Private nurses cannot claim equality with Government nurses.

Prabha Sridevan, J.

Writ Petition Nos.36932 and 39236 of 2005 were filed by the petitioners, the former for a mandamus to appoint the petitioner therein as Staff Nurse and the latter for a mandamus to consider the petitioner therein for appointment as Staff Nurse. The grievance of the petitioners was that only the persons who have studied in Government Nursing Colleges (Government Nurses in short) and have got a diploma had been called for interviews and appointed in the Government General Hospitals and Primary Health Centres, to the exclusion of other persons who have studied in private institutions (Private Nurses in short), and this is violative of Articles 14, 16 and 21 of the Constitution of India. Respondents 4 to 7 in the writ petitions were persons who had studied in Government Nursing Colleges and who had been called for interviews. The writ petitions were allowed as prayed for. As against that, respondents 4 to 7 filed Writ Appeal No.726 of 2006. The State filed Writ Appeal Nos.1223 and 1224 of 2006. Writ Petition No.28699 of 2006 was filed by students who had qualified in the three year diploma from private nursing colleges, who had been neglected totally by the Government and therefore, they sought for a mandamus to direct the respondents to consider the petitioners for appointment on the basis of seniority of their registration. Since the writ appeals had already been filed, this writ petition was directed to be posted along with the appeals. Similarly, Writ Petition No.35944 of 2006 was filed for a declaration that candidates qualified from private nursing colleges are eligible to be appointed in Government Hospitals in Tamil Nadu. Private nurses have also impleaded themselves as intervenors.

2. Mrs. Nalini Chidambaram, Mrs. Hema Sampath, learned senior counsel made their submissions on behalf of the Private Nurses. The learned Advocate General made his submissions on behalf the State and Mr. A.L. Somayaji, learned senior counsel and Mr.

N.G.R. Prasad, learned counsel made their submissions on behalf of the Government Nurses.

3. According to the petitioners, they had obtained diplomas in General Nursing and Midwifery Course conducted by the Directorate of Medical Education; they were also registered with the Tamil Nadu Nurses and Midwives Council; some of the writ petitioners had also been working in private hospitals. Petitioners came to know that there were more than 3,000 vacancies; so, they thought that they would be recruited and appointed in these vacancies since they had registered their names; but to their shock, only those candidates who did their course in Government Nursing Colleges were selected and those who studied in private institutions, even though they were recognised institutions, were not selected. They are qualified as per the Madras Medical Subordinate Service Rules and they are entitled to be appointed. Denial of equal treatment is violative of constitutional norms.

4. The stand of the Government was that as per the Madras Medical Code, examinations are conducted for training selected candidates as nurses. The successful persons are admitted to the Nursing Course and on completion of the course are absorbed as nurses. At the commencement of the course, they execute a bond that they will serve the Government for a period of three years. The selected candidates are trained by the Government utilising the Government funds. They are paid stipend and considerable expenditure is incurred by the Government to train them. It is specifically stated that the appointments are made based on communal rotation and performance. This procedure of appointment has been followed all these years and if it is unsettled, the Government would not be in a position to keep their promise of providing employment to the nursing candidates who have passed out of Government Nursing Colleges.

5. We have heard the learned Advocate General for the Government, the learned senior counsel and the learned counsel