1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.5373 of 2011 And M.P.(MD).Nos. 2 & 3 of 2011 S.Gnanaprabha ... Petitioner -Vs- 1. The Director of Medical Education Directorate of Medical Education Kilpauk, Chennai - 10 2. The Secretary Selection Committee for M.Sc., Nursing No.162, Periyar E.V.R. High Road Kilpauk, Chennai - 10 3. The Dean Madurai Medical College, Madurai. 4. P.Thirunagalingapandian 5. V.Sheela ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the Selection List published by the second respondent dated 19.04.2011 for an admission of M.Sc., Nursing Course for the academic year 2011-2012 and quash the same in respect of respondents 4 & 5 and consequently direct the second respondent to consider the petitioner's representation dated 25.04.2011 and to allot the seat for an admission of M.Sc., Nursing Course for the academic year 2011-2012. For Petitioner : Mr. R.Senthil Kumar For Respondents : Mr.B.Pugalenthi Special Government Pleader O R D E R An unsuccessful candidate, for admission for M.Sc., Nursing Course for the academic year 2011-2012, has assailed the correctness of the selection list, dated 19.04.2011, published by the Secretary, Selection Committee for M.Sc., Nursing, Kilpauk, Chennai - 10, the second respondent herein, for admission for the academic year 2011-2012 in so far as the respondents 4 and 5 are concerned, as they do not satisfy the eligibility criteria set out in Clause II (7) of the Prospectus for admission to Post Graduate (M.Sc., Nursing Course), for the academic year 2011-2012, which reads that: "B.Sc., Nursing Graduate (including Post Basic) should have one year working experience in any teaching Hospital/Nursing College/School of Nursing/community Health Centres, from the date of provisional registration in any of the State Council in the country, Fractional Values will not be accounted." https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, the respondents 4 and 5 have completed Post Basic B.Sc., Nursing Course in the month of September 2010 and that they have registered their names in the Nursing Council. Their work experience can be taken into account from the date of registration in the Council and in such circumstances, they possess only 8 months working experience. The petitioner has further contended that as the respondents 4 and 5 do not satisfy the eligibility criteria, their names should be struck down from the selection list and consequently, a direction should be issued to the Secretary, Selection Committee for M.Sc., Nursing, Kilpauk, Chennai - 10, the second respondent herein, to consider the case of the petitioner for the allotment of a seat. 3. Based on the averments made in the counter affidavit, dated 05.05.2011 and the additional counter affidavit, dated 06.06.2011, filed by the Additional Director of Medical Education/Secretary, Selection Committee, Kilpauk, Chennai - 10, the second respondent herein, Mr.B.Pugalenthi, learned Special Government Pleader, submitted that both the respondents 4 and 5 have satisfied the eligibility norms, prescribed in the Prospectus to the candidates for admission to Post Graduate (M.Sc., Nursing Course) for the academic year 2011-2012. 4. Inviting the attention of this Court to proceedings of the Nursing Council of India, New Delhi, in F.No. 1-5/GB-CIR/2007-ING, dated 24.12.2010, addressed to the Registrar, Tamil Nadu Nurses & Midwives Council, Chennai and the regulations of the Dr.M.G.R. Medical University, Chennai, for admission to Post Graduate (M.Sc., Nursing Course) for the academic year 2011-2012, he further submitted that the respondents 4 and 5 do possess B.Sc., Nursing (regular Stream) degree and in addition to the above, they also satisfy the minimum one year of work experience, prior or after the Basic B.Sc., Nursing degree, as prescribed by the Nursing Council of India and Dr.M.G.R. Medical University, Chennai. 5. Taking this Court through the contents of the additional counter affidavit and the details of the marks awarded to the candidates, learned Special Government Pleader further submitted that both the respondents have put in considerable work experience and therefore, they satisfy the eligibility criteria, and there is no manifest illegality and for the reasons stated supra, prayed for dismissal of the Writ Petition. 6. Heard the learned counsel for the parties and perused the materials available on record. 7. As per the circular of the Indian Nursing Council, New Delhi, dated 24.12.2010, addressed to the Registrar, Tamil Nadu Nurses and Midwives Council, Chennai, the eligibility criteria / admission requirements for M.Sc., Nursing Course are as follows:- The candidates seeking admission to Master's Programme in Nursing must have completed B.Sc. (Nursing) from any Institute or University recognized by Indian Nursing Council. Those seeking admission for specialization in Midwifery (Obstetrics) and Obstretical Nursing, Community Health Nursing and Maternal Child Health Nursing shall be a Registered Midwife, whereas for other specialities, the candidate shall be a Registered Nurse. https://hcservices.ecourts.gov.in/hcservices/ 3 (1) The candidate should be a registered Nurse and Registered Midwife or equivalent with any State Nursing Registration Council. (2) The minimum education requirements shall be the passing of: B.Sc. Nursing/B.Sc., Hons. Nursing/Post Basic B.Sc.Nursing with minimum of 55% aggregate marks. (3) The candidate should have undergone the full time (regular stream not distance mode) course in B.Sc. Nursing/B.Sc. Hons. Nursing/Post Basic B.Sc. Nursing in an institution which is recognized by Indian Nursing Council. (4) Minimum one year of work experience after Basic B.Sc. Nursing . (5) Minimum one year of work experience prior or after Post Basic B.Sc. Nursing (regular stream). (6) Candidate shall be medically fit. 8. The regulations of Dr.M.G.R. Medical University, Chennai, for M.Sc., Post Graduate Degree Course in Nursing, the Tamil Nadu Dr.MGR Medical University, Chennai, the eligibility criteria for admission to the above said course are as follows: The candidates should have "a) Passed the qualification of B.Sc., Nursing Degree of this University or any other University accepted as equivalent there to. b) Should have registered with the State Registration Council of Nursing and Midwifery. c) B.Sc. Nursing Graduates should have one year of experience in teaching hospital or in a College or in a School of Nursing or in Community Health Programme after registration in State Nursing Council. d) Minimum one year of work experience prior or after Post Basic B.Sc Nursing. e) In case of male candidates they should have passed any other course recommended by the Indian Nursing Council in place of Midwifery. Those who have studied Midwifery are eligible for admission to Branch III and IV. f) Every candidate before admission to this course shall submit to the Principal of the institution a certificate of Medical Fitness from an authorised Medical Officer that the candidate is physically fit to undergo the Academic Programme." 9. As per Clause 7 of the present notification, B.Sc., Nursing Graduate (including Post Basic) should have one year working experience in any teaching Hospital/Nursing College/School of Nursing/community Health Centres, from the date of provisional registration in any of the State Council in the country. 10. Perusal of the counter affidavit shows that the fourth respondent has completed Diploma in Nursing Course and got registered as https://hcservices.ecourts.gov.in/hcservices/ 4 Nurse on 16.08.1996. He has completed 14 years of experience. Similarly, the fifth respondent, V.Sheela, has completed Diploma in Nursing Course and got her educational qualification registered from 27.08.1993. She is put in 17 years of experience. However, both the respondents have completed B.Sc., Nursing only in August 2010. There is no material to substantiate. They have not all worked as Nurses after completion of their Diploma Course and therefore, they do not have the work experience. Both the circular of the Nursing Council of India and Dr.M.G.R. University Regulations, stipulated, minimum one year of experience, prior or after Post Basic, Nursing. The conditions make it clear, a degree holder, ie., B.Sc., Nursing, after registration should have one year work experience and a candidate, who has completed Post Basic Nursing, should have work experience either prior or after Post Basic Nursing. Thus it is evident from the above that both the respondents 4 and 5 have adequate work experience, and that they satisfy the eligibility criteria prescribed in Clause 7 of the Prospectus for admission to Post Graduate. 11. Pleadings further disclose that the petitioner has secured 55.10 marks out of 90 earmarked for the academic subject and 10 marks, for completing Post Basic B.Sc. Nursing and that her total mark is 65.10%. In so far as fourth respondent is concerned, his academic mark is 67.36 and that he was not awarded with any mark for his experience. Hence, his total mark is 67.36. V.Sheela, the fifth respondent, has secured 66.79 marks. The above said three persons were placed in the merits list, they are duly selected as against the vacancies. As the respondents 4 and 5 have secured more marks, they have been included in the selection list. 12. Thus it is seen from the above, both the respondents 4 and 5 have satisfied the eligibility criteria. There is no manifest illegality in the impugned selection and hence, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. vsg Sd/- Assistant Registrar[Crl side] /True copy/ TO Sub Assistant Registrar 1. The Director of Medical Education,Directorate of Medical Education Kilpauk, Chennai - 10 2. The Secretary, Selection Committee for M.Sc., Nursing No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 10 3. The Dean, Madurai Medical College, Madurai. +1 cc to Special Government Pleader, SR.No.23348. W.P.(MD).No.5373 of 2011 And M.P.(MD).Nos. 2 & 3 of 2011 Dated:14.07.2011 4P/5C RPB 26.07.2011 https://hcservices.ecourts.gov.in/hcservices/