R LAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE two writ petitions have been filed by the same writ petitioner, one for a direction against the first and second respondents in W. P. No. 23560 of 2006, namely, Government of Tamil Nadu and Director of Medical Education, to consider and promote only such of those Lecturers to the post of Readers in the College of Nursing, having qualifications prescribed by the Indian Nursing Council published in the Regulation for establishing College of Nursing (B. Sc. Nursing) dated 06. 12. 2005, and the other for a direction to quash the order of the third respondent in W. P. No. 28662 of 2006, the Dean of Madras Medical College dated 22. 08. 2006, by which the Dean of Madras Medical College has transferred the petitioner from the post of Lecturer in the College of Nursing, Madras Medical College, Chennai-3 to the College of Nursing, Madurai Medical College, Madurai, relieving her from her duties in the afternoon of 23rd August 2006.

(2.) THE petitioner has acquired Diploma in Nursing and entered into the Government Service as a Nurse on 09. 03. 1981 and worked in Government Tambaram Hospital, Tambaram till the year 1986. As a service candidate, she has undergone B. Sc. Course in Nursing in the Madras Medical College and was awarded degree in the year 1989 and thereafter, she was posted as a Nurse in the Government General Hospital, Chennai. On permission, she has undergone the Post Graduate Degree in Nursing in Christian Medical College, Vellore and acquired the M. Sc. Degree in Nursing and she was posted at Government General Hospital in Chennai. She has registered her Ph. D. in Nursing and was also awarded the Ph. D. Degree in Nursing in June 2005.

(3.) THE Government framed Adhoc Rules prescribing qualifications for various posts in the College of Nursing, like that of Readers and Lecturers and the said Rules were framed in accordance with the Regulations framed by Indian Nursing Council. The post of Lecturer in Nursing was to be filled up by a person possessing a Master Degree in Nursing with three years experience after M. Sc. Nursing. The Government issued G. O. Ms. No. 192, Health and Family Welfare Department, dated 16. 06. 2000 amending the Adhoc Rules by which, for the post of Lecturer, the post of Nurse was included as a feeder category, by deleting the requirement of teaching experience. Eventhough in the year 2000-01, the respondents have drawn a panel for promotion to the post of Lecturers and the petitioner's name was included, she was not promoted. However, certain persons who were not qualified as per the Regulations prescribed by the Indian Nursing Council were included in the panel and the petitioner has in fact, made a representation and ultimately in the year 2004, the respondents have issued an order directing to include the name of the petitioner in the panel of the year 2001-2002 and promoted her. The next avenue of promotion is that of Reader for which the qualification prescribed as per the Regulation of the Indian Nursing Council prior to December 2005 was that, the candidate must have a Master Degree in Nursing with teaching experience after M. Sc. in Nursing and the Adhoc Rules framed by the State Government also provided for the same, namely, the Master Degree in Nursing with five years experience, out of which three years should be in teaching side. However, in the year 2005, Nursing Council of India has issued Amended Regulations prescribing qualifications for the post of Readers, stating that, apart from the Master Degree in Nursing, the candidate should have ten years experience after M. Sc. Nursing in a College of Nursing. It also states that if suitable candidates were not available with such experience, five years of experience in a College of Nursing with ten years of teaching experience can be taken into consideration and also provided that a person who has independently published work or a person with a Doctorate Degree or M. Phil would be desirable. However, consequent to the amendment made by the Indian Nursing Council, the State Government has not effected the amendment with a result, as per the Adhoc Rules framed by the State Government, which was based on the original Regulations of the Indian Nursing Council, it was only M. Sc. Degree in Nursing with five years experience in Nursing, out of which three years is a teaching experience as a Lecturer in Nursing. It was based on the said inconsistent Regulations of the State and the Indian Nursing Council, the respondents were trying to make appointment and it was under those circumstances, the petitioner was constrained to file W. P. No. 23560 of 2006 for a direction as stated above and there was an order of interim injunction granted in the said writ petition on 26. 07. 2006, and the said order copy was made ready on 31. 07. 2006 and was received on 01. 08. 2006 and the same was communicated to the respondents on 02. 08. 2006. The interim order granted was subsequently extended by another three weeks on 10. 08. 2006. The respondents have not mentioned at that time about any promotion made. However, the petitioner came to know on 18. 08. 2006 that the Government has issued promotion on 31. 07. 2006, promoting the third respondent in W. P. No. 23560 of 2006, Mrs. S. Manoranjitham on 18. 08. 2006. According to the petitioner, the said third respondent Mrs. S. Manoranjitham was promoted as Reader and was not having the required qualification prescribed by the Indian Nursing Council and such promotion was made when the order of injunction was in vogue. It was under those circumstances, the petitioner has issued a notice through her counsel on 21. 08. 2006 bringing out the said fact and also stating that it amounts to contempt. It was immediately thereafter on 22. 08. 2006, the impugned order in W. P. No. 28662 of 2006 came to be passed transferring the petitioner from Madras Medical College to College of Nursing, Madurai Medical College. The first and second respondents in W. P. No. 23560 of 2006 who are also the first and second respondents in W. P. No. 28662 of 2006, along with the Dean, Madras Medical College have filed counter affidavit.