In a writ petition challenging the lack of registration for a nursing qualification, the Madras High Court directed the petitioners to file a fresh representation to the fourth respondent.
Directed petitioners to file a fresh representation to the fourth respondent within four weeks; fourth respondent to consider and pass orders within twelve weeks.
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 : 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, New Delhi. 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, New Delhi.
4.The Nurses Midwifes Council of Tamil Nadu, Represented by its Registrar, Chennai.
5.Indira Gandhi National Open University, Represented by its Registrar, New Delhi. ... 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.
Sd/-
Assistant Registrar(CS-VII)
// True Copy //
Sub Assistant Registrar
r n s
To
The Nurses Midwifes Council of Tamil Nadu, Chennai.
5.The Registrar, Indira Gandhi National Open University, New Delhi.
+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)
2 issues framed by the court
Whether the petitioners are entitled to a directive to register their Post basic B.Sc. (Nursing) qualification.
Whether the fourth respondent was required to register the qualification or the first respondent to include it in the schedule.
2 provisions across 2 enactments
Mary Joice
Rajalatchumi
Union of India
Government of Tamil Nadu
Nursing Council of India
Nurses Midwifes Council of Tamil Nadu
K.Kalyanasundaram
As recorded by the court registry
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