M POONGODI Vs. DIRECTOR OF MEDICAL EDUCATION MADRAS

JUDGEMENT

(1.) The petitioner has come forward with this writ petition for the issue of a certiorarified mandamus calling for the records of the respondents in connection with the order of the second respondent in Ref. No. 3482/N/89 dated 19-4-1989 and the consequential order of the first respondent in L.Dis. No. 93374/PNE/IP89 dated 26-9-1989, and for a further direction to the lst respondent to permit the petitioner to join the Second Year training for the Academic Year 1989-90, and issue such further or other directions.

(2.) The Petitioner was selected and posted under the 2nd respondent in the Government Kasturiba Gandhi Hospital for the course of Nursing Training in 1987-88 Batch. She joined the Course on 1-12-1987. She passed the examination conducted at the end of 12 months period and normally she should have joined the second year training. But, according to her, she fell ill during the annual leave between 1-12-1988 and 31-12-1988, and she could not go to work. According to her affidavit, she worked up to 9-12-1988 and availed of the leave from the said date, and while so, she suffered infectious Hepatitis from 23-12-1988 and became fit to join only after 22-3-1989. She claims to have sent leave letters along with necessary certificates. But, by an order dated 19-4-1989, the 2nd respondent had said that she was deemed to have been terminated with effect from 9-12-1988. It is also stated in the affidavit that in spite of repeated requests stating the ground of her illness with medical certificates, etc., by an order dated 26-9-1989, the respondents have rejected the petitioner's requests, driving her to this Court under Article 226 of the Constitution of India.

(3.) A counter-affidavit is filed by the 1st respondent in which it is stated that after the expiry of the annual leave on 1-12-1988, the petitioner ought to have joined the training. But she did not do so, nor did she send any intimation to the concerned authorities regarding her extension of leave giving reasons therefor. Hence an intimation was sent to the petitioner by registered post by the Superintendent of the Government Kasturba Gandhi Hospital in Office Ref. No.3482/N/89 dated 13-2-1989 informing her that she must report for Training immediately. Simultaneously, another letter was sent to her father Thiru A. Manickam, informing him that his daughter had not joined the training on 31-12-1988 and as such, requesting him to instruct his daughter, the petitioner herein, to report for training immediately. But, neither the petitioner nor her father sent any reply to the letter dated 13-2-1989. The petitioner continued to be absent till 16-3-1989, and on 17-3-1989, the petitioner reported before the second respondent expressing her willingness to rejoin the training. According to the counter-affidavit, there was no provision in the regulations governing the training course for allowing the Nursing Pupil who had absented herself from training for more than three months at any one time, and so the petitioner was not allowed to join the course. It is also stated that the petitioner having unauthorisedly absented herself for more than three months, she was not entitled to claim re-admission to the course.