The Tamil Nadu government's decision not to admit any male candidate for the diploma course in nursing received the judicial nod on Monday, with the Madras high court dismissing a writ petition challenging the new norms.
The government, which was allotting 10 per cent of the available seats to male candidates till 2007-08, decided to make the diploma an all-girl course from 2008-09 following the introduction of a new syllabus by the Indian Nursing Council.
U Ashad Ali, whose application for admission was rejected by the health and family welfare department in November 2008, challenged the decision on the ground that discrimination on s*x grounds was violative of the fundamental rights enshrined in the Constitution. He said male nursing assistants were very much needed in various hospitals.
The government, however, submitted that male nurses were required only in a few places like jail, ortho department, mental health hspitals and operation theatres. Government hospitals have enough male nurses, who would be in service till 2045, it said.
Referring to the new syllabus of the Indian Nursing Council, it said midwifery had been made a mandatory requirement to complete the course. As no woman prefers to have the assistance of male nurses during delivery, antenatal, post-natal and labour ward for care, it is not possible to impart the training to male candidates, it said. Without the midwifery training, they cannot complete the course, it was explained.
Accepting the rationale, Justice K Suguna said male students cannot complete their courses without training in midwifery. "Nursing services must meet the health needs of the society most effectively and for that, whatever is essential has to be implemented. If the service of the male nurse is not in need, in my opinion...the decision of the government in restricting admission to female candidates alone has to be accepted. Also, it is not disputed that already sufficient number of male nurses are available. As on date sufficient male nurses are available to serve up to the year 2045. It is seen that the authorities have examined the matter in depth and this can be seen from the documents enclosed," she said.
She then dismissed the writ petition and upheld the legal validity of the health department's notification dated December 7, 2008.
