IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8308 of 2008 Between: M. Priscilla D/o. M. Lingaiah Godavari Khani, Karimnagar District. ..... PETITIONER AND 1 Dr. N.T.R. University of Health Sciences, A.P. Vijayawada, Krishna District, rep. by its Registrar. 2 The Government Nursing College, Raj Bhavan Road, Somajiguda, Hyderabad, Rep. by its Principal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue appropriate writ, order or direction preferably one in the nature of Writ of Mandamus declaring the action of the respondents in cancellilng the admission of the writ petitioner to the B.Sc.(Nursing Course) for the academic year 2007-08 as bad, illegal, void and consequently quash the impugned letter issued by the 1st respondent vide Lr. No.190/B.Sc.(N)/EA5/07- 08, dated 24.03.2008 and pass Counsel for the Petitioner:MR.G.V.L.MURHTY Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 8308 OF 2008 ORDER: 1. This writ petition has been ﬁled by M. Priscilla assailing the proceedings issued by the Registrar, Dr. N.T.R. University of Health Sciences, A.P. Vijayawada, Krishna District-1 st respondent whereby and where under the provisional admission given to her into 1st year B.Sc., Nursing course in the academic year 2007-08 came to be cancelled. 2. The petitioner was appointed as Auxiliary Nurse Midwifery ( A.N.M.) (M.P.H.W. Female) on 31-10-1991 and got promoted as a Staff Nurse on 20-4- 2003. The 1st respondent issued notiﬁcation calling for applications for admission into B.Sc., Nursing Course for the academic year 2007-08. The duration of the Course is two years. Certain seats were earmarked for in- service candidates. The eligibility criteria for in-service candidates is two years service as a staﬀ nurse. The petitioner claimed that she completed two years as a Staﬀ Nurse as on the date of notiﬁcation. Therefore, she applied for admission in B.Sc., Nursing Course. She was given a seat in B.Sc., Nursing course in Government Nursing College, Hyderabad-2nd respondent as inservice candidate. She joined the 2nd respondent college on 30-11-2007. While so, the 1st respondent issued show cause notice to the petitioner calling for explanation as to why her admission into B. Sc., nursing course cannot be cancelled on the ground that she has produced a false service certiﬁcate. She has submitted explanation. The 1st respondent issued proceedings impugned in the writ petition cancelling her admission in B. Sc. Nursing Course for the Academic year 2007-08. The said proceeding is challenged in this writ petition. 3. When the writ petition came up for admission, Sri D. Nagarjuna Babu, learned standing counsel for N. T.R. University of Health Sciences received notice on behalf of the 1st respondent. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the 1st respondent. 5. Learned counsel appearing for the petitioner submits that the petitioner joined in service on 31-10-1991 as Auxiliary Nurse Midwifery ( A.N.M.) and subsequently got promoted as Staﬀ nurse on 20-4-2003. He further submits that as per the notiﬁcation issued by the 1st respondent for admission into B. Sc. Nursing course, the service candidate who has completed two years service as a staﬀ nurse is eligible for admission into B.Sc., Nursing. He would also contend that the petitioner got promoted as staﬀ nurse on 20-4-2003 and by the date of notiﬁcation, she completed two years of service and thereby she became eligible to seek admission in B.Sc., Nursing Course under in service quota. 6. Learned counsel placed on record the photo copy of service register and also proceedings issued by the Medical Superintendent, Area Hospital, Godavarikhani whereunder the pay of the petitioner came to be reﬁxed under revised pay scales, 2005. 7. Learned standing counsel appearing for the 1st respondent submits that the petitioner produced the certiﬁcate issued by the Medical Superintendent, Government Area Hospital Godavarikhani as if she completed 16 years of service as Staﬀ nurse and the said certiﬁcate during the enquiry proved to be incorrect and therefore, the 1st respondent is justiﬁed in issuing the proceedings impugned in the writ petition cancelling the admission of the petitioner in B. Sc., Nursing course. 8. I have gone through the photo stat copy of the service Register of the petitioner. The entries in Service Register are crystal clear that the petitioner got promoted as staﬀ nurse on 20-4-2003. Even in the copy of the proceedings issued by the Medical Superintendent with regard to the revision of Pay Scales, 2005 it is stated that the petition got promotion as staff nurse in the year 2003. 9. For better appreciation, I may refer the proceeding issued by the Medical Superintendent while reﬁxing the pay of the petitioner as staﬀ nurse. “Proceedings of the Medical Superintendent, Area Hospital, Godavarikhani Present Dr. B.S. Rajiv, M.B.B.S., Proc.No. Date -2005 Sub:- Estt – Revised Pay Scales of 2005 – Pay Fixation of Smt. M. Presilla, Staff Nurse in the Revised Pay Scales 2005, w.e.f. 01-07-2003 – Orders – Issued – Regarding. Ref: 1. G.O.(P) No. 213 Finance (PC-1) Dep. 2. Govt. Circular Memo No. 22498-A/ 553/A1/P.C-1/2005, dated 8-9-2005 Finance (PC-I) Department. 3. Individual Option Dated /12/2005 4. Commissioner, APVVP Hyd. Rc.No.9553/Plg-3/05,dated10-11-05. ORDER: In accordance with the G.O. and Procedural Instructions issued vide references 1st and 2nd cited. Keeping in view of the option exercised vide reference 3rd cited, the pay of Smt. M. Presilla working as Staﬀ Nurse in the oﬃce of the Area Hospital, Godavarikhani is hereby ﬁxed @ Rs. 7570 in the Revised Pay Scales, 2005, w.e.f. 01-07-2003 in the time scale of Rs. 6675-170-7015-185-7570-200-8170-215-8815- 235-9520-255-10285-280-11125-295-12010-315-12955-330- 13945-360/5025. Consequent on ﬁxation of pay with eﬀect from 01-07- 2003 in the Revised Pay Scales 2005, she is sanctioned revised subsequent annual grade increments with eﬀect from the dates noted against each in the scale referred to above as follows: Date of next increment Revised Scale & pay Rate of increment Future Scale & Pay Remarks 01/11/03 6675/15625/7570 Rs.200 6675/15025/7770 Annual Grade increment in the scale 6675-1502 01/11/04 6675/15025/7770 Rs.200 6675- 14665/15025/7970 Annual Grade increment in the scale 0505- 14665- 6675 01/11/05 6675- 1466665/15025/7970 Rs.200 6675- 14665/15025/8170 Annual Grade increment in the scale 6505- 14665- 6675 3.She shall also be entitled for the usual allowances admissible as per the rules in force. 4. The arreas of salary in the Revised Pay Scales, 2005 from 01-07-2003 to 31-03-2005 is notional and the monetary beneﬁt she accrue fro 1-4-2005. Arrears from 01-04-2005 to 31-7-2005 shall be credited into the G.P.F. Account of the individual and from 1-8-2005 shall be paid in cash. She is informed that if the above pay ﬁxation is found to be erroneous at a later date, she will be called upon to refund the excess amount if any paid to her on account of such pay fixation”. Sd/- Medical Superintendent Area Hospital, Godavarikhni” 10. The material placed before me is explicit that the petitioner got promotion as staﬀ nurse of 20-4-2003. By the date of her application for admission to B.Sc.Nursing Course, she completed two years of service as staﬀ nurse. Therefore, she is eligible to seek admission in two years B.Sc., Nursing Course. Thus, the proceeding issued by the 1st respondent cancelling admission of the petitioner in two years B.Sc. Nursing course is not sustainable and the same is hereby quashed. 11. Accordingly, this writ petition is allowed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 5th November, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 8308 OF 2008 5th November, 2008.