CATHERIN JOSFIN THANGADURAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the Clause 2(b) of the advertisement/notification dated 15.04.2021 whereby the maximum age for admission to the course of M.Sc. Nursing is prescribed as 45 years.

(2.) The case of the petitioner is that she has completed B.Sc. Nursing (Basic) in 1995 and was appointed as Staff Nurse under the respondent No.1 and she is willing to acquire the higher qualification degree in M.Sc. Nursing. Earlier the advertisement (Annexure P/6) was issued for admission in the course of M.Sc. Nursing prescribing the maximum age of 48 years but the admission process was cancelled by order dated 15.04.2020. The respondent No.3 has now issued a fresh advertisement dated 15.04.2021, which is impugned in the present writ petition.

(3.) The submission of learned counsel for the petitioner is that earlier the maximum age of 48 years was fixed, therefore the reduction of maximum age in the subsequent advertisement is arbitrary and that under the Madhya Pradesh Autonomous Medical Collegiate Education Model Service Rules, 2018 (for short "Rules of 2018"), there is provision for grant of educational leave till five years before the age of retirement, therefore in line with that rule, the admission age in the M.Sc. Nursing course should be fixed.