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2009 Supreme(Online)(Mad) 7

MADRAS HIGH COURT
, J
Male Staff Nurse of Government Medical College Hospital, Kilpauk, Chennai – Appellant
Versus
Government of Tamil Nadu – Respondent


1.This writ petition has been preferred by a male Staff Nurse of Government Medical College Hospital, Kilpauk, Chennai praying for a writ of declaration to declare Clause 4(vii) of the prospectus issued by the second respondent for the degree of Bachelor of Science in Nursing for the academic year 2007-2008 as illegal and ultra vires of Art.14 and Art.15 of the Constitution of India and inconsistent with the provisions of the Indian Nursing Council Act, 1947 .

2. The factual matrix necessary for the disposal of the writ petition are as under :
(a) The petitioner is a male nurse qualified with Diploma in General Nursing and Psychiatry and is working as a staff nurse in Government Medical College Hospital, Kilpauk, Chennai, since 2005. He is qualified for admission to degree course of Bachelor of Science in Nursing offered as per the prospectus issued for the year 2007-2008 by the second respondent. However he is aggrieved by the rule of reservation in favour of women at 90% and the limited seats earmarked for male nurses.
(b) It was the contention of the petitioner in the writ petition that up to the year 2003-2004 selection was made on the basis of merit and seniority alone. Similarl




























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