LITHA THOMAS v. SECRETARY, DEPARTMENT OF HEALTH AND FAMILYWELFARE, GOVERNMENT OF KARNATAKA, BANGALORE
1996-07-31
G.C.BHARUKA
body1996
DigiLaw.ai
G. C. BHARUKA, J. ( 1 ) THE petitioners herein have approached this court seeking a declaration that the vocational higher secondary examinations conducted by the vocational higher secondary board, kerala, should be treated as equivalent to s. s. l. c. or p. u. c. , for the purpose of entering the general nursing course, conducted by the Karnataka state general nursing examination board (r-3) which has been constituted under the Provisions of the Karnataka nurses, midwives and health visitors Act, 1961 (in short 'the State Act' ). ( 2 ) ACCORDING to the petitioners, they after completing the said vocational course with science subjects, have taken admissions in general nursing course in the respondent-institutions. The grievance is that the respondent-state general nursing board, is now refusing to accept the examination fee for the 1st year examination on the ground that the petitioners do not possess the minimum qualification of having passed s. s. l. c. or p. u. c. ( 3 ) IN the statement of objections filed on behalf of the respondent-board, it has been stated that as per the rules framed under the state Act, the minimum qualification prescribed in Rule 7 thereof is 12th standard with science, arts or commerce. According to them, since they have not declared the vocational courses of Kerala as equivalent to 12th standard, therefore the petitioners are not entitled for the relief claimed. ( 4 ) IN the said context, it may be noted here that there is a Central Act as well, on the subject, namely, the Indian nursing council Act, 1947. The preamble of the act provides for Constitution of Indian nursing council in order to establish a uniform standard of training for nurses, midwives and health visitors. The statement of objects and reasons of this act read as under:"provincial nursing councils have been established in all provinces and maintain and registers of qualified nurses, health visitors and midwives. Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education of candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lack of inter-provincial reciprocity in the registration of nurses.
Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education of candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lack of inter-provincial reciprocity in the registration of nurses. To remedy these difficulties it is proposed to enact legislation for the purpose of setting up an Indian nursing council which will prescribe uniform minimum standards of education and training for nurses, midwives and health visitors, supervise examinations, and maintain a schedule of qualifications recognised for registration throughout india". ( 5 ) FOR the purpose of achieving the said objects, under Section 16 of the Central Act the central council has been empowered to make regulations inter alia prescribing the conditions for admission to the courses of training as nurses, midwives and visitors, as also to prescribe standard of examination and other requirements to be satisfied to secure for qualifications recognised under the act. Admittedly, qualification awarded by the third respondent-board is one of the recognised qualifications under the schedule of the Central Act being at si. No. 59 of part i. ( 6 ) THE central council, in its revised regulations for the courses in general nursing and midwifery, has laid down the following eligibility criteria for admission to the courses in question: (I) age for entrance shall be 17 years to 35 years. For anm/lhv age is relaxable upto 35 years, provided they meet minimum educational requirements 12 years of schooling; (II) minimum education all students should have passed 12th class, or its equivalent, preferably with science subjects; (III) admission of students shall be once a year; (IV) students should be medically fit. ( 7 ) IT appears that since controversies of the nature involved herein had arisen in some other states as well, therefore, the central council was called upon to examine and declare as to whether the vocational courses of Kerala can be treated as equivalent to the minimum qualification of class xii.
( 7 ) IT appears that since controversies of the nature involved herein had arisen in some other states as well, therefore, the central council was called upon to examine and declare as to whether the vocational courses of Kerala can be treated as equivalent to the minimum qualification of class xii. In response to any enquiry made by the state secondary board, rajasthan, the secretary of the central council under her letter No. 12-2/94, inc (part file) dated 31-8-1994, communicated to the following effect:"i am to say that the Indian nursing council at its meeting held on 28th july, 1994, considered the question of eligibility for admission to undergo g. n. m. course with the vocational higher secondary examination conducted by the state board of vocational higher secondary examination, Kerala and resolved to write to the state secondary board of Rajasthan that these are the minimum requirements for admission in g. n. m. (revised-1986) course laid down by the Indian nursing council. The state government of Rajasthan has to give equivalency to the certificate of vocational higher secondary examination conducted by the state board of vocational higher secondary examination, kerala". ( 8 ) AGAIN pursuant to enquiry made by the government of andhra pradesh, the central council under its letter No. 7-1/94, inc, dated 6th july, 1994 (annexure-d to W. P. nos. 17344-46 of 1996), had informed that the candidates who passed the p. d. c. or intermediate (10+2) with vocational courses as additional subjects are also eligible for admission in general nursing course. ( 9 ) IT has been admitted on behalf of the respondents that the Karnataka nursing council was also appraised of the said resolution of the central council, under its letter No. 12-2/94, inc pt. i, dated 12-4-1996, but for one or the other reason, the respondents had been feeling hesitant and/or reluctant in acting in accordance therewith. ( 10 ) NOW it has been conclusively declared by the Supreme Court in case of State of Tamil Nadu and Another v Adhiyaman Educational and Research Institute and others , that the topics coordination and determination of standards in technical institutions and education in general are covered by entry 66 of list I and entry 25 of list iii of the seventh schedule to the Constitution of india.
Therefore, if there be any repugnancy between the State Act and the Central Act in relation to any of the matter including the prescription of requisite minimum qualification for entering the courses of study and declaration of equivalence thereof, the Provisions of the Central Act and the declarations made by any statutory authority constituted thereunder, will prevail over the Provisions of the State Act and the rules or regulations made thereunder. ( 11 ) IN the above view of the matter, it is held that the resolution of the central council declaring vocational courses in question as equivalent to 12th class examination for the purpose of entering the general nursing course, is binding on the respondents herein and as such their act of not permitting the students like petitioners at the examination in question is unwarranted and impermissible. Accordingly, the respondents are directed to permit the petitioners to appear at the ensuing examination of the general nursing course, provided they hold the requisite qualification as noticed above and are also otherwise eligible for undertaking the said course and appearing at the examination keeping in view the other statutory requirements in this regard. ( 12 ) THE writ petitions are accordingly allowed, but without costs. --- *** --- .