· THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO + W.P.No. 23469 OF 2007 % Dated 11.04.2008 # P.Sankaramma …. Petitioner Vs. $ The Government of A.P., rep. By Director of Medical Education and another. ….Respondents ! Counsel for petitioners: M/s. K.Rathanga Pani Reddy. ^Counsel for Respondents: GP for Medical and Family Welfare. <GIST: > HEAD NOTE: ? Cases referred THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP NO. 23469 OF 2007 ORAL ORDER: This writ petition has been instituted aggrieved by the action of the respondents in not considering the application of the petitioner for admission to the 1st year B.Sc., (Nursing course). The writ petitioner after having passed SSC (10th Class) examination conducted by the State Board of Secondary Education prosecuted the two year Multi Purpose Health Worker (Female) course conducted by the Board of Intermediate Education, Andhra Pradesh, Hyderabad. This course was considered as Intermediate (Vocational course). Since the petitioner secured more than 75% of marks in aggregate, she had been declared to have passed the said examination in `A’ grade in March, 2007. Writ Petitioner asserts that the curriculum for the Multi Purpose Health Worker (Vocational course) set by the State Institute of Vocational Education of the Board of Intermediate Education in no unmistakable terms indicated that the candidates who passed the said course without pursuing the “Bridge course” will be eligible to seek admission for General Nursing Mid-wifery (GNM) or B.Sc., (Nursing) where as those candidates who have prosecuted this course as well as the Bridge course are eligible to seek admission to general B.Sc., and are also eligible to appear for the EAMCET examination. According to the State Institute of Vocational Education of the Board of Intermediate Education, the students who prosecute this Multi Purpose Health Worker (Female) Course will be imparted skills to bring health awareness amongst individuals, families and community, become able to motivate eligible couples to adopt family planning methods, to develop basic skills in immunization and to provide first aid and emergency disaster care apart from acquiring ability to organize health clinics like anti natal, post natal and well baby clinic etc. Its also pointed out that the students are also provided the learning experience in fundamentals of Nursing, Medical Surgical, Nursing and maternal and child health nursing aspects. The petitioner has also enclosed the Memorandum of marks issued by the Board of Intermediate Education in her favour to indicate that she had been taught and tested in the subjects of Fundamentals of Nursing and First aid, Anatomy, Physiology, Micro Biology, Community Health Nursing and also tested in the practical aspects of Medical Surgical Nursing and pharmacology, Maternal and Child Health Nursing amongst other subjects taught and tested. Therefore, the writ petitioner claims that she is eligible to seek admission for B.Sc., (Nursing) course. The Director of Medical Education has taken out a notification inviting applications from both male and female candidates for admission into 1st year of the 3 year General Nursing and Midwifery courses in various general hospitals in the State. The educational qualifications notified as required are that a candidate should have passed XII class or Intermediate or its equivalent examination preferably with Science subjects. It was further notified that the candidates are required to possess minimum of 45% of aggregate marks in Intermediate or its equivalent examination. In Note (1), it has been pointed out that selections will be made purely on merit, on the basis of aggregate marks obtained by the candidates in group subjects, excluding languages. While deciding the merit of the candidates, those who qualify under compartmental system will be placed after candidates who passed in a single attempt. The last date for submission of the applications was set as 18.7.2007. The writ petitioner applied for admission against this notification. But, however, the writ petitioner has not been issued any call letter for admission and that when she had enquired with the Superintendent of Government General Hospital at Kurnool, she has been tersely told that since she did not appear for the Bridge course along with the Multi Purpose Health Worker (Female) course conducted by the Board of Intermediate Education she is not eligible to seek admission into the B.Sc., (Nursing) course. The entire controversy in this writ petition, therefore, centers around, the question as to whether the Multi Purpose Health Worker (Femable) which is a vocational course imparted by the Board of Intermediate Education can be construed as an equivalent examination to XII Class or Intermediate examination itself. The State Legislature with a view to provide for the establishment of a Board to regulate and supervise the system of Intermediate Education in the State had enacted the Andhra Pradesh Intermediate Education Act, 1971, Act 2 of 1971, henceforth referred to as `Act’. Various expressions found in the enactment have been defined in Section 2. “Intermediate Examination” has been defined in sub-section 8 of Section 2 as meaning the examination conducted by the Board according to the regulations. Section 9 of the Act dealt with the powers of the Board and it reads as follows: Sec.9. Powers of the Board :- (1) Subject to such directions as the Government may give in this behalf and to the other provisions of this Act, the Board shall have the following powers, namely : (i) to make regulations, providing for courses of study and medium of instruction in such branches of Intermediate Education as it may think fit, and for carrying out other purposes of this Act; (ii) xxxxxxxxx. (iii) Xxxxxxxxx. (iv) Xxxxxxxxx. (v) Xxxxxxxxxx. (vi) to conduct the Intermediate Examination, to take all steps ancillary thereto and publish the result thereof; (vii) to grant certificates to the candidates who have passed the Intermediate examination; (viii) xxxxxxxxxxx. (ix) Xxxxxxxxxxx. (x) Xxxxxxxxxxx. (xi) Xxxxxxxxxxx. (xii) to recognize, any diploma or certificate granted by any other Board or educational authority, whether within or outside the State, as equivalent to the certificate granted by the Board, and any course of study undertaken by the candidates as sufficient for the purposes of admitting them for the Intermediate examination; Thus the Board has been vested with comprehensive powers not only to make regulations for providing courses of study in such branches of Intermediate Education as it may think appropriate, but it was also conferred the power to conduct the Intermediate examination and publish the results thereof and grant certificates in favour of those who have passed the said examination. The Board has been conferred the power to recognize any Diploma or Certificate granted by any other Board or educational authority both within and outside the State as equivalent to the certificate granted by the Board itself. It will be important to notice at this stage clause (b) of sub- section (2) of Section 9 which reads as under : 9(2) Notwithstanding anything in any law relating to the Universities for the time being in force in the State,- (a) xxxx (b) any person passing the Intermediate examination and holding a certificate granted by the Board therefore shall be eligible for admission into any college in the State to a course of study qualifying students for admission to University examinations in accordance with the regulations of the University concerned. Thus, any person passing the Intermediate examination and holding a certificate granted by the Board therefore shall be eligible for admission into any college in the State to a course that qualifies the students for admission to University examinations. In other words, such of those who are declared to have passed the Intermediate examination and were given the certificate in that regard by the Board of Intermediate Education are eligible to pursue degree courses. The expansive definition given to the expression Intermediate Education in Section 2(8) of the Act read with Section 9 of the Act makes this position very clear that a certificate issued by the Board of Intermediate Education declaring a candidate to have passed the Intermediate Education is sufficient and good enough to render such a candidate eligible for seeking admission into degree courses of any University. Therefore, there was no further necessity for one to entertain any doubt with regard to the equivalence of the Intermediate (Vocational course) such as the Multi Purpose Health Worker (Female) conducted by the Board of Intermediate Education to the conventional Intermediate course conducted by that very Board. Further, BOI was conferred the power to recognize any diploma or certificate issued by some other Institution as equivalent to the Intermediate course conducted by it. Logically, BOI being the statutory agency in the State entrusted with the task of granting certificates, is not required to certify one course or the other conducted by it as equivalent to the other course run by it. The question of equivalence would perhaps arise if the statute left any room for doubt in this regard. Since Section 9(2)(b) refers to “Intermediate examination”. It has to follow, a natural corollary, that the students who have passed the Intermediate (Vocational) course are equally eligible to seek admission in any degree course offered by any University. Its altogether a different thing to say that unless those who pursued the Intermediate Vocational course also simultaneously pursue the Intermediate Bridge course, as ineligible to appear for the EAMCET examination which provides such candidates an opportunity to stake claim for admission into MBBS/BDS courses among various other courses. Insofar as the B.Sc., Nursing course is concerned, the action of the respondents to have doubted the eligibility of the writ petitioner is totally unwarranted. The notification published by the Director of Medical Education inviting applications is clear that such of those students who have passed XII class or Intermediate Education or its equivalent examination are eligible to seek admission and the respondents have unnecessarily entertained a doubt whether Intermediate (Vocational) course of Multi Purpose Health Worker (Female) is equivalent to the conventional Intermediate Examination or not. As already pointed out supra, that was a redundant enquiry. In fact, if the respondents had entertained any such doubt, they should have got it clarified by the Board of Intermediate Education instead of rejecting the candidature of the petitioner altogether. Unfortunately, the respondents tried to place reliance upon the rules notified through G.O.Ms.No.313, HM&FW(M2) Department, dated 16.8.1997, which were subsequently amended through G.O.Ms.No.139, HM&FW(M2) Department, dated 14.5.1998. These rules no doubt have been promulgated by the Governor in exercise of the power available to him under Section 99 of the Education Act, 1982 and consequently they have the force of law. However, those rules seek to regulate the process of admission into private nursing colleges. They do not regulate the admission process into the government run nursing colleges, admission into which institutions the notification has been issued by the Director of Medical Education and published on 17.6.2007 with which we are concerned in this case. Therefore, even on this count the respondents have acted incorrectly. The amendment brought about to sub-rule (2) of Rule 3 of the Rules through G.O.Ms.No.313, dated 16.8.1997, no doubt, discloses that the candidates who have studied physical sciences or biological sciences at their 10+2 are eligible for admission. The rule making authority has used the word “or” in between physical sciences and biological sciences. The word “or” is normally used as a disjunctive but not as conjunctive though it is read at times vice versa to give effect to the manifest intention of the legal instrument as can be discerned from the context. The present context in which the rule making authority has used the word “or” does not enable the said word to be used as “and”. Therefore, if a student has studied physical sciences or even biological sciences and not necessarily both these branches, is equally eligible to stake a claim for admission. For instance, for XII Class examinations conducted by the Central Board of Secondary Education, students are required to study physical sciences and biological sciences along with social studies subject also. Whereas the 2 year Intermediate course offered by the Board of Intermediate Education provides an option to the students, to study physical sciences alone in the combination of Maths subject without compulsorily studying the biological sciences. I therefore consider that the writ petitioner is eligible to seek admission to B.Sc., Nursing course. The learned Asst. Government Pleader for Medical and Health has pointed out that the B.Sc., Nursing course had already commenced on 29.8.2007 for the academic year 2007-2008 and that all the seats have been filled in. More than seven months of the three year course has already been completed. Therefore, granting admission in favour of the writ petitioner at this stage will not serve any purpose inasmuch as she would not stand to gain in any manner without having received the necessary training in various subjects in the past over seven months. It will not be in the interest of any one to grant admission particularly towards the end of the academic year. However, learned counsel for the petitioner disputed this fact and asserts that there are still five seats left unfilled. I therefore allow this writ petition directing the respondents to consider the candidature of the writ petitioner for admission to B.Sc., Nursing course against any of the vacant or leftover seats, but however, she will be permitted to appear for examinations along with the 2008-09 batch students. If there are no seats vacant, for the academic year 2008-2009, if she submits her application without in any manner disqualifying her on the ground that she has not appeared for the Bridge course conducted by the Board of Intermediate Education, her case for admission be considered. To the above extent, the writ petition stands allowed at the stage of admission. -------------- 11-04-2008 knk