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N. NAGARESH
Divya K. S. , D/o. Soman K. Nair – Appellant
Versus
State Of Kerala, Represented By Its Hon’ble Chief Secretary, Govt. Of Kerala – Respondent
JUDGMENT :
(N. Nagaresh, J.)
The petitioners are M.Sc. Nursing Degree Course students under the academic batches 2022-2024 and 20232025. They are currently pursuing their Post Graduate Degree Course. They have approached this Court seeking to quash Ext.P1 Notification issued by respondents 1 and 2 and to direct the 2nd respondent to allow the petitioners’ request to make the compulsory bonded service optional. The petitioners also seek to direct the 1st respondent to systematically raise the stipend for the compulsory service in a decent manner in comparison to the salaries paid to the Assistant Professors with the same qualification as of the petitioners.
2. The petitioners state that M.Sc. Nursing Course is a Two Year Degree Course having examinations on yearly basis for two academic years. The 7th respondent-University has the authority to lay syllabus in the matter of academics, training period and award of Certificates. The 9th respondent-Indian Nursing Council oversees the standards of education, registration and working environment of nurses in the country.
3. Government of Kerala published Ext.P1 Government Order dated 11.07.2024. In Ext.P1, it has been stated that Compulsor
The court upheld the legality of compulsory bonded service for nursing students, affirming that conditions accepted upon admission are binding and align with public policy.
The court ruled that the imposition of a compulsory service bond on M.Sc Nursing students post-enrollment was arbitrary and violated the principle of legal certainty.
The court upheld the validity of state-mandated compulsory service bonds for medical postgraduates, affirming they serve public interest and do not violate constitutional rights.
Point of Law - Right to life guaranteed by Article 21 means right to life with human dignity. Communitarian dignity has been recognised by this Court. While balancing communitarian dignity vis-à-vis ....
The condition of mandatory service of four/five years as provided in Clauses 6.1 and 11.1.2 of the 2019 Policy is unreasonable.
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