Mary Joice, v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2022
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.17978 of 2010 1.Mary Joice 2.Rajalatchumi 3.Sivakalyani 4.Mary Nickola 5.Shanthi Tamil Mani 6.Vasantha 7.A.Maragatham 8.Jayanthi Kirupavathy 9.Rajakumari Kesari 10.S.Ramani 11.Annamma Mathew 12.Kolanji Devi 13.Rathna 14.Boopathi 15.Josephine Mary 16.Sengamala Selvi 17.Malarvizhi 18.Jayanthi 19.Elizabeth Philip 20.Sarojini Pushpa Reeta Devaraj ...
Petitioners Vs.
1.The Union of India, Represented by Secretary to Government, Ministry of Health and Family Welfare, 2.The Government of Tamil Nadu, Represented by the Secretary to Government, Health Department, Chennai.
3.The Nursing Council of India, Represented by its Registrar,
4.The Nurses Midwifes Council of Tamil Nadu, Represented by its Registrar, Chennai.
5.Indira Gandhi National Open University, Represented by its Registrar, ...
Respondents Prayer :- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the fourth respondent to register the higher qualification of Post basics B.Sc. (Nursing) awarded by the fifth respondent University in the Tamil Nadu State Register of Nurses maintained by the fourth respondent or in the alternative to direct the first respondent to include the said qualification in Part-II of the schedule to the Indian Nursing Council Act, 1947. For Petitioner : Mr.Sai Krishnan For Respondents : Mr.J.C.Durai Raj Additional Government Pleader for R-2 Mr.M.T.Arunan for R3 Mr.A.R.Nixon for R4 Mr.S.saravanan for R5
ORDER
The prayer in the Writ Petition is to issue a Writ of Mandamus directing the fourth respondent to register the higher qualification of Post basics B.Sc. (Nursing) awarded by the fifth respondent University in the Tamil Nadu State Register of Nurses maintained by the fourth respondent or in the alternative to direct the first respondent to include the said qualification in Part-II of the schedule to the Indian Nursing Council Act, 1947.
2. The learned counsel for the petitioners Mr.Sai Bharath would state that though the petitioners are entitled to register their higher qualification, despite the representation of the petitioners, no action was taken by the fourth respondent. He further added that it would suffice to direct the fourth respondent to pass orders on the representation of the petitioners.
3. The learned counsel appearing for the fourth respondent Mr.A.R.Nixon would state that the course undertaken by the petitioners was not approved by the Government of Tamil Nadu, any how, they are ready to consider and pass orders on the representation of the petitioners.
4. Taking note of the fact that this Writ Petition was filed based on the legal notice issued by the petitioners, dated 05.05.2018 and the submissions of the learned counsels, the petitioners are hereby directed to give a fresh representation to the fourth respondent within a period of four weeks enclosing a copy of this order. On such compliance, the fourth respondent shall consider the same and pass orders in accordance with law, after affording reasonable opportunity to the petitioners within a period of twelve weeks therefrom.
5. With the above directions, the Writ Petition is disposed of. There is no order as to costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar r n s To 1.The Secretary to Government, Union of India, Ministry of Health and Family Welfare, 2.The Secretary to Government, Government of Tamil Nadu, Health Department, Chennai.
3.The Registrar, Nursing Council of India, 4.The Registrar, The Nurses Midwifes Council of Tamil Nadu, Chennai.
5.The Registrar, Indira Gandhi National Open University, +1cc to Mr.S.Saravanan, Advocate SR.No.18682 +1cc to Mr.A.R.Nixon, Advocate SR.No.18971 +1cc to Mr.T.Sai Krishnan, Advocate SR.No.18922 +1cc to Mr.M.T.Arunan, Advocate SR.No.18842 +1cc to the Government Pleader, SR.No.18830 W.P.No.17978 of 2010 RSI(CO) CB(28/03/2022)