HC rejects appeal from nurse seeking return of certificates
TIMES NEWS NETWORK
Chennai:16.10.2018
Nursing is an ‘art and science’, said Madras high court, decrying a woman nurse’s bid to avoid serving the two-year bond period with Christian Medical College (CMC), Vellore. The court then refused to order CMC to return her certificates.
S Austin Blessie had joined BSc nursing course as a candidate sponsored by CSI Diocese of Vellore. While joining, she had entered into a Sponsorship Obligation Agreement, by which, she was required to serve for at least two years in a diocese institution. After the completion of the course, however, , she was not willing to fulfill the agreement and instead wanted to go for higher studies. She then asked the management to return all her certificates. After it was turned down, she moved the high court, where a single judge upheld the hospital’s decision. Blessie then filed an appeal.
Dismissing her appeal, and wondering whether her character resembled that of a bull in a China shop, a division bench of Justice S Vimala and Justice S Ramathilagam said, “The appellant thinks money is a key motivating factor. But when the situation improves and money becomes sufficient or abundant, it loses its importance. Security, good working conditions, opportunity for promotion, mental satisfaction, status, etc., usually become more important. Admittedly, the petitioner joined the BSc Nursing course, sponsored by CSI Diocese, Vellore and entered into the Sponsorship Obligation Agreement. Under the circumstances, the writ appeal is liable to be dismissed.”
Upholding the decision of single judge that the writ petitioner had acted in a manner contrary to the terms of the contract and therefore, it is not open to the petitioner to invoke the writ jurisdiction and the right vested with the CMC Vellore under Article 30 of the Constitution cannot be taken away by the writ court, the bench dismissed the appeal.
After the completion of the course, S Austin Blessie was not willing to fulfill the agreement and instead wanted to go for higher studies
TIMES NEWS NETWORK
Chennai:16.10.2018
Nursing is an ‘art and science’, said Madras high court, decrying a woman nurse’s bid to avoid serving the two-year bond period with Christian Medical College (CMC), Vellore. The court then refused to order CMC to return her certificates.
S Austin Blessie had joined BSc nursing course as a candidate sponsored by CSI Diocese of Vellore. While joining, she had entered into a Sponsorship Obligation Agreement, by which, she was required to serve for at least two years in a diocese institution. After the completion of the course, however, , she was not willing to fulfill the agreement and instead wanted to go for higher studies. She then asked the management to return all her certificates. After it was turned down, she moved the high court, where a single judge upheld the hospital’s decision. Blessie then filed an appeal.
Dismissing her appeal, and wondering whether her character resembled that of a bull in a China shop, a division bench of Justice S Vimala and Justice S Ramathilagam said, “The appellant thinks money is a key motivating factor. But when the situation improves and money becomes sufficient or abundant, it loses its importance. Security, good working conditions, opportunity for promotion, mental satisfaction, status, etc., usually become more important. Admittedly, the petitioner joined the BSc Nursing course, sponsored by CSI Diocese, Vellore and entered into the Sponsorship Obligation Agreement. Under the circumstances, the writ appeal is liable to be dismissed.”
Upholding the decision of single judge that the writ petitioner had acted in a manner contrary to the terms of the contract and therefore, it is not open to the petitioner to invoke the writ jurisdiction and the right vested with the CMC Vellore under Article 30 of the Constitution cannot be taken away by the writ court, the bench dismissed the appeal.
After the completion of the course, S Austin Blessie was not willing to fulfill the agreement and instead wanted to go for higher studies
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