The Bombay High Court has dismissed a petition of a government hospital nurse challenging levy of Rs one lakh penalty on her by the authorities for leaving mid-way a nursing course.
Usha Rathod, a nurse at Central Hospital in Ulhasnagar town in neighbouring Thane district, had obtained admission in P.B.Bsc Nursing course of two years duration but left after few months on medical grounds. However, in accordance with the admission brochure, she was asked to pay Rs one lakh penalty.
Aggrieved by the order, she filed a case in Maharashtra Administrative Tribunal (MAT) for quashing the order, saying she was diagnosed with "Minimal Ascitis in RIF" as a result of which she could not pursue her studies.
According to Rathod, after joining the course, she started suffering from pain in the abdomen and back since last week of October 2012.
As MAT did not give her relief, she moved the Bombay High Court.
She contended that in view of her condition, it became very difficult for her to continue attending the course as she found it difficult to sit and study for long period.
On January 21, 2013, the petitioner made a representation to Institute of Nursing Education and requested its principal to relieve her from the course.
The institute, vide a letter dated January 28, 2013, relieved Rathod and allowed her to join regular work as Paediatric Nurse at Central Hospital in Ulhasnagar.
However, Rathod was asked to pay Rs one lakh as per the conditions stipulated in the brochure published by the institute for the purpose of admission to the P.B.BSc Nursing course.
The high court was of the view that she had violated the conditions of admissions by leaving the course mid-way, therefore the petitioner was not entitled to any relief.
"If she could discharge her duties as a staff nurse, there was no reason why she could not have continued her P.B.B.Sc Nursing Course. The petitioner was well aware of Clauses 9.4 and 9.5 when she sought admission to the course and she also knew the repercussions for leaving the course of studies midway," said a bench of Chief Justice D H Waghela and Justice V K Tahilramani.
"Now, the petitioner cannot be allowed to contend that no penalty ought to have been levied on her. Thus, we find no merit in this petition. It is dismissed," said the order delivered on February 24.
