SANTOSH SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who are working on the post of Staff Nurse under the Department of Health and Family Welfare, State of Punjab, have filed the instant writ petition impugning the promotion of private respondents No. 4 to 8 to the post of Sister Tutors/Public Health Nurse (Teaching) vide orders carrying even date i.e. 16.11.2011 at Annexures P3 and P4. Further prayer is for the issuance of a writ in the nature of mandamus for directing the official respondents to consider the claim of the petitioners for appointment to the post of Sister Tutors/Public Health Nurse (Teaching) on the basis that they are eligible for such post but have been ignored on account of respondents No. 4 to 8 having been so promoted inspite of not being eligible and not possessing the required qualifications.

(2.) Facts of the present case lie in a very narrow compass.

(3.) Mr.Gurminder Singh, learned counsel appearing for the petitioners, would submit that the private respondents have obtained the Degrees of B.Sc. Nursing from Indira Gandhi National Open University (IGNOU) through the mode of distance education programme and which is not a recognized qualification as per standards prescribed by the Indian Nursing Council. It has been argued that the standards regarding education and training of Nursing are governed by the Indian Nursing Council which has been constituted by the Central Government under Section 3(1) of the Indian Nursing Council Act, 1947 (for short '1947 Act').