C.G.Rosaline v. Directorate of Medical Education

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 14-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.11168 of 2009 andM.P.No.1 of 2009C.G.Rosaline ..PetitionerVersus1.Directorate of Medical Education No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.2.The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.3.The Government of Tamilnadu by its Secretary, Health and Family Welfare Department, Fort ST. George, Chennai-600 009. ..RespondentsPrayer: Petition filed seeking for a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's application in the FinalList based on her seniority of service, for the admission in theM.Sc., Nursing Course for the academic year 2009-2010 bearingRegister No.1378 and Rank No.269 based on her seniority of service of27 years of medical service as staff nurse including hill area andremote villages and as Nursing Tutor. For Petitioner : Ms.Malathy SampathkumarFor Respondents : Ms.Dakshayani Reddy Government Advocate O R D E RHeard the learned counsel appearing for the petitioner and thelearned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner has stated that she is working as a NursingTutor Grade-II, at the School of Nursing, Coimbatore Medical CollegeHospital, Coimbatore. She had joined the service as a Staff Nurse atthe Government Hospital for Women and Children, Egmore, Chennai, on10.9.1982. Thereafter, she had been serving at the Madras MedicalCollege, Chennai, and at the Government General Hospital, Chennai.Later, she was transferred to the Government Hospital, at Valparai,which is a Hill area, and she has been serving at the said Hospital,till 20.12.2002. Thereafter, she was transferred to the CoimbatoreMedical College Hospital, Coimbatore. 3. The petitioner has further stated that she has been applyingfor admission to the M.Sc. Nursing course, every year. As she hasbeen unsuccessful in the previous years, the petitioner had appliedfor admission to the M.Sc. Nursing course for the year, 2009-2010, asthe age limit for admission to the said course has been relaxed. Thepetitioner has further stated that her total service, as a Nurse andas a Tutor, is 27 years. She has also served in the Hill area and shealso possesses sufficient teaching experience. Since the petitionerwould be retiring from service in the year 2013, this would be herlast chance to get admission in the M.Sc. Nursing course. 4. The main grievance of the petitioner is that the Directorateof Medical Education, the first respondent herein, does not givesufficient weightage to the service and the seniority of thecandidates. Only a maximum of 10 marks, out of the total marks of100, is allotted for the service of the candidates. Candidates withfar less experience, as compared to that of the petitioner, have beenselected for admission to the M.Sc. Nursing course. Candidates withlong years of service and experience have not been selected. In suchcircumstances, the petitioner has preferred the present writ petitionbefore this Court, under Article 226 of the Constitution of India.5. The learned counsel appearing on behalf of the respondentshad submitted that the selection for admissions to the M.Sc. Nursingcourse, for the year 2009-2010, has been made in accordance with theprospectus issued by the second respondent. The eligibility criteriaprescribed therein are as follows:"II. ELIGIBILITY CRITERIA:1. Candidates seeking admission to the various Postgraduate M.Sc., (Nursing) Degree Courses should be citizensof India and natives of Tamil Nadu.2. Admission to Postgraduate M.Sc., (Nursing) DegreeCourse is open to both men and women for both Service andprivate candidates. https://hcservices.ecourts.gov.in/hcservices/

3. Candidates should possess a B.Sc. Nursing Degreeawarded by the Tamil Nadu Dr.MGR Medical University or anyother University recognized as Equivalent thereto by theTamil Nadu Dr.M.G.R.Medical University/Nursing Council.Candidates who have qualified from other universitiesshould produce an Eligibility Certificate from the TamilNadu Dr.MGR Medical University at the time of counselling,failing which they will not be considered for selection.4. Candidates seeking admission to the various Postgraduate M.Sc., (Nursing) Degree course should haveobtained not less than 55% (50% for SC/ST candidates) ofthe total aggregate marks obtained in all semesters takentogether in the B.Sc., (Nursing) Degree Course. In case offailure(s) the pass marks in the subsequent attempt(s)shall be taken for calculation purpose. Number of attemptsare not considered for calculation of marks.5. B.Sc., Nursing Graduate (including Post Basic)should have 1 year working experience in any teachingHospital/Nursing College/School of Nursing/Community HealthCentres, Fractional values will not be accounted."It also prescribes that a common merit list for the M.Sc., (Nursing)degree courses will be prepared by computing of academic marks for 90and experience marks for 10 which would form the aggregate marks for100. It also states that the candidates will be called forcounselling, as per their merit and they may exercise their option,as per the eligibility norms mentioned in the prospectus,availability of seats, communal and other reservations in force. 6. With regard to the method of selection and admission, it hasbeen stated as follows:"1. a) The merit list for admission of candidates forthe various specialities of M.Sc., (Nursing) Degree Coursewill be made on the basis of total marks obtained by theeligible candidates in all the semester examinations ofB.Sc., (Nursing)/Post Basic Nursing put together which isreduced to the base of 90 marks which would be the academicmarks and experience mark to the maximum of 10 (i.e. onemark for each completed year after passing B.Sc. (Nursing)/Post Basic Nursing degree and two marks for each completedyear of service in hilly areas) computed to a total of 100.50% of seats will be made available exclusively forservice candidates and the other 50% of seats are for openQuota to be filled on the basis of merit from Service andNon-Service candidates put together. In case of an oddnumber of vacancy, among the seats, that vacant seat shall https://hcservices.ecourts.gov.in/hcservices/ be filled up by consideration of merit and communalreservation.b) Selection and admission of students to the seatsearmarked as Government quota in Self-Financing andGovernment Aided Institutions will be subject to theCentral and State Act and Rules proposed by the respectiveGovernment coming into force before counselling. The seatmatrix for these institutions will be displayed duringcounselling."7. In case two or more candidates have obtained equal marks outof the total aggregate marks of 100 marks, the inter-se merit of suchcandidates shall be determined on the basis of the following order ofpreference:"a) Least number of appearance in the final Semesterof B.Sc., (Nursing) Examination.b) Total Marks obtained in the final Semesterexamination of B.Sc., (Nursing) Course.c) Seniority in age will be given preference"8. The learned counsel appearing on behalf of the respondentshad also submitted that the petitioner had not challenged theprovisions in the prospectus prescribing the procedures for admissionto the M.Sc., (Nursing) course, for the academic year 2009-2010.Further, the service candidates are permitted to compete with thenon-service candidates and if marks are awarded for every year ofservice rendered by the service candidates, none of the non servicecandidates could be selected for the course. Therefore, the allotmentof a maximum of 10 marks for the service rendered by the servicecandidates is reasonable. 9. In view of the submissions made by the learned counselsappearing for the petitioner, as well as for the respondents, thisCourt is of the view that the petitioner has not shown sufficientcause or reason to grant the reliefs, prayed for by the petitioner,in the present writ petition. The petitioner has not been in aposition to show that the allotment of a maximum of 10 marks for theservice rendered by the service candidates for being admitted in theM.Sc. Nursing course, is arbitrary and unreasonable. Merely for thereason that the petitioner has served as a Nurse and Tutor for aperiod of nearly 27 years, including in certain Hill areas and remotevillages, it cannot be said that she should be given preference foradmission in M.Sc. Nursing course, conducted by the first respondent.Further, the petitioner has not challenged the provisions of theprospectus issued by the first respondent, for the academic year2009-2010, prescribing the procedures for admission of candidates to https://hcservices.ecourts.gov.in/hcservices/ the M.Sc. Nursing course. Since the writ petition is devoid ofmerits, it stands dismissed. No costs. Consequently, connected writpetition miscellaneous petition is closed.sd/-Asst.Registrar/true copy/Sub Asst.RegistrarcshTo1. The Directorate of Medical Education No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.2. The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.3. The Secretary, Government of Tamilnadu Health and Family Welfare Department, Fort ST. George, Chennai-600 009.+ 1 c.c. to The Government Pleader. S.R.No.31105.Writ Petition No.11168 of 2009NSM (CO)GSK 11.08.2009.