T P PREMA Vs. INDIAN NURSING COUNCIL

JUDGEMENT

(1.) IN this writ petition, the petitioner has sought for quashing the impugned notice in so far as item No. 1 is concerned bearing F. No. 18-15/1795-INC dated 20-7-2005 (Annexure-A) issued by the Indian Nursing Council the respondent herein, to the College of Nursing, Sanjay Gandhi Accident hospital and Research Institute, Bangalore-11 and a writ of mandamus directing the Indian nursing Council to approve the appointment of the petitioner as Principal of the said college.

(2.) ACCORDING to the petitioner, she completed her B. Sc. , in Nursing from Osmania university in the year 1973 and thereafter obtained Diploma in Psychiatry Nursing in nimhans, Bangalore in the year 1979 with first Rank and in Distinction and later did her master of Science in Nursing from the University of Hawai, USA and subsequently nimhans conferred Ph. D. Degree in Psychiatric Nursing in April 1996. Annexure-B and Annexure-C are produced in support of the two Post-Graduate Degrees conferred on the petitioner. The petitioner also states that, she is a recipient of a Gold Medal awarded by NIMHANS and W. S. O. awarded Fellowship in the year 1990 and that she has published sixteen papers in National and International Journals and has attended several Conferences and has published a Book in the entitled "essentials of Neurological Neurosur-gical Nursing". The petitioner also states that she has attended several workshops and has been an active member of Karnataka Nursing council.

(3.) ACCORDING to the petitioner, subsequent to seeking voluntary retirement from nimhans, she was appointed as Principal of Sanjay Gandhi College of Nursing vide appointment order dated 12-1-2005 produced as Annexure-D and joined the said institution on 27-1-2005 as per Annexure-E. While she was serving as a Principal of the said college, the respondent issued notice dated 20-7-2005, which is impugned in this writ petition. The relevant portion of the notice is extracted as follows :-