Petitioner sought writ to restrain respondents from conducting a nursing course for eligibility to a specific post. Court found no proposal was submitted for the course following council input rendering the petition infructuous and dismissed it.
Petition dismissed as infructuous; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2020
CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No.34524 of 2015 and M.P.1 of 2015
The Trained Nurse's Association of India, Tamilnadu State Branch rep. by its President Prof. Mrs.Jaeny Kemp,
No.18, Valli Illak, Vinayakar Koil Street, Poombukar Nagar, Nalvar Layout, Rathinapuri, Coimbatore – 641 027. .. Petitioner Vs.
Health and Family Welfare Department,
Government of Tamilnadu, Fort St. George,
Chennai – 600 009.
Tamilnadu Nursing and Midwife Council,
140, Santhome High Road, Chennai – 600 004.
.. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forebear the respondents 1 and 2 from proposing and/or conducting the 22 months Diploma in Public Health Nursing Course for the Sector Health Nurse and Community Health Nurse in the Tamil Nadu Public Health Subordinate Service for the purpose of making them eligible to hold the post of Maternal and Child Health Officer in the second respondent for which they are unqualified.
For Petitioner : Mr.N.S.Nandakumar
For Respondents : Mr.Akhil Akbar Ali,
Government Advocate – R1 & R2 Mr.A.R.Nixon – R3
This Writ Petition has been filed to forebear the respondents 1 and 2 from proposing and/or conducting the 22 months Diploma in Public Health Nursing Course for the Sector
Health Nurse and Community Health Nurse in the Tamil Nadu Public Health Subordinate Service for the purpose of making them eligible to hold the post of Maternal and Child Health Officer in the second respondent for which they are unqualified.
True Copy
Sub-Assistant Registrar
vrc
To
3.The Registrar, Tamilnadu Nursing and Midwife Council, 140, Santhome High Road, Chennai – 600 004.
CP(CO)
rli(22/05/2020)
W.P. No.34524 of 2015
2 issues framed by the court
Whether the respondents should be restrained from conducting the 22 months Diploma in Public Health Nursing Course.
Whether the eligibility criteria for the post of Maternal and Child Health Officer requires Indian Nursing Council approval.
1 provisions across 1 enactments
The Trained Nurse's Association of India, Tamilnadu State Branch rep. by its President Prof. Mrs.Jaeny Kemp
The Secretary to Government Representing Health and Family Welfare Department, Government of Tamilnadu
The Director of Public Health and Preventive Medicine
The Registrar, Tamilnadu Nursing and Midwife Council
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
