Rejecting a male nurse’s petition, a division bench of Justice N Paul Vasanthakumar and Justice M Sathyanarayanan said: “It is a trite law that this court in exercise of judicial review cannot interfere in the matter of appointment unless the action or inaction is found to be wholly arbitrary.”
The Madras high court has refused to review its January 8 judgment upholding the state’s policy to recruit nurses from government and private institutions through a competitive examination.
The judges said the power of judicial review was about rehearing the matter afresh. The judges also said the applicant had not acquired any legal right to be appointed as a nurse, merely because his certificate was verified by authorities.For decades, nurses from government-run institutes were recruited for government medical facilities. In February 2011, the government initiated steps to recruit 1,861 nurses for government hospitals. However, by the time they completed the first batch of 969 candidates, polls were notified. After the new government took over, an order was issued on January 18, 2012 announcing a policy decision that for all posts of nurses in government medical facilities, trained nurses from government institutions and government-approved private nursing schools would be considered.
Aggrieved by the order, the nurses who were not recruited in 2011 moved the court against the policy. Last week, more than 40 of nursing students climbed up a six-storey building in the court campus and threatened to jump off. They were brought down after hectic parleying.