VISHWAJIT PANCHAKSHARI MATHPATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The twelve Petitioners are staff nurses working in hospitals conducted by the First Respondent. Each of them has completed the B.Sc. (Nursing) degree course. The Petitioners were hence eligible for admission to the M.Sc. (Nursing) degree course. The Petitioners applied for the Post Graduate Degree Course in Nursing. The application forms of the Petitioners were accepted and they appeared for the common entrance test in the month of September 2012. Upon the declaration of the results, the Petitioners were selected in order of merit and started attending their classes following the grant of admission. On 1 October 2012, the Director of Medical Education and Research, the Fourth Respondent, issued a letter to the Director of Health Services to relieve the Petitioners for the course. An order has been issued on 30 October 2012 by the First Respondent refusing to relieve the Petitioners for study leave on the ground that they have not completed five years' of service after completion of the B.Sc. (Nursing) degree.

(2.) The Indian Nursing Council which is constituted under the Indian Nursing Council Act, 1947 has prescribed the syllabus and regulations for the Post-graduate Degree Course of M.Sc. (Nursing). The eligibility criteria for admission stipulate a minimum of one year of work experience prior to or after the post basic B.Sc. Nursing degree. Admittedly, each of the Petitioners fulfills the criteria for admission prescribed by the Indian Nursing Council.

(3.) In the affidavit in reply it has been stated that though the Indian Nursing Council has prescribed an eligibility requirement of one year work experience before or after the post basic (Nursing) Degree, the State Government has insisted on a five year work experience requirement. The State Government has in the reply of the Deputy Director of Nursing stated that the Government spends an amount of Rs. 3.60 lakhs per year towards the salary of each candidate and since the Petitioners have completed the post basic B.Sc. (Nursing) Course on deputation with full payment of salary, it was the view of the Government that every candidate should render teaching and/or clinical services for a minimum of five years. A bond is stated to have been executed by the Petitioners stating that after completion of the post basic B.Sc. (Nursing) Course, each of the Petitioners would serve the State Government for a minimum of five years. Learned Counsel appearing on behalf of the Petitioners has stated before the Court that the Petitioners have filed undertakings to the effect that they would in fact serve the State Government for a period of five years after the completion of the M.Sc. (Nursing) Degree. However, it has been submitted that once the Central Council has laid down the norms for eligibility, it is not open to the State Government to prescribe any norms at variance.