JYOTIRMAYEE NAIK Vs. SUPERINTENDENT S C B MEDICAL

JUDGEMENT

(1.) THE petitioner in this application under Articles 226 and 227 of the Constitution of India impugns the validity of the order No. 17 dated 15 -1 -1996 (Annexore -3) of the Superintendent, S. C. B. Medical College Hospital. Cuttack removing her from the General Nursing and Midwifery Training Course.

(2.) THE facts as averred in the application may be briefly stated : The petitioner on being selected for the General Nursing and Midwifery Training Course attached to the S. C. B. Medical College Hospital, Cuttack took admission in the academic session 1994 -95 and was a second year (Nursing) student at the material time. On 5 -7 -1995 she was allotted duty in the Unit I Medicine Ward of the hospital. By that time one Sudhir Kumar Singh, a Post Graduate student of Utkal University (Vani Vihar) was in bed No. 162 of the said Ward who had an attack of Cerebral Malaria. While attending to bed No. 162, she found from the medicine chart that three injections/ viz. Benitim, Epsoline and Rubiquine were to be administered to the patient. The first two injections were to be given directly whereas the third one was to be administered intravenously by diluting in 10% dextrose solution and saline drips were being given to the patient and second saline bottle was to start as per the instructions contained in the medicine chart the petitioner administered the first two injections, viz. Benitin and Epsoline to the patient and was about to administer the third one intravenously by diluting in 10% dextrose solution. At this moment, persons who were attending on the patient raised hue and cry to the effect that because of the petitioner's administering the injections, the conditions of the patient started deteriorating. The patient unfortunately died immediately thereafter. The attendants of the patient being enraged at the petitioner although she was in no way responsible for the death tried to assault her and the nurses and the doctors who were present then. The police arrived at the spot. When autopsy was going to be conducted over the dead body the attendants of the deceased did not allow the same to be done and took away the dead body after giving necessary declaration in the hospital Ward.

(3.) THE Superintendent Principal, Tutor, School of Nursing, S. C. B. Medical College Hospital, Cu tack and the State of Orissa represented by its Secretary in Health and Family Welfare Department are opp. parties 1 to 5 whereas the Revenue Divisional -Commissioner, Central Division, Cuttack is the opp. party No. 4 in the case. Counter affidavit has been filed by the Superintendent contending inter alia, that the administrative enquiry conducted by the Revenue Divisional Commissioner revealed that the petitioner administered the Rubiquine injection improperly and, as such, decision was taken at all levels to take action aganst the erring personnel. It was also pleaded in the counter affidavit that the petitioner at the time of her admission entered into agreement which stipulated that in the event the authorities are dissatisfied with her job she can be removed.