GMCH-32 order refusing nod for study at private college quashed


Chandigarh, January 27

The Central Administrative Tribunal (CAT) here has quashed an order of the Government Medical College and Hospital (GMCH), Sector 32, restricting permission for admission in MSc nursing course in government institutions only.

Directing the UT Administration and GMCH Director Principal to consider the case of two nursing officers of the medical college under the provision of the study rules 1972, the Bench said the order amounted to “unequal treatment, which is not permissible under the law”.

Rakhy Francis and Anu S Kannala, two nursing officers, had challenged the GMCH order through advocate Barjesh Mittal. In their application, they said they were desirous of pursuing MSc Nursing course offered by Baba Farid University of Health Sciences, Faridkot, and had submitted applications to the medical college for permission.

They stated the college, through a letter dated October 3, 2022, granted permission to appear in the entrance test with the rider that the permission was only for courses imparted by government institutions and that no study leave would be granted for courses imparted by private institutions.

They said they again made a representation requesting the condition restricting validity for admission to courses imparted by government institution be removed as it was against the CAT decision of February 9, 2022, in the case of ‘Dinesh Lawat vs UT’.

The representations were, however, rejected vide order dated October 19, 2022. They also placed a Supreme Court judgment in the case of ‘Mohini Jain vs State of Karnataka’ and ‘Unni Krishnan vs State of Andhra Pradesh’, holding the education was now a fundamental right of people.

In reply, the GMCH contended the services of medical staff were essential to treating patients and nursing staff in large numbers could not be spared. More than 50 applications for higher study, including correspondence, were received every year and it was not possible to spare/relieve a huge number of employees, it stated.

After hearing the arguments, CAT quashed the order saying restricting permission/NOC for admission to government institution only was unreasonable. The Bench said in pursuance to earlier directions of the tribunal, the respondents had granted permission/NOC to candidates for pursuing MSc Nursing in private institutions for session 2021-2022.

Amounts to unequal treatment, says CAT

Two nursing officers had sought GMCH’s permission to pursue MSc course from Faridkot varsityOn Oct 3, 2022, it allowed them to appear in entrance test with rider it was only for courses imparted by govt institutionsThey urged GMCH to remove condition as it was against CAT decision of Feb 9, 2022, but their plea was rejectedGMCH contended before CAT nursing staff in large numbers could not be spared. In order, CAT said it amounted to ‘unequal treatment’