- (1.) This judgment will dispose of C.W.E Nos. 12920 of 1992, 13072 of 1992 and 13826 of 1992 as common questions of law and facts arise in these cases. For facility of reference, facts of C.W.P. 12920 of 1992 titled Gurmeet Kaur and others vs. State of Punjab and another are being adverted to.
(2.) The petitioners obtained diploma in General Nursing and Mid wifery from Ancillary medical Training School (Medical College Complex) Bakshinagar, Jammu. They are all registered as Nurses/midwives with the Jammu and Kashmir Nurses Midwives and Health Visitors Registration Council. The said Council has been established under the Act known as the Jammu and Kashmir Nurses, Midwives and health Visitors Registration Act, 1956.
(3.) In the State of Punjab, there is an Act known as Punjab Nurses Registration Act, 1932 under which Punjab Nursing Council has been established which has been authorised to register nurses/Midwives who satisfy the conditions under Section 14 of the Act. On all India basis, there is another Act enacted with the object to constitute an Indian Nursing Council in order to establish an institution for Nurses, Midwives and Health visitors The recruitment and conditions of services of staff Nurses and some other posts are governed by the statutory rules known as the "Punjab Medical and Health Department Nursing Superintendents, Matrons, Sister Tutors, Public Health Nurses (Teaching) and Nursing Sisters, Public health Nurses, Staff Nurses and Male Nurses (State Service Class III) Rules, 1964." The qualifications for appointment as Staff Nurse under rule 6 are as follows: "should be registered as 'A' or 'B' Division Nurse with the Punjab Nurses Registration Council, or B.Sc. Hons (Nursing). The director, Research and Medical Education, Punjab and Chairman, Departmental Selection Committee issued an advertisement in July, 1992 inviting application for 40 posts of staff Nurses and the necessary qualifications advertised were:- 1. Matriculation or its equivalent qualification 2. 'A' Division Nurse be registered with Punjab Nursing Council or B.sc. (HOns.) Nursing. The petitioners applied for the post and they were issued letter asking them to appear for interview on 19th August, 1992. In the letter calling the petitioners for interview, it was mentioned that they should bring along with them all the testimonials regarding education, technical experience and certificate of Punjab Nursing Council Registration (Nurse/midwifery). According to the averments, the petitioners, at the time of interview were asked to produce the registration certificate with the Punjab Nursing Council and they were told that unless the same was produced they would not be given appointment if selected. The petitioners have challenged the vires of rule 6 of the Rules, wherein for appointment as a Staff Nurse, registration with Punjab Nursing Council has been male as an essential qualification.;