PROMILA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) Essential facts necessary for the adjudication of this writ petition are that the petitioner was appointed as Female Health Worker in the Health Department on 3.8.1991. She was promoted to the post of Staff Nurse. She got herself provisionally enrolled with Indira Gandhi National Open University for undertaking B.Sc. Nursing course on 15.10.2006. Her admission was confirmed on 15.12.2006. Petitioner has placed on record copy of degree issued by Indira Gandhi National Open University vide Annexure P-9. Case of the petitioner, in a nutshell, is that after obtaining degree in B.Sc. Nursing from Indira Gandhi National Open University, she submitted an application for registration with respondent No.3. According to her, she is eligible to be considered for the post of Tutor Nursing but due to non-registration by respondent No.3-Council, her case was not considered by the Departmental Promotion Committee.

(2.) Case of the respondent-State is that the decision has to be taken by the Himachal Pradesh Nursing Council. Respondents No.3 and 4 have filed the reply. According to the reply filed by respondents No.3 and 4, petitioner could not be registered since she has passed B.Sc. Nursing from College of Nursing Adesh Institute of Medical Sciences, Muktsar, which is not recognised by the Indian Nursing Council.

(3.) Mr. Bhuvnesh Sharma has vehemently argued that the degree of B.Sc. Nursing awarded to his client by Indira Gandhi National Open University is valid and on the basis of the same, respondents No.3 and 4 could not refuse to register her name. According to him, the action of respondents No.3 and 4 is illegal and arbitrary, thus, violative of Art. 14 of the Constitution of India.