VIJAYAKUMARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition the petitioner has questioned the constitutional validity of Note 1(f) of rule-7 of the Rules for the training of Candidates in Sick Nursing and also the legality of the order made there-under by which her admission to the Nursing Course was cancelled on the ground that she got married after joining the training course.

(2.) The petition has come up for orders. By consent of both the learned Counsel, it is taken up for final hearing in view of the urgency of the matter, as also for the reason that the matter is covered by the ratio of the judgment of the Supreme Court in the case of Air India v Nergesh Meerza and Others (AIR 1981 SC 1829).

(3.) The facts of the case in brief are as follow: The petitioner joined respondent-2 Medical College, Hubli, as a trainee nurse, general nursing Course, in the year 1987. After she completed one year and before she completed the second year of the Course, her admission to the Course was cancelled by order dated 22-4-1987. The relevant portion of the order reads : <IMG>JUDGEMENT_292_KANTLJ3_1988Image1.jpg</IMG> As can be seen from the above order, the cancellation was for the reason that the petitioner got married and that act of her was violative of the Rules for the Training of Candidates in Sick Nursing (hereinafter referred to as 'the rules'). Learned counsel for the respondents also submitted that the cancellation was in terms of a clause in the agreement signed by the petitioner. In the petition the petitioner had originally challenged the legality of the impugned action and by subsequent amendment she has also questioned the constitutional validity of the rule itself.