such parts as prescribed. Examination for those admitted to undergo a course in general nursing and midwifery is conducted by the Karnataka Nursing Examination Board which examines the eligibility of candidates admitted to the course and permits those eligible to appear.

(2.) THE question whether the qualification secured by the petitioners can be said to be a 12th Std. prescribed by the Karnataka Nursing Council, essential for admission to the nursing course as since conceded by the 1st respondent -Karnataka Nursing Council in the light of the admissions approved in the previous academic year 2010 -11 in respect of students who possessed the 10 year schooling + two years of vocational course in Tamil Nadu. If that is so, there can be no discrimination over the claim of the petitioners for similar such treatment at the hands of the 1st respondent.

(3.) SHRI . Shivarudra, Learned Counsel for the Karnataka State Nursing Council, does not oppose the submission. For the very same reason as are set out in the aforesaid order, these petitions are accordingly allowed. In the result, the petitions are allowed in terms of the order dated 01.06.2012, in W.P.17016 -76/2012 extracted below: 6. On hearing the learned Advocates, I pass the following order: