IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 26292 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- 1. SHEENA MOLE.S., STAFF NURSE, GENERAL HOSPITAL, ERNAKULAM. RESIDING AT KUMBANTHOTTIL HOUSE, EDAKKATTUVAYAL PO, ARAKKUNNAM, ERNAKULAM DISTRICT - 682 712. 2. JOSHI VARGHESE, STAFF NURSE, GENERAL HOSPITAL, ERNAKULAM. RESIDING AT MOONUKANDATHIL HOUSE, MULANTHURUTHY, ERNAKULAM DISTRICT. 3. ASHA PAUL, STAFF NURSE, TALUK HOSPITAL, TRIPUNITHURA. RESIDING AT KUNNATHUMATTATHIL PUTHENPURAYIL, NECHOOR PO, PIRAVOM. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE, BY ADV. SRI.MILLU DANDAPANI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (C) DEPARTMENT, THIRUVANANTHAPURAM - 695 001. Kss ..2/- ..2.... WPC.NO.26292/2011 J 2. THE DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 3. INDIAN NURSING COUNCIL, REPRESENTED BY ITS SECRETARY, COMBINED COUNCIL BUILDING, KOTLA ROAD, TEMPLE LANE,NEW DELHI - 110 002. 4. INDIRA GANDHI NATIONAL OPEN UNIVERSITY REPRESENTED BY ITS REGIONAL DIRECTOR, REGIONAL CENTRE, KALOOR PO, KOCHI - 682 017. 5. THE HOSPITAL SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM, KOCHI - 682 011. 6. THE REGISTRAR, KERALA NURSES' & MIDWIVES'S COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM - 695 035. R1, R2 & R5 BY SR.GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26292/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE DTD. 2/06/2000 ISSUED BY 3RD RESPONDENT TO THE 4TH RESPONDENT. P2: COPY OF LETTER, F.NO.7-1/2000-INC DTD. 14/06/2001 ISSUED BY THE 3RD RESPONDENT TO THE REGISTRAR, MAHAKOSHAL NURSES REGISTRATION COUNCIL, BHOPAL. P3: COPY OF MINUTES OF THE NATIONAL EMPLOYMENT SERVICE ISSUED BY THE DIRECTOR GENERAL OF EMPLOYMENT & TRAINING, VIDE EEM NO.1/99/1/X1/11.1 ON 7/05/1999. P4: COPY OF TABLE SHOWING THE SUBJECT OF STUDY & HOURS ALLOTTED FOR THEORY AND PRACTICE IN EACH SUBJECT OF 4TH RESPONDENT. P5: COPY OF LETTER DTD. 30/04/2005 OF THE SECRETARY, GENERAL EDUCATION (E) DEPARTMENT, THIRUVANANTHAPURAM TO THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. P6: COPY OF ORDER DTD. 26/04/2005 OF THE REGISTRAR, KANNUR UNIVERSITY, VIDE NO.ACAD/E1/KEC/GEN/2003-05. P6(A): COPY OF ORDER DTD. 10/02/1993 OF COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, VIDE NO.A3/4221/92. P7: COPY OF SPECIAL RULES VIDE GO.(P) NO.118/2010/H&FWD DTD. 18/03/2010 ISSUED BY THE 1ST RESPONDENT. P8: COPY OF LETTER NO.E2/38607/PKS DTD. 15/07/2010 OF THE 2ND RESPONDENT TO THE DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM. P9: COPY OF LETTER NO.1095/C2/2011/H&FWD DTD. 9/05/2011 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P10: COPY OF REQUEST LETTER DTD. 30/09/2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. P11: COPY OF CERTIFICATE DTD. 15/07/2011 ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER. RESPONDENT'S ANNEXURES: ANNEX.R2(A): COPY OF THE PROCEEDINGS IN RESPECT OF THE COMPLIANCE OF THE DIRECTION IN WP(C) NO.26292/2011. /TRUE COPY/ P.S.TO JUDGE Kss K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.26292 of 2011 --------------------------------------------- Dated this the Ist day of December 2011 JUDGMENT The petitioners are working as Staff Nurses under the second respondent. After obtaining a certificate of General Nursing and Midwifery issued by the Kerala Nurses and Midwives Council, the petitioners have obtained Degree of Bachelor of Science (Nursing) from the Indira Gandhi National Open University ('IGNOU' for short). The second respondent was not considering the qualification of the petitioners as equivalent to the degrees awarded by the other Universities. Therefore, the petitioners were not being considered for appointment as Tutors on regular basis. 2. In the meantime, the second respondent has issued a provisional seniority list of Staff Nurses/Head Nurses/Nursing Superintendents working in the Health Services Departments who are eligible to be promoted as Nursing Tutors. The names of the petitioners do not find WPC No.26292 of 2011 2 a place in the provisional seniority list. Therefore, the petitioners have filed this writ petition challenging the said provisional seniority list. 3. In the provisional seniority list dated 26.11.2011, it has been specifically mentioned that those who are aggrieved by the seniority assigned, whose entries are found missing or incorrect may file appeals within fifteen days of the date of the circular. Therefore, the petitioners still have sufficient time to file appeals against the omission to include their names in the provisional seniority list. However, the counsel for the petitioners expresses an apprehension that their appeals may not be considered or may be rejected. Therefore, they seek the issue of appropriate directions for consideration of the appeals on the merits. 4. In view of the fact that the provisional list has not become final and in view of the additional fact that the second respondent has provided in the provisional seniority list itself for the filing of and consideration of appeals against any mistakes that are there in the said list, it is only appropriate that the petitioners agitate their WPC No.26292 of 2011 3 grievances by filing such appeals, in the first instance. The second respondent shall certainly consider such appeals on the merits, before finalising the provisional seniority list. Needless to say that appointment of persons to the post of Nursing Tutors shall be made only from a list so finalised, after passing final orders on the appeals filed against the provisional seniority list. 5. This writ petition is accordingly disposed of directing the second respondent to consider the appeals filed by the petitioners as well as the appeals of other similarly situated persons in accordance with law and to pass final orders thereon, after hearing the petitioners also, before publishing the final seniority list and making any appointments to the post of Nursing Tutors from the said list. Ordered accordingly. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/