( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 408 OF 2010 M/s. Mandakini d/o. Ganeshrao Chaware .. Petitioner Age. 49 years, Occ. Service, R/o. Sanwad Mahavir Housing Society, Nanded – 431 602. Versus 1. The State of Maharashtra .. Respondents Through the Secretary, Department of Ministry of Health, Government of Maharashtra, Mantralaya, Mumbai – 32. 2. The Director of Medical Education & Research, Govt. Dental College & Hospital Building, Saint Gorge’s Hospital Compound, Mumbai – 400 001. 3. The Principal Institute of Nursing Education, Sir J.J. Hospital, Byculla, Mumbai – 8. 4. The Maharashtra University of Health Science, Vani Road, Mhasrul, Nashik 422 004 – Through its Registrar. Mr. S.N. Pagare, Advocate for the petitioner. Mr. S.K. Tambe, A.G.P. for respondent Nos. 1. Mr. R.N. Dhorde, Advocate for respondent No.4 ( 2 ) CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATED : 08.10.2010 ORAL JUDGMENT [PER : B.R. GAVAI,J.] :- 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has approached this Court seeking directions to the respondents to admit the petitioner for two years' post graduate course i.e. M.Sc. (Nursing). The petitioner has been denied admission on two grounds. Firstly, that in pursuance to the conditions laid down by the State of Maharashtra, a candidate is required to complete five years experience after completion of B.Sc. degree and that the petitioner does not possess such qualification. The second ground is that on the cut off date i.e. 31st July, 2009, the petitioner is more than 50 years and as such the petitioner is beyond prescribed age limit. 3. In so far as first ground is concerned, the Division Bench of this Court at Nagpur Bench in Writ Petition ( 3 ) No. 1196 of 2010, in unequivocal terms has held that in view of Section 16 (g) & (h) of the Indian Nursing Council Act, 1947, the condition imposed by the State Government of having a minimum five years’ work experience after completion of B.Sc. was not sustainable. Therefore, said ground is not sustainable in law. In so far as second ground is concerned, affidavit in reply depicts total non-application of mind. The date of birth even in the affidavit is shown as 13th February, 1960 and cut off date as per prospectus is shown as 31st July, 2009. As such, the petitioner on the cut off date was 49 years, 5 months and 29 days. The averments in the affidavit that she was 50 years, 1 month and 6 days is totally contrary to the material on record. In that view of the matter, rejection of the claim on that ground is also not sustainable. 4. We, therefore, allow the petition. We hold that the denial of admission to the petitioner on the grounds that she does not possess five years’ post B.Sc. experience and she was above fifty years of age on the cut off date are not sustainable in law. We, direct the respondents to admit the petitioner for M.Sc. (Nursing) course, if she is otherwise ( 4 ) entitled in accordance with her merit. It is made clear that if there is shortfall of attendance, the respondents would permit the petitioner to attend extra classes so as to meet the shortfall. 5. Rule is made absolute. The petition is disposed of with no order as to costs. 6. Certified copy expedited. [A.A. SAYED,J.] [B.R. GAVAI,J.] snk/2010/OCT10/wp408.10