Skip to content


S. Baby Francisca Mary Vs. State of Tamil Nadu rep. by by it's Secretary, Health and Family Welfare Department, Chennai and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P. (MD) No.13202 of 2012 & M.P (MD) Nos. 1 & 2 of 2010
Judge
AppellantS. Baby Francisca Mary
RespondentState of Tamil Nadu rep. by by it's Secretary, Health and Family Welfare Department, Chennai and Another
Excerpt:
.....and the technical qualification as must have undergone 18 months training course in mphw(f) in recognized institutions and registered in tamil nadu nursing council. in the impugned call letter, it has been clearly stated that the posts are to be filled up on employment seniority basis. since the petitioner has possessed the necessary academic as well as technical qualifications and she comes within the zone of consideration with regard to the employment seniority, she was hopeful that she would be considered for appointment. however, to her shock and surprise, in the impugned call letter a list of recognized institutions have been given and it has been stated that the students, who had studied in those institutions alone, need to come for certificate verification. even though m/s.....
Judgment:

(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Notification No.19/MRB/2012 dated 24-09-2012 and the consequential call letter in Na.Ka.No.38/MSRB/2012 dated Nil-09-2012 issued by the 2nd Respondent and quash the same as illegal insofar as it relates to the stipulation that students who have studied in the list of 8 private institutions alone are eligible to participate in the Certificate Verification is concerned and consequently direct the 2nd Respondent to consider the petitioner for the appointment to the post of Village Health Nurse.)

Order:

1. This writ petition has been filed by the petitioner for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned Notification No.19/MRB/2012, dated 24-09-2012, and the consequential call letter in Na.Ka.No.38/MSRB/2012, dated Nil-09-2012, issued by the 2nd Respondent and quash the same as illegal insofar as it relates to the stipulation that students, who have studied in the list of 8 private institutions, alone are eligible to participate in the Certificate Verification is concerned and consequently, direct the 2nd respondent to consider the petitioner for the appointment to the post of Village Health Nurse.

2. The case of the petitioner is that shecompleted the course of Multi-Purpose Health Worker (F) at M/s Christian Fellowship Hospital, Oddanchatiram. The said institution is duly recognized by the Tamil Nadu Nurses and Midwives Council. The said council is a statutory body constituted under the Tamil Nadu Nurses and Midwives Act, 1926. The institution, in which, the petitioner studied, has been recognized by the 1st respondent as per G.O.Ms.No.1889, dated 29.10.1984.

3. The petitioner further stated that apart from the above course, she has also completed B.A.(English) degree during 2012. Therefore, she is eligible and qualified to be appointed to the post of Village Health Nurse and she has also registered her name with the District Employment Office, Dindigul, on 05.08.1997.

4. While being so, the 2nd respondent issued the impugned notification dated 24.09.2012. In the said notification 543 vacancies of Village Health Nurses in the Public Health and Preventive Medicine Department have been notified and the 2nd respondent has sought to fill up the said vacancies by adopting employment seniority alone. But in the said impugned notification no condition as to the institution, in which the aspirants has studied, has been stipulated.

5. Pursuant to the above notification, the petitioner was called for certificate verification on 18.10.2012. In the said call letter, the 2nd respondent has notified the academic qualification as passing S.S.L.C or equivalent and the technical qualification as must have undergone 18 months training course in MPHW(F) in recognized institutions and registered in Tamil Nadu Nursing Council. In the impugned call letter, it has been clearly stated that the posts are to be filled up on employment seniority basis. Since the petitioner has possessed the necessary academic as well as technical qualifications and she comes within the zone of consideration with regard to the employment seniority, she was hopeful that she would be considered for appointment. However, to her shock and surprise, in the impugned call letter a list of recognized institutions have been given and it has been stated that the students, who had studied in those institutions alone, need to come for certificate verification. Even though M/s Christian Fellowship Hospital, Oddanchatiram, in which, the petitioner has studied, is duly recognized and registered, it s name has been omitted to be included in the impugned call letter. Hence, she may be deprived of her right to be considered for appointment to the post of Village Health Nurses.

6. The petitioner has come forward by saying that the very proposal to recruit candidates purely on employment seniority basis is ultra virus the Constitution of India and runs counter to the ratio laid down by this Court. Similarly the omission to include other recognized institutions in the impugned call letter imposes unreasonable restriction and as such it amounts to hostile discrimination. Therefore, the petitioner has come before this Court with the relief as stated supra.

7. When the matter was taken up for hearing, this Court, by an order dated 11.10.2012 granted interim stay of the impugned order. Thereafter, the second respondent filed vacate stay petition in M.P(MD)No.2 of 2012 along with counter affidavit, wherein, it is stated that it is the admitted fact that the petitioner completed the course of Multipurpose Health Worker (F) in M/s Christian Fellowship Hospital, Oddanchatiram. However, the said institution has been recognized only for General Nursing and not for the Multipurpose Health Worker/FM in the Government Order cited. It is also stated that the Director of Public Health and Preventive Medicine, who is the appointing authority for the post of Multipurpose Health Worker (F), in his letter has clarified that only the candidates, who completed the ANM/VHM courses in the following institutions are eligible for appointment as ANM/VHN.

Government Institutions:-

1. MPHW(F) Training School, Cuddalore at Villupuram.

2. MPHW(F) Training School, Tirunelveli at Salem.

3. MPHW(F) Training School, Ramanathapuram at Madurai.

4. MPHW(F) Training School, Kasturbai Hospital, Gandhigram, Dindigul District.

Private Institutions:-

1. Sagaya Madha Hospital, Trichy.

2. Sri IvanStedfor Hospital, Ambattur, Chennai -53.

3. Holy Family Hansenorium, Trichy.

4. Voluntary Health Services, Adayar, Chennai.

5. Sevasamajam, Chennai.

6. C.D. Hospital, Tondiarpet, Chennai.

7. Durgabai Deshmukh Hospital, Adyar, Chennai.

8.The second respondent also stated that the certificate issued by the Director of Public Health and Preventive Medicine, Chennai 6 alone eligible for the post of Village Health Nurses. Therefore, as per the above rules prescribed by the appointing authority, namely, Director of Public Health and Preventive Medicine, the petitioner is ineligible to be appointed as VHN and hence, the petitioner's statement is wrong. The second respondent further stated that it is admitted fact that the Medical Services Recruitment Board has issued notification calling for candidates to fill up 543 vacancies of VHN in Public Health and Preventive Medicine Department on employment seniority and communal rotation basis in view of the policy decision and instructions contained in G.O.Ms.No.1, Health and Family Welfare (C2) Department, dated 02.01.2012. Therefore, the second respondent, who is the subordinate to Government, is implementing the instructions contained in Government Order and there is no violation of rules or any legal infirmity in this.

9.The second respondent come forward by saying that the petitioner is not eligible for the post of Village Health Nurse. The persons, who are successfully completed the 18 months Multi Purpose Health Welfare course after passing their 10th standard are eligible and will be appointed as a Village Health Nurse in the rural hospitals and also will be appointed as VHN in the rural hospitals and also will be appointed as ANMs in the Government Hospital and Medical College Hospitals. But to qualify for the post of VHN or ANM, they have to successfully complete 18 months course of Multi Purpose Health Workers course in the recognized institution. This petitioner produced the Transfer Certificate by stating that she underwent a training course Multi Purpose Health Worker Female training during the year 1994-1996. During the said period, the institution, wherein she claimed that the institution, in which she underwent her academic course, the notified appointments are to suit the need of the rural population and the MPHW course are special designed for those purpose, lent any other higher or additional qualification other than this qualification will not serve the purpose.

10. The second respondent further states that the adhoc rules for the recruitment clearly states as follows:-

i) Must have passed S.S.L.C and

ii) A certificate granted by the Director of Public Health and Preventive Medicine or by any other recognized Institute approved by the Government of Tamil Nadu, for having undergone the long term Multi purpose Health Workers Training Course; or

iii) (a)A Certificate for undergone the Sanitary Inspector Course granted by the Public Health and Preventive Medicine or by any other recognized Institute approved by the Government of Tamil Nadu; and

(b) A certificate for having undergone the short term training course under Multi Purpose Health Worker Scheme;

Provided that the existing incumbent must possess the certificate for having undergone the short term training course under Multi Purpose Health Workers Scheme and must acquire long term training 'under' Multi Purpose Health Workers Scheme within four years from the date of appointment.

(c) Must acquire long term training course under Multi Purpose Health Workers Scheme within five years from the date of appointment; and

iv) Must possess Physical fitness for camp life.

11. The second respondent further states that the Government in its G.O.Ms.No.1, Health and Family Welfare (C2) Department, dated 02.01.2012, has laid down the procedure for recruitment to the post which is re-produced.

The Medical Services Recruitment Board will be in-charge of direct recruitment of all Para Medical including Nurses and basic services by obtaining due seniority list from Employment Exchange required for all Directorates and Hospitals functioning under Health and Family Welfare Department.

12. Hence, the second respondent is implementing only the procedure laid down in the G.O., and it is the recruitment policy of the Government by taking employment seniority to have transparency in recruitment.

13. It is further stated by the second respondent that pursuant to the above rules, the Director of Public Health, who was the authority before establishing this Board, has stated as follows:-

Academic qualification of Village Health Nurse: A pass in S.S.L.C.

Technical Qualification: Must have undergone 18 months training in Multi Purpose Health Worker (female) in recognized institution. The course completion certificate is being issued by the Director of Public Health and Preventive Medicine, Chennai-6, and should be registered in Nursing Council and should have Physical fitness to hold the post.

Name of the Government Institutions:

1. Health and Family Welfare Training Centre, Madurai.

2. Health Manpower Development Institute, Salem.

3. Health Manpower Development Institute, Villupuram.

Name of the Private Institutions:-

1. Sagaya Madha Hospital, Trichy.

2. Sri IvanStedfor Hospital, Ambattur, Chennai -53.

3. Holy Family Hansenorium, Trichy.

4. Voluntary Health Services, Adayar, Chennai.

5. Sevasamajam, Chennai.

6. C.D. Hospital, Tondiarpet, Chennai.

7. Durgabai Deshmukh Hospital, Adyar, Chennai.

8. Kasthuribai Hospital, Gandhigramam.

14. Therefore, the petitioner has applied with ineligible qualification as stated supra and approached this Court. Therefore, the second respondent sought for dismissal of the writ petition.

15. Heard Mr.M.E.Ilango, learned counsel for the petitioner as well as Mr.Aairam K.Selvakumar, learned Government Advocate appearing for the first respondent and Mr.T.S.Mohammad Mohideen, learned Additional Government Pleader appearing for the second respondent and I perused all the relevant records.

16. As per G.O.Ms.No.1889, Health and Family Welfare (C1) Department, dated 29.10.1984, the Christian Fellowship Community Health Centre, Oddanchatram, Madurai District is recognized by the Government under Rule 37 of Rules framed under Section 11(2) of the Tamil Nadu Nurses and Midwives Council Act, 1926.

17. During the Course of argument, the learned counsel for the petitioner has produced several Government Orders. The case of the petitioner is that at the time of qualifying the course the institution does not hold recognition but after that the Tamil Nadu Nurses and Midwives Council, Madras, by its letter dated 11.02.1997 has ratified their candidature and were also permitted to register with their council. Therefore, this petitioner has also registered with the council on 02.09.1997 itself and from the above it would clear that the petitioner is having necessary qualification and is within the zone of consideration. But due to some inadvertence and the institution at present is not recognized the same had not been included in the impugned notification dated 24.09.2012 and impugned call letter dated September 2012.

18. The petitioner has also produced a letter received under the Right to Information Act, dated 17.03.2014, wherein, it was informed about the recognition of Institution, by name, Christian Fellowship Hospital, Oddanchatram, to conduct Multipurpose Health Worker Course. The said Institution had conducted ANM/Multipurpose Health Worker Course from the academic year 1978-1980 and from 1994 to 1996 with due recognition by the Board of Nursing Education. The certificates issued to the successful candidates were registered by Tamil Nadu Nurses and Midwives Council. In another letter dated 11.04.2014, it was informed by the Secretary/PIO, Indian Nursing Council, Combined Council Building, Kotla Road, Temple Lane, New Delhi that the Christian fellowship hospital, Oddanchatram, Dindigul District, Tamil Nadu (2901023) was recognized by Indian Nursing Council in the month of August 1997. After that the said institution was closed from ANM programme with effect from 01.04.1998 as per Indian Nursing Council record.

19. Apart from this, at the time of qualifying the course the institution does not hold recognition but after that the Tamil Nadu Nurses and Midwives Council, Madras by its letter dated 11.02.1997 has ratified the course studied by the petitioner and have ratified their candidature and were also permitted to register with their council. After that, the petitioner had also registered with the council on 02.09.1997 itself and from the above, it would clear that the petitioner is having necessary qualification and is within the zone of consideration. When the institute, namely, Christian fellowship hospital, Oddanchatram, Dindigul District, in which, the petitioner has studied, is duly recognized by the Tamil Nadu Nurses and Midwives Council and the petitioner's certificate was registered with the Tamil Nadu Nurses and Midwives Council, she is entitled for the appointment to the post of Village Health Nurse. Therefore, the case of the petitioner has to be considered and the writ petition ought to be disposed of with the above terms.

20. Accordingly, I am passing the following orders:-

(a) the respondents are directed to call for the petitioner for the post of Village Health Nurse and make enquiry and verify the certificates by taking into account that the petitioner has undergone the Course in the Christian fellowship hospital, Oddanchatram, Dindigul District and registered her certificate at the Tamil Nadu Nurses and Midwives Council, and appoint the petitioner as Village Health Nurse.

(b) the said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //