' SAGHEER AHMAD QADRI, J.--- Petitioner Mst. Nasreen Akhtar daughter of Amir Ali through this petition under Article 199 of the Islamic Republic of Pakistan, 1973 has challenged her termination passed by the respondent vide Order No,1949-SSC dated 23-6-2009, as she earlier vide appointment Letter No,PF/1791/C dated 16-6-2009 was appointed as Midwife.
2. Brief facts in order to dispose of this writ petition as disclosed in the body of the petition are that petitioner passed her matriculation and intermediate examinations in 2003 and 2007 respectively from the Board of Intermediate and Secondary Education, Dera Ghazi Khan. She obtained diploma in Midwifery from Skill Development Council, Lahore in the year 2008; that in the year 2009 she was appointed as Midwife at Basic Health Unit, Chak No,90/ML, Tehsil Karor District Layyah by the order.Of respondent dated 16-6-2009 and she joined her duties on 20th of June, 2009; that respondent vide his order dated 23-6-2009 terminated her services on the grounds that her diploma in midwifery issued by Skill Development Council, Lahore was invalid due to non-affiliation of said institution with Pakistan Nursing Council. Through this petition petitioner assails her termination order as mentioned above that the same was passed with mala fide, patently illegal, without any lawful authority and that no prior notice whatsoever was issued to the petitioner before passing the impugned order. Prayed that termination order dated 23-6-2009 be set aside on the above mentioned grounds.
3. Notice was issued to the respondent and he was directed to submit parawise comments, which were submitted accordingly.
4. Learned counsel for the petitioner reiterated his stand mentioned in the writ petition reproduced above. To support his arguments, learned counsel while referring the orders passed in W.P.No,5176 of 2010 titled as "Nasir Abbas v. EDO and others" by this Court on 23-6-2010 and in W.P.No,876 of 2007/Bwp. Titled as "Syed Zeeshad Hameed v. EDO (Health), Bahawalpur and another" prayed that this writ petition be allowed.
5. On the other hand, learned A.A.-G. Has vehemently opposed this petition on the grounds that as Skill Development Council, Lahore is not a recognized institution under Pakistan Nursing Council Act, 1973, therefore, its diploma has no recognition and the same cannot be taken as basis with regard to qualification of a person to be appointed as a Nurse/midwife; that although in the advertisement it was specifically Publicized the eligibility of a candidate possessing a diploma/certificate of midwifery course from a recognized institution but in the instant case petitioner has illegally managed to get her recommendation for the appointment from the competent authority through misrepresentation in connivance with an official of the respondent's department and her appointment letter was issued and she assumed her duties as such but subsequently when the documents/diploma were scrutinized, this deficiency was unearth and termination order was issued, which could be issued by the respondent according to Para 18 of the appointment letter dated 16-6-2009, even without issuance of any notice. Prayed that this writ petition even otherwise, is not maintainable, it be dismissed.
6. I have considered the arguments advanced by learned counsel for the parties and have gone through the record.
7. In order to dispose of this controversy the advertisement for the appointment of Midwife/Nurse is hereby reproduced, which is annexed by the respondent with his parawise comments.
Name of Deptt.Functional UnitName of PostAppointing AuthorityMinimum Qualification for Appointment by Initial Recruitment Promotion 1 2 3 4 5 6 -do--do-(85)
Midwife/ Nurse, Dai/Dai Nurse (BS- 5)District Officers (Health) of the Districts concerned/ Additional Medical Superintendents (Administration) of the Teaching Hospitals/ Children Hospital concerned and Heads of the Special Institutions concerned.Matric or an equivalent qualification from a recognized Board having Diploma/ Certificate in Midwifery Course from a recognized institutions ' Method of RecruitmentAge for initial recruitmentExamination Training and other conditions required.
Min. Max.
7 8 9 10 By initial recruitment ' It is an admitted fact that petitioner claims herself as diploma holder issued by Skill Development Council, Lahore. Copy of letter No,F-11-Admin/2010-2135 dated 22-7-2010 is present on the file, which was submitted by the respondents issued by the Registrar, Pakistan Nursing Council, which reads as under:---- "The District Officer Health, Layyah.
' Subject: VALIDATION OF DIPLOMA ISSUED BY SKILL DEVELOPMENT COUNCIL.
' Reference is made to your letter No,1405/C dated 21-7-2010 on the above said subject.
' As per provisions of PNC Act-1973, Pakistan Nursing Council is the only regulatory body for streamlining the educational/services matters of Nurses, Midwives and LHVs throughout the country. The grant of recognition in respect of any qualification or higher qualification (Diploma/Degree Programs) is decided by PNC as per set aside criteria.
' It may therefore be cleared that Skill Development Council is not entitled to impart any training related to nursing, midwifery or LHV course. Only recognized institutions have been authorized by PNC to do so.
' According to section 12 of PNC Act 1973, the recognized institutions are:---
1. Any institution or authority which conducts any courses of study of training in general nursing, midwifery, health visiting, public health nursing, auxiliary nursing or nursing aide (naid) may apply to Council for recognition.
2. The Council may, if it is satisfied after such inquiry as it may think fit to make that the institution or authority making any application under subsection (1) fulfils such requirements as may be prescribed for the purpose, grant the recognition applied for.
' As per provisions of said act the training of Nurses, Midwives and LHVs is conducted in the recognized institutions according to the approved curriculum set by PNC. After the prescribed level of training they appear in the exams held by Nursing Examination Boards (NEBs). The qualified diploma holders are then duly registered with Pakistan Nursing Council. Institutions running under the Skill Development Council are not legally authorized to award nursing, midwifery & LHV diplomas. The same has already been strictly objected and intimated to Skill Development council by PNC.
' Hence, the diploma of Ms. Nasreen Akhtar daughter of Ameer Ali cannot be registered with PNC in any case.
' If the parawise comments submitted by the respondent are seen, in reply to Para 4 it is submitted:--- ' The order dated 23-6-2009 is correct as the Punjab Health Department Paramedical Establishment Rules 20 on page No,23 at Serial No, (85) have provided the Minimum qualification for recruitment of Midwife as" Matric or an equivalent qualification from a recognized Board having Diploma/Certificate in Midwifery Course from a recognized institution (Copy attached as Annex-A).
' The Skill Development Council is Unrecognized Council as it is providing distant learning programs which did not impart any practical training to the students. So none of the Health Authorities recognize the certificates issued by Skill Development Council. As the Certificate provided by the petitioner was in contravention of Rules and as she did not possess any practical training while the post of Midwife is purely practical and Technical job. The public at large could not be put on the mercy of untrained midwife. So it is prayed that Petition may please be dismissed."
Admittedly, in the advertisement issued by the respondent qualification of appointment of a Nurse/Midwife, dai and dai nurse of BS-5 as earlier mentioned was specifically confined to candidates possessing matriculation certificate or an equivalent qualification from recognized Board having diploma/certificate in midwifery course from a recognized institution. The definition of recognized institution is provided under section 12 of Pakistan Nursing Council Act (XXVI), 1973 wherein it is specifically provided that:--- "RECOGNITION OF INSTITUTIONS OR AUTHORITY CONDUCTING TRAINING:
(1) Any institution or authority which conducts any courses of study of training in general nursing, midwifery, health visiting, public health nursing, auxiliary nursing or nursing aide (Naid) may apply to the Council for recognition.
(2) The Council may, if it is satisfied after such inquiry as it may think fit to make that the institution or authority making an application under subsection (1) fulfils such requirements as may be prescribed for the purpose, grant the recognition applied for."
' Recognized qualification is defined under section 2-(t) of the Act, ibid, which is also reproduced:-- - "Recognized qualification" means a qualification granted by a Board which is declared to be a recognized qualification for the purposes of this Act and includes--
(i) a qualification specified in the schedule; and
(ii) a qualification which was, immediately before the commencement of this act, a recognized qualification under the Pakistan Nursing Act, 1952 (LIX of 1952);"
' If the Schedule annexed with the Act, ibid, under section 2-(f) is seen, recognized qualifications are further clarified:--- "A. General Nursing.
' Certificate or Diplomas in Nursing, Midwifery and Health Visiting, Naids and Dais granted by a Provincial Nursing Board."
It is admitted fact, no-doubt, Skill Development Council is a project launched under the Ministry of Labour Manpower and Overseas Pakistanis (A Joint Project of National Training Bureau, Govt. Of Pakistan, World Bank and ILO) but the fact remains that this Skill Development Council so far has not been recognized as an institution or authority by the Nursing Council of Pakistan and any diploma on the basis of training/course provided by that institution cannot be made basis for providing employment as it is prohibited under section 23 of the Pakistan Nursing Council Act, 1973, which section is hereby reproduced:--- ' PROHIBITION OF EMPLOYMENT OF UNREGISTERED NURSES, ETC.:
(1) No hospital, asylum, infirmary, dispensary or lying in hospital maintained or aided by the Federal Government or a Provincial Government or a local authority shall employ therein any person as nurse, midwife, health visitor or nursing auxiliary unless such person--
(a) is registered in the register; or
(b) is a trainee at an institution recognized for the purpose by the Council and is certified by the head of that Institution to have already received sufficient training to be able to perform his duties safely and satisfactorily."
In the light of above discussion when the petitioner did not possess the required qualification/diploma and she got herself appointed while concealing this fact through certain unlawful means with the assistance of an official of the respondent department against whom appropriate departmental action has been initiated, initial appointment of petitioner vide appointment letter No,PF/1791//C dated 16-6-2009 was not lawful and justified, therefore, her termination vide impugned office order dated 23-6-2009 is not liable to be set aside' while exercising extra ordinary remedy through writ jurisdiction.
8. Before parting with this order,, it is observed that as according to Para 18 of the Appointment Letter, contract of her appointment dated 16-6-2009 was liable to be terminated on one month's notice or deposit of one month pay in lieu thereof, on either side, without assigning any reason. As the petitioner was appointed by the respondent, although, due to certain act or omissions on the part of his own official, therefore, her termination order could have only been passed after issuance of one month notice or otherwise to pay her one month salary in lieu thereof. In these circumstances, as no prior notice whatsoever was issued, therefore, petitioner is entitled for one month pay as provided under para 18 of the appointment letter. For what has been discussed above, this writ petition being without any merit is hereby dismissed.