Reena and Ors (Petitioner) VS Director, Directorate Nursing of Sindh and Ors (Respondent)

Mr

ORDER

SHEET

IN THE HIGH

COURT OF SINDH, KARACHI

C.P. Nos.D-4433,

5669 and 5705 of 2016

Date Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Maalik Gaddi

C.P. No.D-4433 of 2016

Zeeshan Aslam & others....................................Petitioners

Vs.

Director, Directorate of Nursing

Sindh & others...............................................Respondents C.P. No.D-4604 of 2016

Miss. Nomi & others............................................Petitioners Vs.

Province of Sindh & others...............................Respondents C.P. No.D-4761 of 2016

Muneer Ahmed & others....................................Petitioners Vs.

Director, Directorate of Nursing

Sindh & others..............................................Respondents C.P. No.D-5141 of 2016

Awais Ahmed & others....................................Petitioners

Vs.

Govt.

of Sindh & others.................................Respondents C.P. No.D-5146 of 2016

Sajan & others.....................................................Petitioners Vs.

Director, Directorate of Nursing

Sindh & others...............................................Respondents C.P. No.D-5147 of 2016

Sunita & others..................................................Petitioners Vs.

Director, Directorate of Nursing

Sindh & others...............................................Respondents C.P. No.D-5328 of 2016

Abdul Rehman & others.....................................Petitioners Vs.

Province of Sindh & others..............................Respondents C.P. No.D-5474 of 2016

Reena & others...................................................Petitioners Vs.

Director, Directorate of Nursing

Sindh & others...............................................Respondents C.P. No.D-5665 of 2016

Mariya..................................................................Petitioner Vs.

Director, Directorate of Nursing

Sindh & others...............................................Respondents C.P. No.D-5669 of 2016

Mst. Sana Aslam..................................................Petitioner Vs.

Government of Sindh & others.........................Respondents

C.P. No.D-5705 of 2016

Mst. Sumbal Javairia...........................................Petitioner Vs.

Government of Sindh & others....................Respondents

Date of hearing: 27.10.2016

Haji Zafarul Haq, Advocate undertakes to file Vakalatnama for the Petitioners except Petitioner No.22 in C.P.No.D-4433/2016.

Mr. Muhammad Ayaz Kandhoro, Advocate for Petitioners in C.P.Nos.D-4604, 5141 and 5328/2016.

Mr.John William, Advocate for Petitioners

in C.P.No.D-4761, 5146, 5147 and 5474/2016.

Mr. Jamroz Khan Afridi, Advocate for Petitioners

in C.P.No.D-5669 and 5705 of 2016.

None present for the Petitioner in C.P.No.D-5665/2016

Mr. G.M. Bhutto, Advocate for Director Nursing,

Government of Sindh.

Mr. Abdul Jalil Zubedi, A.A.G.

Mr. Ghulam Ali Brehmani, Additional Secretary-I,

SGA&CD, Government of Sindh.

Mr.Saadat Ahmed, Section Officer, Health Department.

Mr.Habibullah Soomro, Deputy Director Nursing, Sindh.

Mr.Abdul Latif, Principal, Sir C.J. Institute of Psychiatry, Hyderabad.

Mr.Madam Khalida, Principal Korangi.

Mrs. Shamim, Principal Cantt., Karachi.

Ms. Nasreen Ramzan, Acting Principal C.H.K.,

School of Nursing, Civil Hospital, Karachi.

Ms. Tahir-un-Nisa, Vice Principal, SON Korangi, S.

Javed Akhtar, Acting Principal, Qatar School of Nursing,

Karachi.

Muhammad Ali Mazhar, J:

The brief facts of the case are that all the petitioners in the aforesaid petitions in response to the advertisement published in the different newspapers in the month of July, 2015 applied for admissions in General Nursing course for the Batch 2015. They also appeared in the NTS examination and after passing examination and compliance of all codal formalities, they were allowed admissions in the different Government Nursing Schools. They have almost completed one year course in their respective Nursing Schools and the Annual Examination for their batch is going to be conducted in the month of November, 2016 throughout the province.

2.The petitioners are aggrieved by the cancellation letter of their admissions issued on 02.08.2016. The Section Officer (ME), Health Department, Government of Sindh issued a letter to the Director Nursing Sindh, Karachi and Controller, Sindh Nurses Examination Board, Karachi in which it is stated that on receiving complaint from different merits students of General Nursing as well as from National Accountability Bureau, the Health Department, Government of Sindh had constituted an Enquiry Committee for ascertaining the facts of the fake admissions in General Nursing course in various Schools of Nursing, Sindh for the Session 2015. Along with this letter, a list of 300 students admitted out of merit/bogus in various Schools of Nursing in Sindh during Session 2015 was also attached and their admissions were cancelled. Against the cancellation of the admissions, the aforesaid petitioners have approached this court.

3.The learned counsel for the petitioners argued that all the petitioners were admitted after fulfilling requisite requirements. They also appeared in the NTS test and after being declared successful, they have been admitted in their respective Schools of Nursing. They further argued that at this stage when almost the petitioners have completed one year course and they are at the verge of attending annual examination, the cancellation of their admissions is unjustified and without any lawful justification. They further argued that though the cancellation letters have been issued for 300 students including the petitioners, but at the same time various students are still attending the classes and their admissions have not been cancelled despite the fact that they never appeared in the NTS test nor they qualified on merits which is sheer discrimination on the part of respondents.

4.The learned counsel for the Director Nursing argued that in fact this action was taken on the report of Facts Finding Enquiry Committee where certain facts were divulged regarding illegalities and irregularities committed while allowing admissions to some candidates in Nursing Schools throughout the province. To a question raised by this court who was responsible for these alleged fake admissions, the learned counsel argued that the earlier Director Nursing had allowed admissions to the students and prepared the merit list and in the enquiry report some disciplinary actions have also been proposed against her.

5.When the court enquired from the learned A.A.G.

as well as the counsel representing the Director Nursing as to whether on submission of Facts Finding Committee’s report, any right of personal hearing was given to the petitioners to controvert them whether they obtained the admissions on merits or on the basis of some fake documents, the learned A.A.G. as well as counsel for the Director Nursing candidly conceded to that no such exercise was carried out but the action was taken on the basis of enquiry report without confronting it to the petitioners or providing them any right of personal hearing. The learned A.A.G. placed a proposal that if the court directs, the Secretary, Health Department will constitute a Committee to provide right of reasonable opportunity of audience to the petitioners where they may appear and produce their credentials to examine whether their admissions were allowed on merits or not. He further proposed that in the meanwhile all the students/petitioners shall continue to attend their classes and they will also sit in the annual examination till the Committee concludes the matter. All the learned counsel appearing for the petitioners agreed on this proposal.

6.As a result of above discussion, the aforesaid petitions alongwith listed applications are disposed of in the following terms:

(i)The Chief Secretary, Government of Sindh shall constitute a Committee under the Chairmanship of Secretary, Health with two Members; one Additional Secretary-I, SGA&CD, Government of Sindh who is also present in court and other Member from Law Department not below the post of Additional Secretary.

(ii)The Committee will examine the case of each petitioner and will also provide ample opportunity of hearing to him/her. Each petitioner shall produce his or her academic credentials before the Committee Members for consideration.

(iii)The Committee Members will examine the credentials of the petitioners to arrive at definite conclusion as to whether he meets the merit criteria or not.

(iv)The Committee Members will also call the NTS results with the representative of NTS for ascertaining the actual marks of each individual.

(v)The Committee will also examine as to whether some other candidates are still attending their institutions and their admissions have not been cancelled despite the fact that they never appeared in the NTS test (This condition has been incorporated on the firm argument of petitioners’ counsel that still some other candidates are enjoying admissions who never appeared in the test before the

NTS).

(vi)The Committee Members will issue proper notices in writing to each individual petitioner to appear before the Committee Members so that he may be provided fair right of audience.

(vii)The Committee shall decide the matter within a period of three (03) months and intimate the fate of the petitioners individually to them in writing on case to case basis. Till such time the Committee completes its verification exercise, the petitioners will continue to attend their institutions and classes and they will also be allowed to sit in the Annual Examination. However, this will be subject to final outcome of the enquiry report. If any admission is found to have been obtained on some fake documents or without merit, such candidate will not claim any right to continue the admission merely on the basis that he continued the course for one year and was allowed to sit in the examination under the court’s order.

(viii)Copy of this order may be transmitted to the Chief Secretary, Health Department, Government of Sindh and the learned A.A.G. for compliance. The competent authority shall also initiate appropriate action in accordance with the law against the persons responsible who played active role and became instrumental in the fake admissions or allowing admissions without merit, if any.

Judge

Judge