R. Padmachala vs Secretary to Government, Health and Family Welfare Department and Others

K. Chandru, J.—The petitioner was a trained Nurse, having Diploma in Community Health Nursing course. She is working in the

Government Hospital as District Health Nurse. When the Madras Medical College issued prospectus calling for applications for the course of

Bachelor of Science Nursing (B.Sc. Nursing) for November, 1997, the prospectus prescribed the eligibility criteria for joining the course.

However, in the note appended to the prospectus, it was stated that the Nurses, who have already undergone a Diploma in Community Health

Nursing Course, are not eligible for this course.

The petitioner, curiously, filed the original application before the Tamil Nadu Administrative Tribunal, being O.A. No. 7495 of 1997. The

Tribunal, before admitting the said O.A., did not consider as to whether this would fall within the meaning of Section 3(q) of the Administrative

Tribunal Act, 1985, where the term ""service matter"" is defined. Admittedly, the Tribunal lacked its jurisdiction to decide such an issue, as it does

not fall under the categories found in the term ""service matter"".

In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P. No. 32266 of 2006. Therefore,

it can still be argued that this Court can deal with the issue as the exercise of jurisdiction is done under Article 226 of the Constitution of India. In

any event, when educational authorities prescribes qualification and also excludes certain categories from applying for the said course, it is for the

said authorities to decide such qualifications and disqualifications, unless it is shown that such an exclusion was totally arbitrary and violative of

Article 14 of the Constitution.

In the present case, the petitioner was already trained in Diploma course and engaged in the Government service and a further condition is that

she should serve in the Government service as Nurse. Therefore, there might have been justification to exclude such a candidate from undergoing

the degree course. Since the matter falls squarely under the policy realm of the State, this Court is not inclined to grant the relief sought for by the

petitioner. Accordingly, this writ petition stands dismissed. No costs.