JUDGMENT 1. - By this writ petition under Article 226 of the Constitution of India, the petitioner-Rajasthan Subordinate Service Association, has challenged the legality of the impugned order dated 5th January, 1987 (Annx. 4) and prayed that the same may be quashed and set aside and the members of the Association be allowed to undergo and complete the training in terms of order dated 1st September, 1986. 2. Briefly stated the facts of the case are that the Rajasthan Subordinate Service Association is an association, which has been recognised by the Government of Rajasthan vide order No. F. 2 (1) Apptt. (A. II)/62 dated 22nd February. 1963. The Association has a branch of para-Medical staff, which is affiliated with it and has a membership of 123 who are trained as sector supervisors in Medical and Health Department. It is contended by petitioner that all the Trained Sector Supervisors i.e. those who were para Medical Multipurpose Workers Course Trained and were working as Sector Supervi-rors in the pay scale of 500-860, were sought to be promoted as male nurse Gr. II and for that purpose valid sanction was accorded by the Government on the conditions mentioned in the order dated 1st September, 1986. Accordingly 126 para-Medical Multipurpose Workers working as Sector.Supervisors were sent for one year's short intensive course, and they are to be promoted as Male Nurse Gr. II in the pay scale of 610-1090 and one year period of training is to be treated as on study leave/duty with the payment of the salary as Sector Supervisors. How ever, the letter dated 1st September, 1986, was latter on amended by corrigendum dated 6th October, 1986, whereby the study leave was substituted by duty and date of commencement of training was also changed from 15th September, 1986 to 25th September, 1986. Out of 126 Para-Medical Multipurpose workers 123 reported themselves for training. In the writ petition, it was submitted that when it was filed on the 12th January, 1987, they were undergoing training at different centres. The case of the Association is that the Rajasthan Nurses Association made some representations before the Government and the Government by order dated 5th January, 1987, stayed the operation of the order dated 1st September, 1986. It is this order dated 5th January, which is under challenge in this writ peti' tion. The case of the Association is that the Rajasthan Nurses Association made some representations before the Government and the Government by order dated 5th January, 1987, stayed the operation of the order dated 1st September, 1986. It is this order dated 5th January, which is under challenge in this writ peti' tion. Aggrieved by the order dated 5th January, the petitioner has preferred this writ petition contending that the order dated 5th January, 1987 was passed without hearing the Association or its members and is arbitrary and violative of rights of the members of the petitioner association under Articles 14 and 16 of the Constitution of India. 3. A notice was issued to the respondents to show cause as to why the writ petition should not be admitted and, in the meanwhile, this Court vide order dated 16th January, 1987, stayed the order dated 5th January, 1987 and directed that such candidates who are undergoing training of Male Nurse Gr-II and who have not been relieved so far, will continue their training. Respondents Nos. 1 and 2 have filed their reply to the show cause notice contending that the appointment to the post of Male Nurse Gr. 1-Compounder is regulated by the provisions contained in the Rajasthan Medical and Health Subordinate Service Rules, 1965. Prior to 3rd June, 1982. this post was required to be filled 100% by promotion from amongst the Male Nurse/Compounder-III, who were having the qualification of RNRC or its equivalent qualification recognised by the Government After amendment of the Rules made on 3rd June, 1982, the post is required to be filled 100% by direct recruitment. It is submitted by the respondents that the qualification required for direct recruitment is RNRC or its equivalent qualification recognised by the Government and registered, as A Grade Nurse. It, is further contended that the designation of the post of a Compounder Gr. It and Staff Nurse has been changed to Nurse Grade II. It is also contended that there is no provision for promotion of Para-Medical Multipurpose Workers or Sector Supervisors to the post of Male Nurse II and, therefore, the letter dated 1st September, 1986 was issued in contravention of the statutory rules. It and Staff Nurse has been changed to Nurse Grade II. It is also contended that there is no provision for promotion of Para-Medical Multipurpose Workers or Sector Supervisors to the post of Male Nurse II and, therefore, the letter dated 1st September, 1986 was issued in contravention of the statutory rules. It has also been contended by respondents No. 1 and 2 that for registration, as A-Grade Nurse, a person is required to undergo training which; has been prescribed by the Indian Nurses Council and the Rajasthan Nursing Council. Indian Nursing Council has been given, power to make regulations under Section 16 of the Indian Nursing Council Act, 1947 and in Clause 16(1)(g), the Council has been authorised to prescribe standard curricula for the training of nurses. A candidate is required to pass such training course for getting registration as A-Grade, Nurse by; the Rajasthan Nursing Council. The respondents further denied the contentions made by the petitioner Association The Rajasthan Nurses Association moved an application-for impleading it as a party on the ground that the relief, sought by the petitioner is likely to affect the interest of the trained nurses. This Court vide order dated 6 10.1987, was allowed the said Association to act as Intervener An application was also filed by the Rajasthan Nurses Association (Trained) for impleading it as a party and this Court vide its order dated 10th March, 1987, allowed the Association to act as an intervener in the case. In the application filed by the Rajasthan Nurses Association for impleading it as respondent, certain facts were placed on record. Through this application, it was contended that it is an Association of Nursing Staff throughout the State of Rajasthan and is a registered trade union. The Association represents the interest of 15,000 nursing staff in the various hospitals, sanitation, health centres etc. In the application, it has been averred that the recruitment to the post of Nurse Gr. II is required to be made under the Rajasthan Medical and Health Subordinate Service Rules, 1965. The qualifications for direct recruitment, as laid down in the Rules of 1965 are (1) RNRC or its equivalent qualification recoguised by the Government. (2) Registered A-grade nurse. It is further mentioned that the qualification of RNRC is awarded after completion of the training prescribed by the Rajasthan Nursing Council. The qualifications for direct recruitment, as laid down in the Rules of 1965 are (1) RNRC or its equivalent qualification recoguised by the Government. (2) Registered A-grade nurse. It is further mentioned that the qualification of RNRC is awarded after completion of the training prescribed by the Rajasthan Nursing Council. It is submitted that the letter of the Government dated 1st September, 1986 is against the rules and the qualifications laid down by the Indian Nursing Council. The Association has pointed out that by giving one year's training the members of the Association who are multipurpose workers are sought to be eligible for promotion to the post of Nurse Gr. II. which is against the rules and regulations, Multipurpose Workers are not given any training on the nursing side.The duration of the training in general nursing is three years While objecting the application of the Association for impleading it as a party, the petitioner Association also placed on record certain facts which are relevant for deciding the controversy between the parties. The petitioner Association has pointed out that the Rajasthan Nursing Association cannot have a legitimate grievance against the orders, by which the memberes of the petitioner Associatio have been sent for training nor the Rajasthan Nursing Association can be aggrieved if the members of the petitioner Association are appointed as Male Nurse Gr. II by promotion in terms of remark (b) under Column No. 7 against the above mentioned post at Sr. No. 4 in the amended schedule as per the amendment made vide Notification dated 3rd June, 1982, in the Rajasthan Medical and Health Subordinate Service Rules, 1965. It was further contended by the petitioner Association that the members of the Rajasthan Nursing Association will not suffer any prejudice in as much as there were 900 posts available as on 1st September, 1988 and there are only 550 nursing student and only 500 are trained every year and there is a great dearth of male nurses. The petitioner Association has further explained that the members of the Association had taken training in para-Medical Multipurpose workers and now they are trained in condenesd and intensive training because they were working as AHW after taking training of para-medical Multipurpose workers. It was also explained that while they were working against the posts of AHW, which were abolished, they were adjusted as FPHA--the post which was re-designated as Sector Supervisor. It was also explained that while they were working against the posts of AHW, which were abolished, they were adjusted as FPHA--the post which was re-designated as Sector Supervisor. Still further the Association has explained that after appointment of AHW like the members of the petitioner association as Male Nurse Gr. II, the said process could not be repeated and, thus the Rajasthan Nursing Association could have no legitimate grievance. 4. Shri Calla, learned Counsel for the petitioner Association, has submitted that the case of the petitioner is fully covered by the remarks (6) in 7 Column of the schedule against the post of Nurse Gr-II at Sr. No. 4 of Schedule-I. appended to the Rajasthan Medical: and Health Subordinate Service (Amendment) Rules, 1982, which is reproduced as under: "(b) Those AHWs who, have been trained as AHWs and are actually working against the post of AHWs may also be allowed promotions to the post of Nurse Grade-II as a one time action only" On the basis of this, Shri Calla has submitted that those workers who have been trained as Auxiliary Health Workers are actually working against the post of AHWs have been allowed promotions to the post of Nurse Gr-II as a one time action only. The submission of Shri Calla. thus, is that after amendment of the schedule i.e. after 3rd June, 1982, the members of the Association who were working against the post of AHWs are entitled to be promoted as a one time action only to the post of Nurse Gr. II. The aforesaid provision was made because prior to the amendment of the said Schedule 75% appointments were n ade by direct recruitment and 25% by promotion on the post of Nurse Gr. II and the interest of the candidates like the members of the petitioner association, who were trained as AHWs and were actually working against the post of AHWs had got to be protected as the very post against which the members of the petitioner Association were working on the post of AHWs have been abolished in March, 1980. 5. On the other hand, the submission of Shri G.S. Singhvi, learned Counsel for the Rajasthan Nursing Association is that as the petitioners are not qualified to be promoted to the post of Nurse Gr. II the action of the Government cannot be supported on any ground what so ever. 5. On the other hand, the submission of Shri G.S. Singhvi, learned Counsel for the Rajasthan Nursing Association is that as the petitioners are not qualified to be promoted to the post of Nurse Gr. II the action of the Government cannot be supported on any ground what so ever. The main contention of Shri Singhvi is that the persons having little or no training can not be appointed as Nurse. Shri Singhvi has further submitted that the Rajasthan Nursing Association is mainly interested in an over all welfare of the entire nursing staff in the State and the association is entitled to see that only those persons are recruited in the nursing cadre who had the requisite qualification prescribed by the highest body i.e. the Indian Nursing Council and which are adjudicated by the Rajasthan Nursing Council. 6. We have given our thoughtful consideration to the submission made by Shri Calla supporting the case of the petitioner Association and Singhvi, supporting the case of the Rajasthan Nursing Association and, we have also heard Shri O P. Sharma, learned Addl. Government Advocate on behalf of respondents No. 1 and 2. After hearing the learned Counsel for the parties at length, we are of the opinion that the contention of the Rajasthan Nursing Association, as set out against the petitioner Association that as per the amended schedule, the appointment to the post of Male Nurse Gr. II can be given by promotion only to auxiliary health workers and compounder Gr. III, is not correct. From the facts on record, it is evident that a notice was issued by the Director, Medical and Health Services in the daily issue of Rashtradoot dated 15th November, 1973, whereby applications were invited to select candidates for the training course of Para Medical Multipurpose Workers, at Public Health Training Institute, Jaipur and the qualification for this purpose was High School or equivalent examination in Science with 50 per cent marks. The trainees under this programme were to be paid Rs. 100/- per month as stipend, which was not paid to the for other posts i e. RMRC etc. The members of the petitioner Association were selected for the training. After completion of training for 10 months, the candidates were appointed as Vaccinator/maleria survilance workers in November, 1977. All these Para-medical Multipurpose workers who were working as Vaccinators/MHWs were posted in the pay scale 370-590 as AHW. The members of the petitioner Association were selected for the training. After completion of training for 10 months, the candidates were appointed as Vaccinator/maleria survilance workers in November, 1977. All these Para-medical Multipurpose workers who were working as Vaccinators/MHWs were posted in the pay scale 370-590 as AHW. In March. 1980, when the post of AHWs were abolished all these workers who were working as AWK were adjusted as family planning assistants. In September, 1982 when the Multipurpose Scheme was made applicable all these candidates were adjusted against the post of Sector Supervisors because the nomenclature of the post FPHA was changed to Sector Supervisors. It was in these circumstances that the Director recommended the Government that the Para-Medical Multipurposes Workers trained persons should be sent for condensed course. In order to bring the trained persons at par with the general nursing and midwifery course, a condensed course was conducted under the direct supervision of the Rajasthan Nursing Council. It is also on the record that the petitioner association submitted a detailed representation on 26th August, 1982. The Director sent a letter dated 6th November, 1985 to the Government whereby it was recommended that the candidates who were working against the post of AWH can be appropriately taken on available posts of Male Nurse Gr. II. The Government thereupon sent a letter dated 12th December, 1985 to the Director and the Director sent to reply on 6th March, 1986, that the employees who were trained as PMMWs may be taken as Male Nurse Gr. II with reference to item No. 4(b) of the amended schedule and it was in these circumstances that the Government ultimately passed the order dated 1st September, 1986. From the facts on record there must be no dispute that the members of the petitioner Association had actually worked against the post of AHW and thus, in view of the aforesaid provision referred to above, as appears in the amended schedule, if the members of the Association are sent for training and after completion of training they are allowed to be promoted to the post of Nurse Gr.-II, it cannot be said that the Government committed any illegality. It is true that the members of the Association have no training as contended by the Rajas-than Nursing Association. It is true that the members of the Association have no training as contended by the Rajas-than Nursing Association. But the amendment made in the schedule, as referred to above, makes the position entirely clear that the said amendment was made to give relief to the members of the association and the action of the Government in allowing them to seek promotion to the post of Nurse Gr. II is a one time action only. We are also satisfied that the action of the Government in no way is prejudicial to the Members of the Rajasthan Nursing Association as there are enough vacancies available. 7. In the premises aforesaid, we allow the writ petition and quash the impugned order dated 5th January, 1987 (Annx. 4) and direct that the members of the petitioner association shall be allowed to undergo complete training in terms of the order dated 1st September, 1986, and the members of the petitioner association shall be promoted to the post of the Nurse Gr. II if they successfully pass the said training as contemplated in the order dated 1st September, 1986. 8. In the facts and circumstances of the case, the parties are left to bear their own costs.Petition allowed. *******