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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE RAJU & THE HONOURABLE MR. JUSTICE BAKTHAVATSALAM
B. Padmapriya and Others - Appellant
Versus
State of Tamil Nadu and Others - Respondents
Writ Petn. No. 11055 of 1993
Decided On : 30 July 1993
B.SC., (NURSING) ADMISSION - ELIGIBILITY CRITERIA - MEDICAL UNIVERSITY GUIDELINES - STATE GOVERNMENT ORDERS - ANNA UNIVERSITY ENTRANCE EXAM - MINIMUM MARKS - VALIDITY - SECTION 35-A OF THE TAMIL NADU DR. M.G.R. MEDICAL UNIVERSITY ACT, 1987 - SCOPE AND APPLICABILITY.
Fact of the Case:
Petitioners, aspiring B.Sc., (Nursing) students, challenged the revised eligibility criteria and minimum marks prescribed by the Anna University for admission to the course. They argued that the Medical University had already set the criteria, and the State Government or Anna University could not impose additional requirements. The petitioners also contended that the revised criteria should have been announced before the qualifying examination.
Finding of the Court:
The court held that the State Government had the authority to prescribe additional eligibility criteria and minimum marks for admission to B.Sc., (Nursing) under Article 162 of the Constitution of India and Section 35-A of the Tamil Nadu Dr. M.G.R. Medical University Act, 1987. The court found that the revised criteria were justified to ensure the selection of meritorious candidates and were in line with the guidelines issued by the Medical University and the State Government.
Issues: 1. Whether the State Government and Anna University could impose additional eligibility criteria and minimum marks for admission to B.Sc., (Nursing) beyond those set by the Medical University. 2. Whether the revised criteria should have been announced before the qualifying examination.
Ratio Decidendi: 1. The court held that the State Government had the authority to prescribe additional eligibility criteria and minimum marks for admission to B.Sc., (Nursing) under Article 162 of the Constitution of India and Section 35-A of the Tamil Nadu Dr. M.G.R. Medical University Act, 1987. The court reasoned that the State had a legitimate interest in ensuring the selection of meritorious candidates and maintaining the quality of education in professional courses. 2. The court found that the revised criteria were justified to ensure the selection of meritorious candidates and were in line with the guidelines issued by the Medical University and the State Government. The court also noted that the revised criteria were announced before the last date for receipt of applications and that the petitioners had sufficient time to prepare for the entrance examination.
Final Decision: The court dismissed the petition, holding that the revised eligibility criteria and minimum marks prescribed by the Anna University were valid and that the petitioners' challenge lacked merit.
RAJU, J.
The petitioners have filed the above writ petition for a writ of mandamus directing the third respondent to make admissions to the B.Sc., (Nursing) course for the year 1993-94 in accordance with the Regulation formulated and brought into effect from the academic year 1992-93 by the third respondent. The petitioners are students who have all completed their plus two (H.S.C.) course of study and are aspiring for admission into the B.Sc., (Nursing) professional course.
2. The petitioners claim that students who have studied Science Group (viz., Physics, Chemistry and Biology) in the plus two course are eligible for undergoing the B.Sc., (Nursing) course, that the eligibility criteria for admission into the course has been prescribed by the Tamil Nadu Dr. M.G.R. Medical University, hereinafter referred to as 'the Medical University', that till the academic year 1993-94 Entrance Examination was being conducted by the Government for all other Professional Courses except B.Sc., (Nursing) and that admissions to the said course was being made on the basis of the marks obtained in the plus two course in Science subjects and the performance of the candidates in the viva voce Interview. It is also stated that the M.A. Chidambaram College of Nursing was started in the year 1992 with a sanctioned strength of 25 seats of which 2/3 are earmarked as 'Management Quota' and 1 / 3 are reserved for 'Government Quota'. The said college was stated not to charge any capitation fee and stood affiliated to the Medical University apart from the recognition obtained from the Tamil Nadu Nurses and Midwives Council, Madras.
3. The petitioners further claim that the Medical University had issued the guidelines and instructions to all the Institutions imparting education in B.Sc. (Nursing) Course prescribing the following eligibility criteria:-
III. Eligibility: (1) Eligibility for admission with effect from 1992-93.
Candidates for admission to the Degree of Bachelor of Science in Nursing shall be required to have:
(a) Completed the age of 17 years on or before 31st December of the year of admission to the programme in a college of Nursing affiliated to this University.
(b) Passed the Higher Secondary Examination conducted by the Government of Tamil Nadu or an equivalent Examination accepted by the Governing Council subject to such conditions as may be prescribed therefor. Physics, Chemistry and Biology (Botany and Zoology) as subjects of studies.
(c) Should have 50% aggregate in Science subjects Physics, Chemistry, Biology (Botany and Zoology).
(2) Eligibility for the Award of Degree : The candidate for the award of Degree of Bachelor of Science in Nursing shall be required to :
(a) Be enrolled as a student and undergone the prescribed courses of study and practice in a college of Nursing affiliated to the University for a period of four academic years or eight semesters and passed the examinations.
"
While admitting that the decision of the Supreme Court in Unnikrishnan v. State of A. P. evolved a Scheme Regulation admissions of students in professional courses including 'Nursing' in Private Institutions, it is stated that petitioners came to know that for the current academic year the Anna University is conducting common Entrance Examination for all professional courses including B.Sc., (Nursing). It is also stated that the M.A. Chidambaram College of Nursing had received a communication on 7-5-1993 from the Secretary to Government, that the students in professional colleges would hereafter be divided into two groups with a 50% of the total strentgh being called free seats and the other 50% being called payment and that selection for admission would be on the basis of an Entrance Examination to be conducted by the State and asking the Private Colleges concerned not to make any admission on their own.
4. According to the petitioners the applications obtained by them from the Anna University and the Prospectus issued therefor by the Anna University
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