Reena Joy (Minor) v. Government of Tami

2. The Registrar, Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai – 600 032.3. The Registrar, Tamil Nadu Nursing Midwifery Counsel, Jayaprakash Narayan Malligai, Santhome, Chennai – 600 004.4. The Principal, Jainee College of Nursing, 10/1, Palani Main Road, Dindigul – 624 001.…. RespondentsW.P.No.1162 of 20091. Shibin Raj B.S S/o C.Balaraj, Raj Bhavan, Irupil, Neyatinkaran, Trivandrum Rep. by Father & Natural Guardian, Mr.C.Balaraj.2. Chithra S. D/o George H G.S.Bhavan, Thevarakode, Kilakakara, Reselpuram (P.O) Trivandrum – 695 501. Rep. by father & natural guardian Mr.George H3. Anija L.C D/o Chandran K, Arun Bhavan, Pattavilakam, Thirupuram (PO) Trivandrum – 695 133 Rep. by father and natural guardian, Mr.Chandran K4. Neethu Raj, J.J S/o Jayarajan, I Paruthivilai Veedu, Tirupuram (PO) Neyatinkara, https://hcservices.ecourts.gov.in/hcservices/ Trivandrum District – 695 133 Rep. by father and natural guardian Mr.Jayarajan, I… Petitionersvs.1. Government of Tamil Nadu, rep. by its Secretary to Government, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.2. The Vice Chancellor, Tamil Nadu Dr.M.G.R Medical University, Chennai – 600 002.3. The Registrar, Tamil Nadu Nurses & Mid-wives council, Chennai – 600 006.4. The Principal, Global College of Nursing, Edaivilagam, Nattalam, Kanniyakumari District.…. RespondentsW.P.No. 1117 of 2009Radhika Raveendran AD/o Raveendran,Radhika Bhavan,TC 19/441, Vadakka Colony,Mudavan Mugal, Poojappura Post,Trivandrum – 695 043.Rep. by Father and Natural GuardianMr.Raveendran … Petitionervs.1. Government of Tamil Nadu, rep. by its Secretary to Government, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.2. The Vice Chancellor, Tamil Nadu Dr.M.G.R Medical University, Chennai – 600 002. https://hcservices.ecourts.gov.in/hcservices/

3. The Registrar, Tamil Nadu Nurses & Mid-wives council, Chennai – 600 006.4. The Principal, Global College of Nursing, Edaivilagam, Nattalam, Kanniyakumari District.…. RespondentsW.A.No.1081 of 2009The Registrar,Tamil Nadu Dr.M.G.R Medical University,Guindy, Chennai – 600 002. …. Appellantvs.1. Reena Joy (Minor), D/o Y.Joy Kutty, Jeena Bhavan, Kanna Nallur (P.O) Palamukku, Kollam – 601 576 Represented by her mother & natural guardian Aneyamna Joy.2. Government of Tamil Nadu, rep. by its Secretary to Government, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.3. The Registrar, Tamil Nadu Nurses & Mid-wives council, Chennai – 600 006.4. The Principal, Global College of Nursing, Edaivilagam, Nattalam, Kanniyakumari District.… RespondentsW.A.No.1082 of 2009The Vice-Chancellor,Tamil Nadu Dr.M.G.R Medical University,Guindy, Chennai – 600 002. …. Appellantvs. https://hcservices.ecourts.gov.in/hcservices/

1. Radhika Raveendran A D/o Raveendran, Radhika Bhavan, TC 19/441, Vadakka Colony, Mudavan Mugal, Poojappura Post, Trivandrum – 695 043. Rep. by Father and Natural Guardian Mr.Raveendran.2. Government of Tamil Nadu, rep. by its Secretary to Government, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.3. The Registrar, Tamil Nadu Nurses & Mid-wives council, Chennai – 600 006.4. The Principal, Global College of Nursing, Edaivilagam, Nattalam, Kanniyakumari District.… RespondentsW.A.No.1083 of 2009 The Vice-Chancellor,Tamil Nadu Dr.M.G.R Medical University,Guindy, Chennai – 600 002. …. Appellantvs.1. Shibin Raj B.S S/o C.Balaraj, Raj Bhavan, Irupil, Neyatinkaran, Trivandrum Rep. by Father & Natural Guardian, Mr.C.Balaraj.2. Chithra S. D/o George H G.S.Bhavan, Thevarakode, Kilakakara, Reselpuram (P.O) Trivandrum – 695 501. Rep. by father & natural guardian Mr.George H https://hcservices.ecourts.gov.in/hcservices/

3. Anija L.C D/o Chandran K, Arun Bhavan, Pattavilakam, Thirupuram (PO) Trivandrum – 695 133 Rep. by father and natural guardian, Mr.Chandran K4. Neethu Raj, J.J S/o Jayarajan, I Paruthivilai Veedu, Tirupuram (PO) Neyatinkara, Trivandrum District – 695 133 Rep. by father and natural guardian Mr.Jayarajan, I 5. Government of Tamil Nadu, rep. by its Secretary to Government, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.6. The Registrar, Tamil Nadu Nurses & Mid-wives council, Chennai – 600 006.7. The Principal, Global College of Nursing, Edaivilagam, Nattalam, Kanniyakumari District.… RespondentsPetitions filed under Article 226 of the Constitution of Indiapraying for the issue of a Writ of Certiorarified Mandamus for thereasons stated therein. W.P.29541/08:to issue an Writ of Ceritiorarifed Mandamus or anyother appropriate Writ order or directing to call for the records ofthe 2nd Respondent made in Ref.No. ACII(3) /32315/2008 dated15.09.2008 and quash the same and consequently direct the 2ndrespondent to issue eligibility certificate to the petitioner foradmission to B.SC (Nursing) degree course for the academic year 2008-09W.P.No.1117/2009 to issue an Writ of Mandamus or any otherAppropriate Writ order or direction directing the 2nd respondent toissue eligibility certificate to the petitioner for admission toB.Sc. (Nursing) degree course for the academic year 2008-09 allowing https://hcservices.ecourts.gov.in/hcservices/ her to continue and complete her B.Sc. Nursing Course in the 4threspondent College.W.P.NO.1162/09:to issue a Writ of Certiorasrified Mandamus or anyother appropriate Writ order or direction to call for the records ofthe 2nd respondent made in Lr.No.AC II (3)/55053/2008 dt 19.12.2008and quash the same in so far as the petitioners are herein areconcerned and consequently direct the 2nd respondent to issueEligibilityCertificate to the petitioners for admission to B.Sc.(Nursing) degree course for the academic year 2008-09 .....W.A.1081 to 1083/09:Appeals preferred to this case against theorder dated 29.7.2009 in M.P.Nos.1 and 2 of 2008 W.P.No.29541/08M.P.Nos.1 and 2 of 2009 in W.P.No.1117/2009 and M.P.Nos.2 to 4 /09 inW.P.No.1162/09 praying that in these cirumstances stated therein andin the respective affidavits filed there with the High Court will bepleased to I grant an order of Interim Injunction restrining the 4th respondentform conceling the admission given to the petitioner for B.Sc(Nursing) Course for the Year 2008-09(in M.P.No.1/08 in W.P.29541/08M.P.No.1/09 in W.P.No.117/2009 M.P.No.2/09 in W.P.No.1162/09)II grant an order of interim Stay of order of the 2nd respondentmade in Ref.No.AC II(3)/32315/2008 dated 15.9.2009(in M.P.No.2/08 inW.P.No.29541/08III grant an order of interim stay of order of the 2nd respondentmade in Lr.No.ACII(3)/55053/2008 dated 19.12/2008 in so far as thepettioners herein are concerned (in M.P.NO.3/09 in W.P.No.1162/2009)IV Vacate the interim order granted on 22.01.2009 made inW.P.No.1117/2009 and M.P.No.1/09(in W.P.No.2/09 in W.P.No.1117/2009)V Vacate the interim order granted on 22.01.2009 made inW.P.No.1162/2009 and M.P.No.2/2009(in M.P.No.4/2009 inW.P.No.1162/2009) pending W.P.Nos.29541/08, 1117 and 1117/2009respectively)For Petitioners :::: Mr.SilambananFor 2nd respondentin all the petitions:::: Mr.AR.L.Sundaresan, Senior Counsel with Ms.AL.GandhimathiFor 1st respondentin all the petitions:::: Mr.Raja Kalifulla, Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For 4th respondent inW.P.Nos.1162 & 1117/09::: Mr.Issac MohanlalFor Appellant inthe writ appeals:::: Mr.AR.L.Sundaresan, Senior Counsel with Ms.AL.Gandhimathi For 1st respondentin all the appeals and::: Mr.S.Silambananrespondents 1 to4 in W.A.No.1083/09For 2nd respondent inW.A.Nos1081 & 1082/09& 5th respondent in :::: Mr.Raja Kalifulla,W.A.No.1083/2009 Government PleaderFor 4th respondent inW.A.Nos.1081 & 1082/09& 7th respondent inW.A.No.1083/09::: Mr.Issac MohanlalJ U D G M E N T(The Judgment of the Court was delivered by Hon’ble The Chief Justice)Heard Mr.S.Silambanan, learned counsel appearing for thepetitioners in all the petitions, Mr.G.Sankaran, learned SpecialGovernment Pleader (Education) appearing for the State of Tamil Nadu,Mr.AR.L.Sundaresan, learned senior counsel appearing withMs.AL.Gandhimathi, learned counsel, for Tamil Nadu Dr.M.G.R MedicalUniversity and Mr.Issac Mohanlal, learned counsel appearing forM/s.Global Nursing College. 2. The petitioners, who are the students of Nursing, the State ofTamil Nadu and Tamil Nadu Dr.M.G.R Medical University are the mainparties to these writ petitions. Learned counsel appearing for theparties request that these writ petitions be taken up on the Board ofthis Bench, and accordingly the writ petitions and the writ appealsare taken up, heard and are being disposed of at the admission stageitself. 3. The petitioners are students, who hail from Kerala, and whohave taken admission in a Nursing College situate in Kanyakumari. Allthese students/petitioners have taken up admission to Global Nursing https://hcservices.ecourts.gov.in/hcservices/ College in Kanyakumari, except one Reena Joy, who has filedW.P.No.29541/2008, and who has taken admission in Jaynee College ofNursing in Dindigul. The petitioners have taken admission to thesecolleges without their eligibility for admission being examined byTamil Nadu Dr.M.G.R Medical University. All of them contend that theyhave done vocational course in Kerala with Physics, Chemistry andBiology, and it is their case that they are entitled for admission tothe nursing course being conducted in Tamil Nadu. The colleges havegiven admission to the students without getting the eligibilitydecided by the University. In the circumstances, the University hasnot allowed them to appear for the first semester examination, whichis scheduled from today (03.08.2009). As the applications of thepetitioners for eligibility have been rejected by the University,they are not being allowed to appear for the examination. It is,therefore, that they have filed these writ petitions seeking a writof certiorari to quash the communication from the Universitydeclining them to admit to the course and consequently refusing thempermission to write the examination. 4. The State of Tamil Nadu had earlier issued G.O.Ms.No.186dated 26th March, 1996 under which certain qualifications wereprescribed under Clause-4 of the said Government Order. The saidclause reads thus: -“MINIMUM QUALIFICATION FOR ELIGIBILITY FORMBBS/BDS/B.PHARMACY/B.SC., (NURSING)/B.P.T COURSECandidates, who have passed the HigherSecondary Certificate (Academic) Examinationconducted by the Tamil Nadu Higher SecondaryState Board with the following groups ofsubjects, shall be eligible for the I yearMBBS/BDS/B.Pharmacy/B.P.T Course:a)Physics, Chemistry, Botony and Zoology Orb)Physics, Chemistry, Biology with any othersubjects. The candidates, who have passed otherequivalent examinations with the same group ofsubjects as mentioned above, also shall beeligible for admission to the courses subject tothe condition that the candidates should obtainthe necessary eligibility certificate from theTamil Nadu Dr.M.G.R Medical University. Diploma holders in Pharmacy will be admittedonly to I year B.Pharmacy course and theirselection will be made on the basis of marks https://hcservices.ecourts.gov.in/hcservices/ obtained in the final examination of the Diplomain Pharmacy Course. Higher Secondary Certificate Vocational Streamcandidates and P.U.C. candidates are not eligiblefor admission to MBBS/BDS/B.Pharmacy/B.Sc.,(Nursing)/B.P.T course. “On a perusal of Clause-4, it is seen that the candidates who havepassed their Higher Secondary Certificate examination conducted bythe Tamil Nadu Higher Secondary State Board with the specifiedsubjects are eligible for admission to the course. Other students,who have passed other equivalent examinations with the same group ofsubjects, are also eligible for admission to the course. It is alsospecified in Clause-4 of the G.O that Higher Secondary certificatevocational stream candidates and P.U.C candidates are not eligiblefor admission to MBBS/BDS/B.Pharmacy/B.Sc (Nursing)/B.P.T course. 5. It appears that passing of this Government Order led torepresentations from the students and their parents, which paved theway for passing of subsequent G.O.(Ms.) No.216 by the StateGovernment on 03.07.2008. The G.O itself points out in paragraph-2that representations were received by the Government from the public,which contained two submissions. The first is that the age limit beincreased from 17 to 35 for Diploma in Nursing and B.Sc NursingCourses and the second is that all +2 students irrespective of thesubject may be considered as eligible for admission in NursingCourses in Tamil Nadu. In paragraph-3 of G.O.Ms.No.216, theGovernment has extended the age limit to 30 years for the GeneralCategory candidates and for the Scheduled Caste and Scheduled Tribecandidates to 35 years. As far as the representation on subjects isconcerned, Clause-4 of the G.O is relevant, and which reads asfollows:-“4.To enable the rural candidates to join theNursing Courses and to fall in line with theprocedure followed in other States, it has beendecided that +2 pass with Science subject may befixed for admission to B.Sc Nursing and Diplomain Nursing Courses.”Clause-5 of the G.O, which is also relevant, reads asfollows: -“5. The Government accordingly direct that theexisting age limit of 17 to 25 years foradmission to Diploma in Nursing and B.Sc Nursingbe revised as 17 to 30 years. The maximum ageshall however be raised to 35 years for SC/ST https://hcservices.ecourts.gov.in/hcservices/ candidates. The Government also direct that theeducational qualification ‘a pass in +2 withscience subject’ be fixed for admission to boththe courses as prescribed by the Indian NursingCouncil.” Placing reliance on these two clauses, it is submitted byMr.Silambanan that Clauses 4 & 5 will have to be given the samemeaning as Clause-4 which states that to fall in line with theprocedure followed in other States, it has been decided that +2 passwith Science subject may be fixed for admission to B.Sc Nursing andDiploma in Nursing Courses. 6. Now what has happened in the instant case is that theUniversity has rejected the application for eligibility of thesepetitions by its communication dated 29th December, 2008. As far asthe petitioners, Shibin Raj B.S, Chithra.S, Anija L.C and NeethurajJ.J are concerned, the University communication reads as follows: -“As per the orders of Government in G.O.Ms.186,Health and Family Welfare Department dated25.03.1996 the candidate who have passedVocational Higher Secondary Courses of Governmentof Kerala are not eligible for admission to anyUnder Graduate course in this University.”7. Mr.Sundaresan submits that the University has taken a generaldecision not to permit the vocational course with Physics, Chemistryand Biology for the Under Graduate course offered by the Universityand he refers to the resolution passed by the Governing Council inthat behalf. 8. Having noted the submissions advanced by the learned counsel,we do accept that there is some force in the submission ofMr.Sundaresan that there has to be equivalence between the twocourses and it is for the University to decide a to whether thecourse is equivalent or not. However, from the impugnedorder/communication of the University dated 19th December, 2008, it isseen that the University has rejected the application of the studentson the basis of the earlier G.O.Ms.No.186 and has not considered thequestion of equivalence of the courses, which these students havepursued in Kerala with the one which is supposed to be the propercourse for admission norms, particularly with reference to the G.Owhich is issued on 03rd July, 2008, and which is the relevant G.O forthe purposes of admission to the present course and also theprocedure for the current year. 9. Having considered the submissions advanced on either side,and also the relevant materials produced, we permit the students to https://hcservices.ecourts.gov.in/hcservices/ give the examination, which is starting from today. We make it clearthat giving this examination does not create any equity in theirfavour. The University will examine the eligibility of their coursewhich they have undertaken in Kerala on the test of one permissibleunder the present rules of admission. The students will hand over tothe University the prospectus and the subjects of the course thatthey have undertaken in Kerala within two weeks from today, and theUniversity will take necessary decision within two weeks thereafter.In the event, the University decides against the students, theiradmissions will stand cancelled. The University shall not declare theresults until the eligibility issue is decided. The writ petitionsare disposed of accordingly. 10. Since the petitions are disposed of, the appeals will alsostand disposed of, which are filed against the interlocutory orderpassed in all the writ petitions. We make it clear that in the eventthe University finds that the applications given by the College arein flagrant violation of the University Regulations, it will be opento the University to take action against the college concerned. Nocosts. Consequently, miscellaneous petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar.pv/- Copy to:1. The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare (PME) Department Fort.St.George, Chennai – 600 009.2. The Registrar, Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai – 600 032.3. The Registrar, Tamil Nadu Nursing and Mid-wives Council, Jayaprakash Narayan Malligai, Santhome, Chennai – 600 004. https://hcservices.ecourts.gov.in/hcservices/

4.The Vice Chancellor,Tamil Nadu Dr.M.G.R.Medical University, Chennai 600 002.1 cc To The Government Pleader, SR.340921 cc To M/s.Silambanan Associate, Advocate, SR.340412 cc To M/s.Silambanan Associate, , Advocate, SR.341433 cc To M/s.AL.Gandhimathi, Advocate, SR.33995W.P.Nos.29541/2008,1162&1117/09and W.A.Nos.1081 to 1083/2009vsvn(co)pmk.07.9.2009.