LEELA Vs. INDIRA GANDHI NATIONAL OPEN UNIVERSITY

JUDGEMENT

(1.) PETITIONER is a scheduled caste student who completed B. Sc. Nursing programme in Indira Gandhi National Open University. Before joining b. Sc. Nursing course, she passed pre-degree course with science subjects as optionals (10+2) in the year 1987. She-also undergone Auxiliary Nurse Midwifery certificate course conducted by the Kerala Nurses' and Midwifery Council in the year 1989. Duration of the above course is 18 months and is also recognized and accepted by the Indian Nursing Council. After passing the ANM certificate course petitioner joined the Kerala State Health Service as Junior Public health Nurse in 1989 and has more than 81/2 years experience in the profession. Indira Gandhi National Open University, a Government aided institution has issued prospectus for admission to B. Sc. Nursing degree programme. The above university is conducting courses to help the economically backward persons who cannot afford studying in regular Universities to get higher education. B. Sc. Nursing course for the in-service students was started for the following objects as mentioned in the Prospectus: "the preparation and launching of B. Sc. Nursing degree programme has been agreed upon by IGNOU, at the request of Indian nursing Council. The need for this was felt as the current pace of providing higher education to working nurses is very slow due to shortage of colleges of nursing and paucity of seats available in each. As per the New Policy on education, the emphasis is on the need for making higher education available within the reach of all. Launching of B. Sc. Nursing programme through Open university will meet this objective. Further it also will contribute towards the growth of Nursing profession, promote nation's idea of accelerating women's education and uplifting the weaker sections of the society while ensuring better health care services for the country. The development of this programme has been undertaken with the involvement of nursing experts and scientists and educationists from related disciplines. "

(2.) MAIN objective of the programme was to provide opportunity to a large segment of in-service nurses to upgrade their knowledge and skills. Eligibility criteria was mentioned in paragraph 2. 2 of the prospectus which is as follows: "2. 2 Eligibility Criteria for Admission to the programme The admission is open to in-service nurses working in the hospital and community. i) Those who have passed 10+2 with three years Diploma in general Nursing and Midwifery or any other nursing course of 6-9 months duration lieu of midwifery with minimum of two years of experience in the profession; or ii) Those who have passed 10th class (Matriculation) or its equivalent with three years Diploma in General Nursing and Midwifery or any nursing course of 6-9 months duration in lieu of midwifery with minimum of five years of experience in profession. Only those candidates who satisfy the eligibility criteria fixed by the University will be considered for admission. " Since the petitioner had 10+2 educational qualification with certificate in nursing course of 18 months duration and more than eight years of experience and was an in-service candidate, she applied for admission to the B. Sc. Nursing programme. After going through the necessary documents, petitioners were admitted to the above course. Paragraph 2. 2 of the prospectus states that only those candidates who satisfy the eligibility criteria fixed by the University will be considered for admission and they were considered and petitioner was given admission in 1995. She had undergone the course in the centres and the agreed fee for the programme was also remitted.

(3.) IN Shri Krishnan v. The Kurukshetra University (AIR 1976 SC 376) the Supreme Court held that after admission of the student verifying the documents submitted, University has no right to send out the student stating that original decision of the University was wrong. IN this case, petitioner who was a scheduled caste student has passed plus two examination and 18 months' ANM course conducted by Kerala Nurses and Midwifery council recognised by the Nursing Council and had more than eight year experience. Considering the objects of the University and considering the prospectus, it cannot be stated that the above qualification of the petitioner is not sufficient. Here petitioner was admitted and completed the course and therefore, I am of the view that the principles laid down by the Supreme Court in the decision referred to above is applicable and prohibiting the petitioner from writing the final year examination after completing the course and after spending lot of money is illegal.