P.C.JAIN,J. - (1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner -Rajasthan Subordinate Service Association, has challenged the legality of the impugned order dated 5th January, 1987 (Annx. 4) and prayed that the same may be quashed and set aside and the members of the Association be allowed to undergo and complete the training in terms of order dated 1st September, 1986.
(2.) BRIEFLY stated the facts of the case are that the Rajasthan Subordinate Service Association is an association, which has been recognised by the Government of Rajasthan vide order No. F. 2 (1) Apptt. (A. II)/62 dated 22nd February. 1963. The Association has a branch of para -Medical staff, which is affiliated with it and has a membership of 123 who are trained as sector supervisors in Medical and Health Department. It is contended by petitioner that all the Trained Sector Supervisors i.e. those who were para Medical Multipurpose Workers Course Trained and were working as Sector Supervi -rors in the pay scale of 500 -860, were sought to be promoted as male nurse Gr. II and for that purpose valid sanction was accorded by the Government on the conditions mentioned in the order dated 1st September, 1986. Accordingly 126 para -Medical Multipurpose Workers working as Sector.Supervisors were sent for one year's short intensive course, and they are to be promoted as Male Nurse Gr. II in the pay scale of 610 -1090 and one year period of training is to be treated as on study leave/duty with the payment of the salary as Sector Supervisors. How ever, the letter dated 1st September, 1986, was latter on amended by corrigendum dated 6th October, 1986, whereby the study leave was substituted by duty and date of commencement of training was also changed from 15th September, 1986 to 25th September, 1986. Out of 126 Para -Medical Multipurpose workers 123 reported themselves for training. In the writ petition, it was submitted that when it was filed on the 12th January, 1987, they were undergoing training at different centres. The case of the Association is that the Rajasthan Nurses Association made some representations before the Government and the Government by order dated 5th January, 1987, stayed the operation of the order dated 1st September, 1986. It is this order dated 5th January, which is under challenge in this writ peti' tion. Aggrieved by the order dated 5th January, the petitioner has preferred this writ petition contending that the order dated 5th January, 1987 was passed without hearing the Association or its members and is arbitrary and violative of rights of the members of the petitioner association under Arts. 14 and 16 of the Constitution of India. A notice was issued to the respondents to show cause as to why the writ petition should not be admitted and, in the meanwhile, this Court vide order dated 16th January, 1987, stayed the order dated 5th January, 1987 and directed that such candidates who are undergoing training of Male Nurse Gr -II and who have not been relieved so far, will continue their training. Respondents Nos. 1 and 2 have filed their reply to the show cause notice contending that the appointment to the post of Male Nurse Gr. 1 -Compounder is regulated by the provisions contained in the Rajasthan Medical and Health Subordinate Service Rules, 1965. Prior to 3rd June, 1982. this post was required to be filled 100% by promotion from amongst the Male Nurse/Compounder -III, who were having the qualification of RNRC or its equivalent qualification recognised by the Government After amendment of the Rules made on 3rd June, 1982, the post is required to be filled 100% by direct recruitment. It is submitted by the respondents that the qualification required for direct recruitment is RNRC or its equivalent qualification recognised by the Government and registered, as A Grade Nurse. It, is further contended that the desingation of the post of a Compounder Gr. It and Staff Nurse has been changed to Nurse Grade II. It is also contended that there is no provision for promotion of Para -Medical Multipurpose Workers or Sector Supervisors to the post of Male Nurse II and, therefore, the letter dated 1st September, 1986 was issued in contravention of the statutory rules. It has also been contended by respondents No. 1 and 2 that for registration, as A -Grade Nurse, a person is required to undergo training which; has been prescribed by the Indian Nurses Council and the Rajasthan Nursing Council. Indian Nursing Council has been given, power to make regulations under Section 16 of the Indian Nursing Council Act, 1947 and in Clause 16(1)(g), the Council has been authorised to prescribe standard curricula for the training of nurses. A candidate is required to pass such training course for getting registration as A -Grade, Nurse by; the Rajsthan Nursing Council. The respondents further denied the contentions made by the petitioner Association The Rajasthan Nurses Association moved an application -for impleading it as a party on the ground that the relief, sought by the petitioner is likely to affect the interest of the trained nurses. This Court vide order dated 6 10.1987, was allowed the said Association to act as Intervener An application was also filed by the Rajasthan Nurses Association (Trained) for impleading it as a party and this Court vide its order dated 10th March, 1987, allowed the Association to act as an intervener in the case. In the application filed by the Rajasthan Nurses Association for impleading it as respondent, certain facts were placed on record. Through this application, it was conterded that it is an Association of Nursing Staff throughout the State of Rajasthan and is a registered trade union. The Association represents the interest of 15,000 nursing staff in the various hospitals, sanitation, health centres etc. In the application, it has been averred that the recruitment to the post of Nurse Gr. II is required to be made under the Rajasthan Medical and Health Subordinate Service Rules, 1965. The qualifications for direct recruitment, as laid down in the Rules of 1965 are (1) RNRC or its equivalent qualification recoguised by the Government. (2) Registered A -grade nurse. It is further mentioned that the qualification of RNRC is awarded after completion of the training prescribed by the Rajasthan Nursing Council. It is submitted that the letter of the Government dated 1st September, 1986 is against the rules and the qualifications laid down by the Indian Nursing Council. The Association has pointed out that by giving one year's training the members of the Association who are multipurpose workers are sought to be eligible for promotion to the post of Nurse Gr. II. which is against the rules and regulations, Multipurpose Workers are not given any training on the nursing side. The duration of the training in general nursing is three years While objecting the application of the Association for impleading it as a party, the petitioner Association also placed on record certain facts which are relevant for deciding the controversy between the parties. The petitioner Association has pointed out that the Rajasthan Nursing Association cannot have a legitimate grievance against the orders, by which the memberes of the petitioner Associatio have been sent for training nor the Rajasthan Nursing Association can be aggrieved if the members of the petitioner Association are appointed as Male Nurse Gr. II by promotion in terms of remark (b) under Column No. 7 against the above mentioned post at Sr. No. 4 in the amended schedule as per the amendment made vide Notification dated 3rd June, 1982, in the Rajasthan Medical and Health Subordinate Service Rules, 1965. It was further contended by the petitioner Association that the members of the Rajasthan Nursing Association will not suffer any prejudice in as much as there were 900 posts available as on 1st September, 1988 and there are only 550 nursing student and only 500 are trained every year and there is a great dearth of male nurses. The petitioner Association has further explained that the members of the Association had taken training in para -Medical Multipurpose workers and now they are trained in condenesd and intensive training because they were working as AHW after taking training of para -medical Multipurpose workers. It was also explained that while they were working against the posts of AHW, which were abolished, they were adjusted as FPHA - -the post which was re -designated as Sector Supervisor. Still further the Association has explained that after appointment of AHW like the members of the petitioner association as Male Nurse Gr. II, the said process could not be repeated and, thus the Rajasthan Nursing Association could have no legitimate grievance.
(3.) SHRI Calla, learned Counsel for the petitioner Association, has submitted that the case of the petitioner is fully covered by the remarks (6) in 7 Column of the schedule againt the post of Nurse Gr -II at Sr. No. 4 of Sche -dule -I. appended to the Rajasthan Medical: and Health Subordinate Service (Amendment) Rules, 1982, which is reproduced as under: (b) Those AHWs who, have been trained as AHWs and are actually working against the post of AHWs may also be allowed promotions to the post of Nurse Grade -II as a one time action only On the basis of this, Shri Calla has submitted that those workers who have been trained as Auxiliary Health Workers are actually working against the post of AHWs have been allowed promotions to the post of Nurse Gr -II as a one time action only. The submission of Shri Calla. thus, is that after amendment of the schedule i.e. after 3rd June, 1982, the members of the Association who were working against the post of AHWs are entitled to be promoted as a one time action only to the post of Nurse Gr. II. The aforesaid provision was made because prior to the amendment of the said Schedule 75% appointments were n ade by direct recruitment and 25% by promotion on the post of Nurse Gr. II and the interest of the candidates like the members of the petitioner association, who were trained as AHWs and were actually working against the post of AHWs had got to be protected as the very post against which the members of the petitioner Association were working on the post of AHWs have been abolished in March, 1980. ;