J.merula 2.V.ahila 3.G.lakshmi 4.Gowri Mohan v. The Commissioner Chennai Corporation District Family Welfare Department Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 31 / 01 / 2012CORAMTHE HONOURABLE MR.JUSTICE ELIPE DHARMA RAOANDTHE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NOS.380 OF 2008, 27595 OF 2008 AND 18194 OF 2009 W.P.NO.380 OF 2008 1.J.Merula2.V.Ahila3.G.Lakshmi4.Gowri Mohan ... Petitioners Versus The CommissionerChennai CorporationDistrict Family Welfare DepartmentChennai. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance ofWrit of Mandamus, to direct the respondent herein to consider the promotion of the petitioners inthe post of Maternity Child Health Officer, as per the panel prepared by the respondent in ref.Ma.Ku.Na (Ma) Ma.Ku.No.F5/1066/2007 dated 22.01.2008 and to promote the petitioners herein asMaternity Child Health Officers, in accordance with the service rules with all monetary andattendant benefits. For Petitioners : Mr.P.T.Perumal For Respondent : Mr.V.Bharathidasan W.P.NO.27595 OF 2008 1.K.Kalaimani2.S.Vijayalakshmi3.D.Saraswathi4.Malarvizhi5.P.Loganayaki6.E.Shakila7.K.Dhanalakshmi8.G.Chandrakala9.K.S.Chitra10.P.Hemavathy11.V.Shanthi12.Jamuna A. 13.P.S.Indira14.D.Parameswari15.J.Merula16.V.Ahila17.Lakshmi Govindaswamy18.Gowri Mohan ... Petitioners Versus 1.The Tamil Nadu Nurses and Midwives CouncilSanthome High Road,Chennai � 600 006.2.The School of Health SciencesIndira Gandhi National Open UniversityNew Delhi.3.The Director of Medical EducationKilpauk,Chennai � 600 010.4.The Director of Medical and Rural Health ServicesChennai.5.J.Joshua6.Maglin R.Samuel7.R.P.Prasad8.E.Sheeba Karunyam9.K.Karthiga(R5 to R9 impleaded as per order dated16.11.2009 in M.P.No.1 / 2009 inW.P.No.27595 / 2008)10.The Indian Nursing CouncilCombined Councils BuildingsKotla Road, Temple Lane,New Delhi � 110 001.(R10 impleaded as per order dated30.11.2009 in W.P.No.27595 / 2008) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance ofWrit of Mandamus, to direct the 1st respondent to register the additional qualification of thepetitioner viz., B.Sc., Nursing in the registration of the petitioners as an additional qualification asper the Degree granted by the 2nd respondent and consequently, directing the respondents 3 and 4to consider the additional qualification for all monetary and service benefits. For Petitioners : Mr.P.T.Perumal For Respondent - 1 : Mr.A.R.Nixon For Respondent � 2 : Mr.R.Thyagarajan, Senior Counselfor Mr.D.Krishnakumar For Respondents � 3 & 4 : Mrs.Dakshayini ReddyGovernment Advocate For Respondents � 5 to 9 : Mr.S.Conscious Elango For Respondent - 10 : Mr.M.T.Arunan W.P.NO.18194 OF 2009 Association of Recognised Private NursingSchools and CollegesRepresented by its PresidentR.Vivekanandan ... Petitioner Versus1.State of Tamil NaduRep. By its Secretary to GovernmentHealth and Family Welfare (MCAI) DepartmentFort St. George, Chennai � 600 009. 2.The Director of Medical EducationKilpauk, Chennai � 600 010. 3.The Director of Medical and RuralHealth ServicesChennai. 4.The Tamil Nadu Nurses and Midwives CouncilSanthome High Road, Chennai � 600 004. 5.The School of Health ServicesIndira Gandhi National Open UniversityNew Delhi. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance ofWrit of Mandamus, to forbear the respondents 1 to 4 from allowing the 5th respondent fromconducting the Post Basic B.Sc. Nursing Degree course in the study centers at Tamil Nadu for thepurpose of conferring the Post Basic B.Sc. Nursing Degree without the recognition of therespondents 1 and 4. For Petitioner : Mr.T.ChellapandianFor Respondents � 1-3 : Mrs.Dakshayini ReddyGovernment AdvocateFor Respondent - 4 : Mr.A.R.NixonFor Respondent � 5 : Mr.R.Thyagarajan, Senior Counselfor Mr.D.KrishnakumarCOMMON ORDER D.HARIPARANTHAMAN, J. In view of the common issues involved in these writ petitions, they have been taken up together forfinal disposal and a common order is passed. PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance ofWrit of Mandamus, to forbear the respondents 1 to 4 from allowing the 5th respondent fromconducting the Post Basic B.Sc. Nursing Degree course in the study centers at Tamil Nadu for thepurpose of conferring the Post Basic B.Sc. Nursing Degree without the recognition of therespondents 1 and 4. For Petitioner : Mr.T.ChellapandianFor Respondents � 1-3 : Mrs.Dakshayini ReddyGovernment AdvocateFor Respondent - 4 : Mr.A.R.NixonFor Respondent � 5 : Mr.R.Thyagarajan, Senior Counselfor Mr.D.KrishnakumarCOMMON ORDER D.HARIPARANTHAMAN, J. In view of the common issues involved in these writ petitions, they have been taken up together forfinal disposal and a common order is passed. 2.The petitioners numbering 4 in W.P.No.380 of 2008 are working as Staff Nurses in the Hospitalsrun by the Chennai Corporation. The Commissioner, Chennai Corporation is the sole respondent inthe said writ petition. The petitioners have passed Post Basic B.Sc. Nursing. They filed the writpetition seeking for a direction to the respondent to consider them for promotion to the post ofMaternity Child Health Officer as per the panel prepared by the respondent in the proceedingsdated 22.01.2008 and to promote them as Maternity Child Health Officers in accordance with theservice rules. 3.The petitioners numbering 18 in W.P.No.27595 of 2008 are Staff Nurses working in GovernmentHospitals. They registered their names in the Tamil Nadu Nurses and Midwives Council, aftercompleting Diploma in Nursing and Midwifery course. They completed the said course during theperiod 1980 and 1996. They underwent Post Basic B.Sc. Nursing through distance mode in IndiraGandhi National Open University in the study centres run by them in Tamil Nadu between 1995 and2007. They sought to register their additional qualification viz., Post Basic B.Sc. Nursing with theTamil Nadu Nurses and Midwives Council. However, the Tamil Nadu Nurses and Midwives Councilrefused to register their additional qualification. Hence, they filed the writ petition in W.P.No.27595of 2008 seeking for issuance of writ in the nature of mandamus directing the Tamil Nadu Nurses andMidwives Council to register their additional qualification. 4.In W.P.No.27595 of 2008, the Tamil Nadu Nurses and Midwives Council, Chennai is the firstrespondent; the School of Health Sciences, Indira Gandhi National Open University, New Delhi isthe second respondent; the Director of Medical Education, Kilpauk, Chennai is the third respondent;the Director of Medical and Rural Health Services, Chennai is the fourth respondent. Respondents 5to 9 are individuals, who underwent B.Sc., Nursing regular course, while the petitioners did thesame through distance mode. Indian Nursing Council, New Delhi is the 10th respondent. 5.The writ petition in W.P.No.18194 of 2009 is filed by the Association of Recognised PrivateNursing Schools and Colleges, Chennai. The Association has sought for issuance of writ in thenature of mandamus forbearing the respondents 1 to 4 from allowing the 5th respondent viz.,Schoolof Health Services, IGNOU, Delhi from conducting Post Basic B.Sc. Nursing course in the studycentres at Tamil Nadu for the purpose of conferring Post Basic B.Sc. Nursing without therecognition of the respondents 1 and 4. 6.In W.P.No.18194 of 2009, the Secretary to Government, Health and Family Welfare Department,Government of Tamil Nadu is the first respondent. The second and third respondents are theDirector of Medical Education and the Director of Medical and Rural Health Services, Chennairespectively. The fourth respondent is the Tamil Nadu Nurses and Midwives Council, Chennai andthe fifth respondent is the School of Health Services, Indira Gandhi National Open University, NewDelhi. 6.In W.P.No.18194 of 2009, the Secretary to Government, Health and Family Welfare Department,Government of Tamil Nadu is the first respondent. The second and third respondents are theDirector of Medical Education and the Director of Medical and Rural Health Services, Chennairespectively. The fourth respondent is the Tamil Nadu Nurses and Midwives Council, Chennai andthe fifth respondent is the School of Health Services, Indira Gandhi National Open University, NewDelhi. 7.The Indira Gandhi National Open University, New Delhi (shortly "IGNOU") is a Central Universityestablished by an Act of Parliament (Act 50 of 1985) in the year 1985, in accordance with theprovisions contained in Section 2(f) of the University Grants Commission Act, 1956 and thus, IGNOUis empowered to award degrees in terms of Section 22(1) of the University Grants Commission Act,1956. 8.IGNOU conducts various programmes and awards Degrees / Diplomas / Certificates. We are concerned herein about the conferring of Post Basic B.Sc. Nursing by IGNOU to the candidates, whostudied in the study centres at Tamil Nadu. 9.At this juncture, it is relevant to take note of the Indian Nursing Council Act, 1947 that wasenacted by the Parliament, an Act to constitute Indian Nursing Council, to establish uniformstandard of training for Nurses, Midwives and Health Visitors. In this regard, it is pertinent to noteSections 10(1) and 11(1) and more particularly, Section 11(1)(c) of the Indian Nursing Council Act,which read as follows: "10. Recognition of qualifications. (1) For the purposes of this Act, the qualifications included in[Part I of] the Schedule shall be recognised qualifications, and the qualifications included in Part IIof the Schedule shall be recognised higher qualifications. 11. Effect of recognition. [(1)] Notwithstanding anything contained in any other law,- (a) any recognised qualification shall be a sufficient qualification for enrollment in any State register(b) no person shall, after the date of the commencement of this Act, be entitled to be enrolled in anyState register as a nurse, midwife, [auxiliary nurse-midwife,] health visitor, or public health nurseunless he or she holds a recognised qualification : Provided that any person already enrolled in any State register before the said date may continue tobe so enrolled notwithstanding that he or she may not hold a recognised qualification : Provided further that any person who was immediately before the said date entitled to be enrolled inany State register but was not so enrolled shall, on application made in this behalf before the expiryof two years from the said date be entitled to be enrolled in that register ; (c) any person holding a recognised higher qualification shall be entitled to have the qualificationentered as a supplementary qualification in any State register in which he or she is enrolled, andafter the said date no person shall be entitled to have entered as a supplementary qualification inany State register any qualification which is not a recognised higher qualification."The aforesaid provisions make it clear that if the higher qualification is recognised by including thesame in Part�II of the Schedule of the Indian Nursing Council Act, the person, holding therecognised higher qualification, shall be entitled to have the qualification entered as asupplementary qualification, in any State register, in which he / she is enrolled, as per Section11(1)(c) of the Indian Nursing Council Act. (c) any person holding a recognised higher qualification shall be entitled to have the qualificationentered as a supplementary qualification in any State register in which he or she is enrolled, andafter the said date no person shall be entitled to have entered as a supplementary qualification inany State register any qualification which is not a recognised higher qualification."The aforesaid provisions make it clear that if the higher qualification is recognised by including thesame in Part�II of the Schedule of the Indian Nursing Council Act, the person, holding therecognised higher qualification, shall be entitled to have the qualification entered as asupplementary qualification, in any State register, in which he / she is enrolled, as per Section11(1)(c) of the Indian Nursing Council Act. 10.Section 2(c) of the Indian Nursing Council Act defines that "State Council" means a Council (bywhatever name called) constituted under the law of a State to regulate the registration of Nurses,Midwives or Health Visitors in the State. In the State of Tamil Nadu, the Tamil Nadu Nurses andMidwives Council is the State Council, as per Section 2(c) of the Indian Nursing Council Act, 1947.The Tamil Nadu Nurses and Midwives Council is constituted under the Tamil Nadu Nurses andMidwives Act, 1926. Section 5 of the Tamil Nadu Nurses and Midwives Act provides for registrationof Nurses, Midwives, Health Visitors and Auxiliary Nurse � Midwives in the Tamil Nadu Nurses andMidwives Council. It is relevant to extract Section 5 of the Tamil Nadu Nurses and Midwives Act,which reads as follows: "5.Registration of Nurses, Midwives, Health Visitors and Auxiliary Nurse � Midwives � (1) TheCouncil shall maintain a register of Nurses, Midwives, Health Visitors and Auxiliary Nurse �Midwives and in such register shall be entered the names of all nurses, midwives, health visitors andauxiliary nurse � midwives, who have undergone the course of training and passed the examinationand fulfil the conditions prescribed. The register referred to in sub-section (1) shall consist of such parts and shall be maintained in suchmanner as may be prescribed." 11.Section 11(1) of the Tamil Nadu Nurses and Midwives Act empowers the State Government, toframe rules, to carry out the purposes of the Act. Section 11(2) of the Tamil Nadu Nurses andMidwives Act provides for various matters regarding which, rules could be framed, by the StateGovernment. We are concerned herewith Section 11(2)(b) and 11(2)(c) of the Tamil Nadu Nursesand Midwives Act, which read as follows: "11.(1) The State government may, after previous publication, make rules to carry out all or any ofthe purposes of this Act, not consistent therewith. (2) In particular, and without prejudice to the generality of the foregoing power, they may makerules - (a) ..... (b) regulating the conditions of admission to the register ; (bb) ..... (c) regulating the conduct of any examinations which may be prescribed as a condition of admissionto the register, and any matters ancillary to or connected with such examinations." 12.Section 12 of the Tamil Nadu Nurses and Midwives Act provides for framing of bye-laws by theTamil Nadu Nurses and Midwives Council not inconsistent with law, for various matters mentionedtherein. We are concerned with Section 12(1)(a) of the Tamil Nadu Nurses and Midwives Act and thesame is extracted hereunder: "12.(1) The Council may make bye-laws not inconsistent with this Act or any other law--- (a) for regulating the compilation, maintenance and publication of the register; " 13.Bye-law 4 framed under Section 12(1)(a) of the Tamil Nadu Nurses and Midwives Act is relevantfor this case and the same is extracted hereunder: "4.Every registered nurse, midwife, auxiliary nurse-midwife or health visitor who applies to the 12.Section 12 of the Tamil Nadu Nurses and Midwives Act provides for framing of bye-laws by theTamil Nadu Nurses and Midwives Council not inconsistent with law, for various matters mentionedtherein. We are concerned with Section 12(1)(a) of the Tamil Nadu Nurses and Midwives Act and thesame is extracted hereunder: "12.(1) The Council may make bye-laws not inconsistent with this Act or any other law--- (a) for regulating the compilation, maintenance and publication of the register; " 13.Bye-law 4 framed under Section 12(1)(a) of the Tamil Nadu Nurses and Midwives Act is relevantfor this case and the same is extracted hereunder: "4.Every registered nurse, midwife, auxiliary nurse-midwife or health visitor who applies to the Registrar for registration in respect of any additional qualification as approved by the IndianNursing Council and included in Part II of the Schedule appended to the Indian Nursing Council Actas amended, obtained subsequent to her registration under this Act, shall pay a fee of Rs.5.00 foreach such entry in the register." 14.Appendix-1 of the bye-laws prescribes the form of register of Nurses, Midwives, Health Visitorsand Auxiliary Nurse Midwives under Section 5 of Tamil Nadu Nurses and Midwives Council Act,1926. Appendix-1 of the bye-laws is also relevant and the same is extracted hereunder: "Appendix I Form of Register of Nurses, Midwives, Health Visitors and Auxiliary Nurse Midwives under Section 5of the Act. (1)Serial number (2)Registration certificate number (3)Name (4)Prescribed qualification * (5)Additional qualification (6)Date of registration (7)Place of profession and address * Qualification required for registration, date of qualification and place of training."A reading of the aforesaid provisions make it clear that the State Councils, including Tamil NaduNurses and Midwives Council, shall register the recognised qualifications, as well as the higherqualifications, in its register, as per Section 10(1) read with 11(1) of the Indian Nursing Council Act.Without registering the qualifications, in the register maintained by the State Council, no personcould carry on the profession as Nurses and Midwives etc. 15.It is not in dispute that the petitioners in W.P.No.27595 of 2008 are in possession of recognisedqualification, as per Section 10 of the Indian Nursing Council Act and registered their names in theTamil Nadu Nurses and Midwives Council, during 1980 and 1996. Pursuant to such recognisedqualification, they are employed as Staff Nurses in Government Hospitals. While they are serving inthe Government Hospitals, they pursued Post Basic B.Sc. Nursing, through distance mode, offeredby IGNOU, in the study centres in Tamil Nadu during the period 1995 and 2007 and those studycentres are (i) Saveetha College of Nursing, Chennai (ii) M.A.Chidambaram College of Nursing,Chennai (iii) Adhiparasakthi College of Nursing, Melmaruvathur and (iv) Ramakrishna Institute ofParamedical Sciences, Coimbatore. 16.The Tamil Nadu Nurses and Midwives Council filed a counter affidavit in W.P.No.27595 of 2008stating that the study centres, wherein the petitioners underwent the Post Basic B.Sc. Nursing, werenot recognised by the Indian Nursing Council at the relevant time, when the petitioners pursuedtheir courses. It is further stated that the Government of Tamil Nadu also has not approved thosestudy centres. Thus, the higher qualification acquired by the petitioners, could not be considered asa recognised one, under the Indian Nursing Council Act and therefore, the same could not beregistered as additional qualification, by the Tamil Nadu Nurses and Midwives Council, in theregister maintained by them, under Section 5 of the Tamil Nadu Nurses and Midwives Council Act. 17.The Director of Medical Education and the Director of Medical and Rural Health Services havealso taken the same stand as that of Tamil Nadu Nursing and Midwives Council. 17.The Director of Medical Education and the Director of Medical and Rural Health Services havealso taken the same stand as that of Tamil Nadu Nursing and Midwives Council. 18.Though the Indian Nursing Council, respondent 10 in W.P.No.27595 of 2008 has filed a counteraffidavit, it is not stated as to whether its study centres, where the petitioners studied at the relevanttime i.e., between 1995 and 2007, were recognised by the Indian Nursing Council. The counteraffidavit filed by the Indian Nursing Council and the documents produced by them, would indicatethat the Indian Nursing Council permitted the study centres of IGNOU, where the petitionerspursued their Post Basic B.Sc. Nursing course, to conduct programmes only after 2007. Whileregular B.Sc. Nursing course is of two years duration, Post Basic B.Sc. Nursing course, throughdistance mode, is of three years duration. 19.At this juncture, the contents of the letter dated Nil June 2004 of the Indian Nursing Council,addressed to the Tamil Nadu Nurses and Midwives Council, that is produced by the Tamil NaduNurses and Midwives Council in the typed set are extracted hereunder: "Sir / Madam, Please refer to your letter No.27/NC/2004 dt. 28th April, 2004. The following six study centres ofIGNOU is recognized by the Indian Nursing Council from 10th February, 2000 for 30 seats forP.B.B.SC. (N) Course viz.,1.R.A.K.College of Nursing, New Delhi2.College of Nursing, Kanpur 3.College of Nursing, Hyderabad 4.College of Nursing, Bangalore 5.College of Nursing, Ahmedabad 6.College of Nursing, Calcutta. " In the said letter, the Indian Nursing Council stated that only six centres mentioned therein wererecognised by the Indian Nursing Council, to conduct Post Basic B.Sc. Nursing course and thecentres, wherein the petitioners studied, are not mentioned therein. But, the Indian Nursing Councilhas not stated in the counter affidavit as to whether the centres, where the petitioners studied, wererecognised by them. Therefore, it follows that the study centres where the petitioners studied werenot recognised by the Indian Nursing Council. 20.In the letter dated 09.06.2006 of the Tamil Nadu Nurses and Midwives Council, addressed to theDirector, IGNOU, it is stated that the approval of Indian Nursing Council for each study centre inTamil Nadu is mandatory to register the additional qualification of candidates, in their register. 21.IGNOU filed counter affidavit in W.P.No.27595 of 2008 wherein it is stated that the IndianNursing Council has approved the Post Basic B.Sc. Nursing programme of IGNOU, in the year 2000,by way of a resolution dated 02.06.2000. 22.We have perused the said resolution dated 02.06.2000. The same is not relating to the studycentres of IGNOU in Tamil Nadu. In our view, the reliance placed on the resolution dated 02.06.2000of the Indian Nursing Council is of no use. 23.Likewise, reliance placed by IGNOU on the letter dated 14.06.2001 of the Indian Nursing Councilstating that Post Basic B.Sc. Nursing course of IGNOU is recognised by Indian Nursing Council andthe same is registerable with any State Nursing Council under Section 11 of the Indian NursingCouncil Act is also of no use. In our view, it is of general nature. Unless recognition is granted by theIndian Nursing Council, to conduct courses in the study centres of IGNOU, in Tamil Nadu, thecandidates, who acquired higher qualification from IGNOU, cannot seek to register the same, as anadditional qualification, in the register maintained by the Tamil Nadu Nurses and Midwives Council,under Section 5 of the Tamil Nadu Nurses and Midwives Council Act. 23.Likewise, reliance placed by IGNOU on the letter dated 14.06.2001 of the Indian Nursing Councilstating that Post Basic B.Sc. Nursing course of IGNOU is recognised by Indian Nursing Council andthe same is registerable with any State Nursing Council under Section 11 of the Indian NursingCouncil Act is also of no use. In our view, it is of general nature. Unless recognition is granted by theIndian Nursing Council, to conduct courses in the study centres of IGNOU, in Tamil Nadu, thecandidates, who acquired higher qualification from IGNOU, cannot seek to register the same, as anadditional qualification, in the register maintained by the Tamil Nadu Nurses and Midwives Council,under Section 5 of the Tamil Nadu Nurses and Midwives Council Act. 24.Since the counter filed by the Indian Nursing Council did not bear the names of the Instituteswhere the petitioners pursued their degrees, it implies that they are not recognised schools.Therefore, no direction as sought for by the petitioners in this writ petition could be issued andhence, it is liable only to be dismissed. We are also fortified in this regard by the judgment of theHonourable Supreme Court in ADARSH SHIKSHA MAHAVIDYALAYA AND OTHERS VS. SUBHASHRAHANGDALE AND OTHERS reported in MANU/SC/0016/2012 (Civil Appeal No.104 of 2012 dated06.01.2012) wherein the Honourable Supreme Court has decried the practice of admitting studentsby unrecognised institutions. 25.In W.P.No.18194 of 2009, the Association of Recognised Private Nursing Schools and Collegeshas sought for a direction to forbear IGNOU from conducting study centres in Tamil Nadu and toaward Post Basic B.Sc. to students studied therein. 26.Indian Nursing Council Act, 1947 enacted by the Parliament governs the field of Nursingeducation in India. The basic qualification and higher qualification recognised under the IndianNursing Council Act, shall be registered by the respective State Councils and except this, no optionwhatsoever, has been contemplated under this Act for the State Councils or the respective StateGovernments. 27.The Tamil Nadu Nurses and Midwives Act was enacted only for the purpose of providingregistration of Nurses in the State of Tamil Nadu. The registration is based on the recognisedqualification obtained by the candidates under Section 10 of the Indian Nursing Council Act. Section5 of the Tamil Nadu Nurses and Midwives Council Act also makes it clear that the purpose of the Actis only for registration of Nurses in the register maintained by the Tamil Nadu Nurses and MidwivesCouncil. 28.Section 11(2)(b) of the Tamil Nadu Nurses and Midwives Council Act provides for making rulesby the Government, for regulating the conditions of admissions, to the register, maintained underSection 5 of the Tamil Nadu Nurses and Midwives Council Act, 1926. Rule 32 of the Rules regulatingthe conditions of admission to the register, is referrable to Section 11(2)(b) of the Tamil NaduNurses and Midwives Council Act and Rule 32 is extracted hereunder: "32.Every Nurse, midwife, health visitor or auxiliary nurse-midwife who desires to have her nameentered in Section I or II of the Register of Nurses, Midwives, Health Visitors,auxiliary�nurse�midwives shall apply to the Registrar in Form IV-A Appendix � B to these rules andfurnish full particulars of the information required therein. She shall attach to her application anydiplomas or certificates of training she holds in original together with a copy of each of suchdiplomas or certificates of training." From the reading of rule 32, it is clear that this rule provides merely the form under which oneshould apply to the Tamil Nadu Nurses and Midwives Council to register their names. "32.Every Nurse, midwife, health visitor or auxiliary nurse-midwife who desires to have her nameentered in Section I or II of the Register of Nurses, Midwives, Health Visitors,auxiliary�nurse�midwives shall apply to the Registrar in Form IV-A Appendix � B to these rules andfurnish full particulars of the information required therein. She shall attach to her application anydiplomas or certificates of training she holds in original together with a copy of each of suchdiplomas or certificates of training." From the reading of rule 32, it is clear that this rule provides merely the form under which oneshould apply to the Tamil Nadu Nurses and Midwives Council to register their names. 29.As already stated above, Section 11(2)(c) of the Tamil Nadu Nurses and Midwives Council Act,1926, is relating to the power of the Government to regulate the conduct of examination, that maybe prescribed as condition, to register the name, under Section 5 of the Tamil Nadu Nurses andMidwives Council Act, 1926. Rule 37 of the Rules is for the conduct of examinations and connectedmatters and the same is traceable to Section 11(2)(c) of the Tamil Nadu Nurses and MidwivesCouncil Act and Rule 37 is extracted hereunder: "37.With the approval of the Government, the Council shall from time to time authorize suchinstitutions as may be deemed competent in that behalf to train nurses, midwives, health visitors orauxiliary nurse-midwives and to grant diplomas or certificates to nurses, midwives, health visitors,or auxiliary nurse � midwives so trained for the purpose of admission to the register under rule 32.Such authorization may, if the Council deems it necessary be given with retrospective effect fromsuch earlier date as may be specified by it." Rule 37 contemplates that the Tamil Nadu Nurses and Midwives Council shall authorise theinstitutions, to impart training of Nurses, Midwives etc., and to grant Diplomas / Certificates to thosepersons. 30.Firstly, Rule 37 is beyond the rule making power under Section 11(2)(c) of the Tamil NaduNurses and Midwives Council Act. The Government may conduct some examinations under this ruleto register a qualified person under Section 5 of the Tamil Nadu Nurses and Midwives Council Act.Authorisation, approving or recognition of institutions is not contemplated under Section 11(2)(c) ofthe Tamil Nadu Nurses and Midwives Council Act. That is, once the course and the institution isrecognised by the Indian Nursing Council, under Section 10 of the Indian Nursing Council Act, thecandidates, who have obtained qualification / higher qualification referable to Part�I and Part�II ofthe Schedule under Section 10 of the Indian Nursing Council Act, shall have a right to get registeredin the State Council and neither the State Council nor the State Governments could deny suchregistration. 31.Section 11(2)(c) of the Tamil Nadu Nurses and Midwives Council Act shall be read along withSection 5 of the Tamil Nadu Nurses and Midwives Council Act. In fact, even in the matter ofconducting examination by the State for the purpose of registering in the State Council itself, isdoubtful, since conducting of such an examination is against Section 11(1). However, the StateGovernment is not conducting any examination for registering the qualification of candidates in theregister or for registering the additional qualification, under Section 5. 31.Section 11(2)(c) of the Tamil Nadu Nurses and Midwives Council Act shall be read along withSection 5 of the Tamil Nadu Nurses and Midwives Council Act. In fact, even in the matter ofconducting examination by the State for the purpose of registering in the State Council itself, isdoubtful, since conducting of such an examination is against Section 11(1). However, the StateGovernment is not conducting any examination for registering the qualification of candidates in theregister or for registering the additional qualification, under Section 5. 32.In fact, Sections 5, 11(2)(b) and 11(2)(c) of the Tamil Nadu Nurses and Midwives Council Act andrules 32 and 37 of the Rules framed under the Tamil Nadu Nurses and Midwives Council Act arerelating to the recognised qualification, that is referable to Part�I of the Schedule, under Section 10of the Indian Nursing Council Act. Bye-law 4 of the bye-laws framed by the Tamil Nadu Nurses andMidwives Council only provides for registration of additional qualification. The additionalqualification is nothing but the higher qualification, referred to in Part�II of the Schedule, underSection 10 of the Indian Nursing Council Act. Therefore, under the bye-laws, the Tamil Nadu Nursesand Midwives Council, has no power, to refuse to register the additional qualification, that is,recognised as higher qualification of a candidate under Section 10(1) read with 11(c) of the IndianNursing Council Act. The only condition is that the qualification / higher qualification shall berecognised by the Indian Nursing Council. Once it is recognised, the State Council or any authorityshall not interfere with the right of the person, to register their names in the register of therespective State Councils. 33.While it is made clear that nursing education is governed by the Indian Nursing Council Act,1947 and if one possesses a qualification / higher qualification recognised under Section 10 of theIndian Nursing Council Act, then the person is entitled to register the same in the State Registerunder Section 11 of the Indian Nursing Council Act, in spite of such clear legal position, theAssociation of Recognised Private Nursing Schools and Colleges is emboldened to file this writpetition seeking for direction to forbear IGNOU from conducting Post Basic B.Sc. Nursing course inthe study centres at Tamil Nadu, though the Indian Nursing Council has recognised the studycentres of IGNOU in Tamil Nadu, when the petitioner filed the writ petition, as could be seen fromthe materials available on record. Relying on Rules 32 and 37 of the Rules and the order of theGovernment of Tamil Nadu dated 07.01.2009 which instructed the Tamil Nadu Nurses and MidwivesCouncil not to register the candidates who have studied in the study centres of IGNOU, thepetitioner has filed the writ petition. The institutions that conduct study centres for IGNOU alsoconduct regular Post Basic B.Sc. Nursing course and the staff who are handling classes in the saidinstitutions are also handling the Post Basic B.Sc. Nursing course. 34.From the materials available on record, it seems that at the instance of the Association ofRecognised Private Nursing Schools and Colleges in Tamil Nadu, a meeting of the HealthDepartment of the Government of Tamil Nadu and Office Bearers of the Association of RecognisedPrivate Nursing Schools and Colleges took place on 04.12.2008 and a decision was taken therein,that the Government shall not give recognition to the centres of IGNOU. The said minute wascommunicated by the Health and Family Welfare Department of the Government of Tamil Nadu inthe letter dated 07.01.2009 to various authorities including the Tamil Nadu Nurses and MidwivesCouncil. That is, the Tamil Nadu Nurses and Midwives Conuncil was instructed by the Tamil NaduGovernment not to register the names of the candidates, who have acquired higher qualificationfrom IGNOU study centres, even if those study centres are recognised by Indian Nursing Council. Inour view, the Government of Tamil Nadu has no such power to pass such an order and such an orderis against Sections 10(1) and 11(1) of the Indian Nursing Council Act. 35.Before convening of the aforesaid meeting on 04.12.2008, the Association of Recognised PrivateNursing Schools and Colleges sent a letter dated 21.10.2008 to the Government of Tamil Nadu.Paras 16 to 18 of the said letter are extracted hereunder: "16.The another night mare which threatens the quality of nursing profession is entrance of studycenters of IGNOU for nursing in Tamil Nadu State. As per legislature, for starting the IGNOU studycenters in each state, the institution should procure government order from that particular state andalso the study centers of IGNOU should be started only in state where less number of nursingcolleges available. The states other than Tamil Nadu which has started IGNOU study centers hasonly 4 to 5 nursing colleges in their state. In Tamil Nadu the study centers has not got formalpermission from the Government of Tamil Nadu. More over Tamil Nadu has self sufficient collegesand schools of nursing to meet the health care demand of the people within the state. 17.The curriculum planning for nursing students in IGNOU study centers are not in par with thecurriculum planning of Indian Nursing Council and the Tamil Nadu Dr. M.G.R. Medical University.Only 750 hrs are spent for theory and practice of Post Basic B.Sc nursing course which is only 15%of theory hours and 20% of practical hours compared to curriculum planning of Indian NursingCouncil. 18.In India there are 35 states, out of which only 6 states gave permission to start IGNOU studycenters. The other 5 states have given permission to start only one study center in their state.Whereas, in Tamil Nadu we have four IGNOU study centers for nursing which are not approved byGovernment of Tamil Nadu. Therefore the Post Basic B.Sc Nursing course offered by IGNOU inTamil Nadu State should not be continued. The Tamil Nadu Recognised Private Nursing School andCollege Association has also received information from authorized source that IGNOU study centersproposed to start M.Sc. Nursing course under distance education which affects the nursingprofession as a whole. Kindly consider this issue and ensure that this nursing education should beimparted to students only under regular stream not under distance education for proper qualitycontrol." Therefore, the Private educational institutions are opposed to the opening of study centres byIGNOU and awarding degrees and post-graduate degrees. In the said letter dated 21.10.2008, it isseen that while Government has 22 Nursing Schools and 2 Nursing Colleges, the private institutionsrun 150 Nursing Schools and 110 Nursing Colleges and they have come into existence only recently.The grievance expressed in the said letter dated 21.10.2008 is that the candidates, who obtaineddiplomas in the said 22 Government Nursing Schools alone, are given employment in theGovernment Hospitals and the candidates, who have passed out in private institutions, have to lookout only to the private hospitals. Since the private entry in the Nursing education was only of recentorigin, the rules provide Government trained Nurses for recruitment of persons in the GovernmentHospitals. 36.While opening so many Nursing Schools and Nursing Colleges, they do not want other players tocome in. It is nothing but a business rivalry, as rightly contended by the learned counsel for IGNOU.In this regard, para 5 of the counter affidavit by IGNOU in W.P.No.18194 of 2008 is extractedhereunder: "5......... the petitioner herein has filed the above writ petition in the capacity of Association of theRecognised Private Nursing Schools and Colleges, which is not maintainable since the Associationhas no locus standi to file the writ petition in the form of the Public Interest Litigation. I state thatthe writ petition filed by the association for a mandamus forbearing the 5th respondent universityfrom conducting the P.B.B.Sc. Nursing Course, which is recognised by the Indian Nursing Council, isnot sustainable. The intention for filing the writ petition by the private association against theuniversity clearly establishes the intention of the petitioner association is to thwart a rival institutionfrom conducting the post-graduate nursing courses all over Tamil Nadu. Hence, the writ petitionerassociation has no locus standi to file this writ petition in view of the fact that they are offering nursing course within the Tamil Nadu and are rival to this university. The petitioner's intention is tostop this university from offering course which cannot be countenanced. The Hon'ble High Court aswell as Hon'ble Supreme Court has held that the rival institutions of businessmen has no locusstandi to question the running of the institutions by other managements or setting up of rivalbusiness in the said locality." 37.The Honourable Supreme Court in it judgments in JANATA DAL VS. H.S.CHOWDHARY [1992 (2)SCC 305] and a Division Bench of this Court in its judgment in THE PERUNDURAI CITIZENSWELFARE SOCIETY VS. TAMIL NADU POLLUTION CONTROL BOARD [2005 (1) CTC 721] havecategorically held that public interest litigation is not maintainable to advance the private andbusiness interest and due to business rivalry. In this regard, the relevant paras from the saidjudgments are extracted hereunder: JANATA DAL VS. H.S.CHOWDHARY [1992 (2) SCC 305] "109. It is thus clear that only a person acting bona fide and having sufficient interest in theproceeding of PIL will alone have a locus standi and can approach the court to wipe out the tears ofthe poor and needy, suffering from violation of their fundamental rights, but not a person forpersonal gain or private profit or political motive or any oblique consideration. Similarly, a vexatiouspetition under the colour of PIL brought before the court for vindicating any personal grievance,deserves rejection at the threshold." THE PERUNDURAI CITIZENS WELFARE SOCIETY VS. TAMIL NADU POLLUTION CONTROLBOARD [2005 (1) CTC 721] JANATA DAL VS. H.S.CHOWDHARY [1992 (2) SCC 305] "109. It is thus clear that only a person acting bona fide and having sufficient interest in theproceeding of PIL will alone have a locus standi and can approach the court to wipe out the tears ofthe poor and needy, suffering from violation of their fundamental rights, but not a person forpersonal gain or private profit or political motive or any oblique consideration. Similarly, a vexatiouspetition under the colour of PIL brought before the court for vindicating any personal grievance,deserves rejection at the threshold." THE PERUNDURAI CITIZENS WELFARE SOCIETY VS. TAMIL NADU POLLUTION CONTROLBOARD [2005 (1) CTC 721] "25.As already stated above, these days "public interest litigation" has become largely "privateinterest litigation" for ulterior motives, or is misused by business rivals, or persons who sponsorsuch litigation from behind with mala fide intentions. We cannot appreciate these tactics. The docketof the Court is already overful with arrears. The Court should discourage this kind of motivatedlitigation, which only adds to its burden." 38.At this juncture, it is relevant to extract the contents of the letter dated 05.05.2004 of theUniversity Grants Commission, New Delhi addressed to the Registrar, IGNOU, New Delhi andvarious other Open Universities, which reads as follows:"Sir / Madam, There are a number of Open Universities in the country offering various degrees / diploma throughthe mode of non-formal education. The Open Universities have been established in the country by anAct of Parliament or State Legislature in accordance with the provisions contained in Section 2(f) ofUniversity Grants Commission Act, 1956. These universities are, therefore, empowered to awarddegrees in terms of Section 22(1) of the UGC Act, 1956. A circular was earlier issued vide UGC letter N.F.1-8/92 (CPP) dated February 1992 mentioning thatthe Certificate, Diploma and Degrees awarded by Indira Gandhi National Open University are to betreated equivalent to the corresponding awards of the Universities in the country. Attention is further invited to UGC circular No.F1-25/93(CPP-II) dated 28th July, 1993 (copyenclosed) for recognition of degrees and diplomas as well as transfer of credit for coursessuccessfully completed by students between the two types of Universities so that the mobility ofstudents from Open University Stream to traditional Universities is ensured without any difficulty. The UGC has specified the nomenclature of degrees under Section 22(3) of the UGC Act, 1956 toensure mandatory requirements viz. minimum essential academic inputs required for awarding suchdegrees. A copy of Gazette Notification regarding specification of degrees issued vide No.1-52/97(CPP-II) dated 31st January 2004 is enclosed. The details are also given in UGC Web site:www.ugc.ac.in. May, I therefore request you to treat the Degrees / Diploma / Certificates awarded by the OpenUniversities in conformity with the UGC notification on Specification of Degrees as equivalent to thecorresponding awards of the traditional Universities in the country." It is stated in the aforesaid letter that there is a need for recognition of degrees and diplomas as wellas transfer of credit for courses successfully completed by students between the two types ofUniversities, so that the mobility of students from Open University Stream to TraditionalUniversities, is ensured, without any difficulty. 39.It is relevant to note that the eligibility for admission to Post Basic B.Sc. Nursing course offeredby IGNOU, as prescribed by the Indian Nursing Council, which reads as follows: "Eligibility for admission to Post-Basic B.Sc. (Nursing) prescribed by Indian Nursing Council. Candidate seeking admission to the Post � Basic B.Sc. Nursing Course offered by Indira GandhiNational Open University must have completed:- General Education:1. 10+2 (S.S.C.) / Pre-Degree preferably with Science subjects such as Physics,Chemistry, Biology from a recognised Board. 39.It is relevant to note that the eligibility for admission to Post Basic B.Sc. Nursing course offeredby IGNOU, as prescribed by the Indian Nursing Council, which reads as follows: "Eligibility for admission to Post-Basic B.Sc. (Nursing) prescribed by Indian Nursing Council. Candidate seeking admission to the Post � Basic B.Sc. Nursing Course offered by Indira GandhiNational Open University must have completed:- General Education:1. 10+2 (S.S.C.) / Pre-Degree preferably with Science subjects such as Physics,Chemistry, Biology from a recognised Board. Professional Education: must be a registered nurse and registered midwife who has undergone atleast 3 years General Nursing education programme and 6 months midwifery course (in case of malecandidates alternate course to Midwifery) Or The integrated General Nursing and Midwifery course of 3 years duration. Experience: Have a minimum experience of working as a nurse for 3 years in recognised hospitals,institutions and community health agencies such as Primary Health Centers and Thaluk and ThasilHospitals and Voluntary organisations. 3.Open to all and other Nationals residing in India. At this juncture, it is relevant to note that the same is the qualification prescribed for admission toregular course also. The course conducted by IGNOU offers to the serving Nurses, to acquire moreskill, and the same could not be lost sight off. Furthermore, in the said writ petition, the Associationfailed to make Indian Nursing Council as a party. On this short ground alone, the writ petition isliable to be dismissed, for not impleading the necessary party in the writ petition. 40.For all the aforesaid reasons and particularly in view of the fact that the Indian Nursing Councilhas recognised the study centres of IGNOU when the writ petition in W.P.No.18194 of 2009 is filedby the Association of Recognised Private Nursing Schools and Colleges, we have no hesitation to saythat this so called public interest litigation is nothing but a "private and busi