IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 14-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11169 of 2009 and M.P.No.1 of 2009 A.Vasanthi ..Petitioner Versus 1.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. ..Respondents Prayer: Petition filed seeking for a Writ of Mandamus, directing the 2 nd respondent to consider the petitioner's application in the Final List based on her seniority of service, for the admission in the M.Sc., Nursing Course for the academic year 2009-2010 bearing Register No.1379 and Rank No.341 based on her seniority of service of 25 years of medical service as staff nurse and as a Nursing Tutor. For Petitioner : Ms.Malathy Sampathkumar For Respondents : Ms.Dakshayani Reddy Government Advocate O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. The petitioner has stated that she is working as a Nursing Tutor Grade-II, at the School of Nursing, Coimbatore Medical College https://hcservices.ecourts.gov.in/hcservices/ Hospital, Coimbatore. She had joined the service as a Staff Nurse at the Government Head Quarters Hospital, Ooty, on 10.10.1983. Thereafter, she had been serving at the Government General Hospital, Madras, and at Pollachi, as a staff Nurse. Later, she was transferred to the Mettupalayam Government Hospital, and she was serving at the said hospital from 17.2.1999 to 23.2.2004. Thereafter, she was promoted as a Nursing Tutor Grade II, and posted at Coimbatore Medical College Hospital, Coimbatore, where she has been serving, till date. 3. The petitioner has further stated that she has been applying for admission to the M.Sc. Nursing course, during the earlier years. As she has been unsuccessful in the previous years, the petitioner had applied for admission to the M.Sc., Nursing course for the year 2009-2010, as the age limit for admission to the said course has been relaxed. The petitioner has further stated that her total service as a Nurse and as a Tutor is 25 years. As such, she possesses sufficient teaching experience. 4. The main grievance of the petitioner is that the Directorate of Medical Education, the first respondent herein, does not give sufficient weightage to the service and the seniority of the candidates. Only a maximum of 10 marks, out of the total marks of 100, is allotted for the service of the candidates. Candidates with far less experience, as compared to that of the petitioner, have been selected for admission to the M.Sc. Nursing course. Candidates with long years of service and experience have not been selected. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 5. The learned counsel appearing on behalf of the respondents had submitted that the selection for admissions to the M.Sc. Nursing course, for the year 2009-2010, has been made in accordance with the prospectus issued by the second respondent. The eligibility criteria prescribed therein are as follows: "II. ELIGIBILITY CRITERIA: 1. Candidates seeking admission to the various Post graduate M.Sc., (Nursing) Degree Courses should be citizens of India and natives of Tamil Nadu. 2. Admission to Postgraduate M.Sc., (Nursing) Degree Course is open to both men and women for both Service and private candidates. 3. Candidates should possess a B.Sc. Nursing Degree awarded by the Tamil Nadu Dr.MGR Medical University or any other University recognized as Equivalent thereto by the Tamil Nadu Dr.M.G.R.Medical University/Nursing Council. https://hcservices.ecourts.gov.in/hcservices/ Candidates who have qualified from other universities should produce an Eligibility Certificate from the Tamil Nadu 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 Post graduate M.Sc., (Nursing) Degree course should have obtained not less than 55% (50% for SC/ST candidates) of the total aggregate marks obtained in all semesters taken together in the B.Sc., (Nursing) Degree Course. In case of failure(s) the pass marks in the subsequent attempt(s) shall be taken for calculation purpose. Number of attempts are not considered for calculation of marks. 5. B.Sc., Nursing Graduate (including Post Basic) should have 1 year working experience in any teaching Hospital/Nursing College/School of Nursing/Community Health Centres, 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 90 and experience marks for 10 which would form the aggregate marks for 100. It also states that the candidates will be called for counselling, 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 has been stated as follows: "1. a) The merit list for admission of candidates for the various specialities of M.Sc., (Nursing) Degree Course will be made on the basis of total marks obtained by the eligible candidates in all the semester examinations of B.Sc., (Nursing)/Post Basic Nursing put together which is reduced to the base of 90 marks which would be the academic marks and experience mark to the maximum of 10 (i.e. one mark for each completed year after passing B.Sc. (Nursing)/ Post Basic Nursing degree and two marks for each completed year of service in hilly areas) computed to a total of 100. 50% of seats will be made available exclusively for service candidates and the other 50% of seats are for open Quota to be filled on the basis of merit from Service and Non-Service candidates put together. In case of an odd number of vacancy, among the seats, that vacant seat shall be filled up by consideration of merit and communal reservation. https://hcservices.ecourts.gov.in/hcservices/ b) Selection and admission of students to the seats earmarked as Government quota in Self-Financing and Government Aided Institutions will be subject to the Central and State Act and Rules proposed by the respective Government coming into force before counselling. The seat matrix for these institutions will be displayed during counselling." 7. In case two or more candidates have obtained equal marks out of the total aggregate marks of 100 marks, the inter-se merit of such candidates shall be determined on the basis of the following order of preference: "a) Least number of appearance in the final Semester of B.Sc., (Nursing) Examination. b) Total Marks obtained in the final Semester examination of B.Sc., (Nursing) Course. c) Seniority in age will be given preference" 8. The learned counsel appearing on behalf of the respondents had also submitted that the petitioner had not challenged the provisions in the prospectus prescribing the procedures for admission to the M.Sc., (Nursing) course, for the academic year 2009-2010. Further, the service candidates are permitted to compete with the non-service candidates and if marks are awarded for every year of service rendered by the service candidates, none of the non service candidates could be selected for the course. Therefore, the allotment of a maximum of 10 marks for the service rendered by the service candidates is reasonable. 9. In view of the submissions made by the learned counsels appearing for the petitioner, as well as for the respondents, this Court is of the view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner, in the present writ petition. The petitioner has not been in a position to show that the allotment of a maximum of 10 marks for the service rendered by the service candidates for being admitted in the M.Sc. Nursing course, is arbitrary and unreasonable. Merely for the reason that the petitioner has served as a Nurse and Tutor for a period of nearly 25 years, including in certain Hill areas and remote villages, it cannot be said that she should be given preference for admission in M.Sc. Nursing course, conducted by the first respondent. Further, the petitioner has not challenged the provisions of the prospectus issued by the first respondent, for the academic year 2009-2010, 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 of merits, it stands dismissed. No costs. Consequently, connected M.P. is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1. 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.11169 of 2009 NSM (CO) GSK 11.08.2009. https://hcservices.ecourts.gov.in/hcservices/