Case Note & Summary
The twelve Petitioners, staff nurses employed in hospitals run by the State of Maharashtra, had completed B.Sc. (Nursing) and were eligible for admission to M.Sc. (Nursing) as per the Indian Nursing Council's regulations, which require a minimum of one year of work experience. They applied, appeared for the common entrance test in September 2012, were selected on merit, and began attending classes. On 1 October 2012, the Director of Medical Education and Research issued a letter to relieve them for the course. However, on 30 October 2012, the State Government refused to relieve them for study leave on the ground that they had not completed five years of service after B.Sc. (Nursing). The Petitioners challenged this refusal. The State argued that it had spent Rs. 3.60 lakhs per year on each candidate's salary during their post basic B.Sc. (Nursing) course on deputation and that a bond required them to serve for five years. The Petitioners offered undertakings to serve for five years after M.Sc. (Nursing). The Court held that the Indian Nursing Council, constituted under the Indian Nursing Council Act, 1947, has prescribed the eligibility criteria for M.Sc. (Nursing), requiring only one year of work experience. The State Government cannot impose additional eligibility requirements beyond those prescribed by the Central Council. The Court allowed the petition, quashed the order dated 30 October 2012, and directed the State to relieve the Petitioners for the M.Sc. (Nursing) course within two weeks.
Headnote
A) Service Law - Study Leave - Eligibility for Higher Studies - Indian Nursing Council Act, 1947 - The State Government refused to relieve staff nurses for M.Sc. (Nursing) course on the ground that they had not completed five years of service after B.Sc. (Nursing), despite the Indian Nursing Council prescribing only one year of work experience as eligibility. The Court held that the norms prescribed by the Indian Nursing Council are binding and the State cannot impose additional eligibility criteria. (Paras 1-4) B) Education Law - Admission Criteria - Binding Nature of Central Council Norms - Indian Nursing Council Act, 1947 - The Indian Nursing Council, constituted under the Act, has prescribed eligibility for M.Sc. (Nursing) requiring minimum one year work experience. The State Government's insistence on five years of work experience was held to be at variance with the Central Council's norms and thus impermissible. (Paras 2-4) C) Service Law - Bond - Study Leave - Condition of Service - The Petitioners had executed a bond to serve the State for five years after post basic B.Sc. (Nursing). However, the Court noted that the Petitioners offered undertakings to serve for five years after M.Sc. (Nursing) and held that the bond could not be used to deny study leave for higher studies when the eligibility norms of the Central Council were satisfied. (Paras 3-4)
Issue of Consideration
Whether the State Government can impose a condition of five years of work experience after completion of B.Sc. (Nursing) for granting study leave to pursue M.Sc. (Nursing) when the Indian Nursing Council has prescribed only one year of work experience as eligibility for admission.
Final Decision
The Court allowed the petition, quashed the order dated 30 October 2012, and directed the State to relieve the Petitioners for the M.Sc. (Nursing) course within two weeks.
Law Points
- Eligibility criteria for admission to M.Sc. (Nursing) course prescribed by Indian Nursing Council under Indian Nursing Council Act
- 1947 are binding on State Government
- State cannot impose additional eligibility requirements beyond those prescribed by the Central Council
- Bond requiring five years of service after post basic B.Sc. Nursing does not justify refusal of study leave for higher studies
