Consider candidates meeting nursing council norms: HC tells DMER

PUNE: The Bombay high court issued an interim order on Monday, asking the Director of Medical Education and Research (DMER) to consider applications of all candidates, who are eligible as per the regulations prescribed by the Indian Nursing Council, for the MSc nursing course. Admissions to the post-graduate (PG) nursing course are to commence from September 28.
A division bench of Chief Justice Mohit S Shah and Justice D Y Chandrachud passed the interim order while hearing a writ petition (No 7649 of 2010) challenging the DMER's condition that a candidate ought have an experience of five years in government service after completing his/her basic BSc nursing course, to qualify for MSc nursing admission. Statutory regulations framed by the Indian Nursing Council (INC) under the INC Act, 1947, provide for only one year of work experience.
The petition, filed by a course aspirant Sachin V Mane, pointed out that the DMER condition was contrary to the judgement of the Nagpur bench of the Bombay high court on July 19, 2010, that had set aside the five-year experience norm. The judgement related to another petition by an aspirant, whose claim for admission to MSc nursing course for 2009-10 was rejected by the DMER.
Justices S A Bobde and A B Chaudhari at the Nagpur bench then pronounced: "The regulations, which prescribe the requirement of one-year experience are framed under the powers conferred on the council under Section 16 of the INC Act and have a statutory force. In the circumstances, the requirement of five-year experience imposed by the DMER must be set aside and is accordingly set aside."
On Monday, Mane's petition was listed for urgent admission before the high court bench. Following a hearing process, the bench ordered that the respondents, including the state government, DMER and the Maharashtra University of Health Sciences were required to follow the statutory regulations framed by the INC, prescribing the requirement of one-year experience.
Citing the commencement of admission from September 28, the bench ordered that the DMER should remain personally present before the court at 3 pm on Monday to explain why it has prescribed experience of five years for this year too. Assistant government pleader (AGP) V P Malvankar accepted the court's directive on behalf of the respondents.
Later, Mane's petition was called out for hearing once again at 3 pm and this time, AGP Vijay Patil submitted to the court that the DMER was not able to appear in person on Monday but, would be able to appear before the court on Tuesday. The DMER, Wasudev B Tayade, was out of Mumbai on a tour of New Delhi.
Mane's lawyer, however, brought to the court's notice that the deadline for granting admissions was September 30. As such, the DMER be directed to accept the petitioner's admission plea because the plea was not being accepted by the dean of the concerned nursing college.
At this point, AGP Patil pointed out that there may be other candidates too with less than five years experience, who may have filed their pleas for admission.
Taking these submissions into account, the bench permitted the petitioner to make an application directly to the DMER and asked the latter to consider the plea along with that of other candidates, who are eligible as per the INC regulations, in view of the Nagpur bench judgement. The case has been posted for next hearing on December 2.