Madras high court rejects nurse's plea seeking return of her certificates
Chennai: Pointing out that the services of nurses are indispensable in safeguarding public health, the Madras high court has rejected a plea from a nursing graduate, who sought return of her certificates without insisting her to work in an institution for two years as per the sponsorship obligation agreement.
A division bench comprising justices S. Vimala and S. Ramathilagam dismissed the appeal filed by S. Austin Blessie, challenging an order of a single judge, refusing to direct the Christian Medical College in Vellore to hand over the certificates pertaining to her nursing education.
“Some kinds of work are regarded as more fulfilling or more dignified. Thus, the terms vocation, career or profession, or occupation, all carry slightly higher prestige than the word ‘job’. Without understanding the significance, the appellant is refusing to work for the needy. The refusal is unjustified. Therefore, the appellant is not entitled to ask for return of certificates,” the bench added.
Austin Blessie joined B.Sc Nursing course as a candidate sponsored by CSI Diocese of Vellore. While joining, she entered into a sponsorship obligation agreement, by which, she was required to serve in one of the institutions of the body for a minimum period of two years. After completion of the course, she, unwilling to perform as per the SOA, wanted to go for higher studies in the subject Hospital Administration. She wrote a letter requesting for breaking of the bond through the Bishop of CSI, Vellore Diocese, which was forwarded to CMC, which had chosen to reject her request. Aggrieved, she approached the court.
S. Sathiachandran, the counsel for the appellant contended that the appellant was entitled to get all statutory certificates including TC and Course completion certificate from the CMC. As regards SOA, the appellant had offered to pay some compensation for breaking the bond, but the CMC was keen only on the pound of flesh like Shylock and has been successfully withholding the certificates for the past six years, due to which the appellant has suffered her higher education, he added.
Rejecting the appeal, the bench said the nurses work tirelessly to identify and protect the needs of the individual. Beyond the time-honored reputation for compassion and dedication lies a highly specialised profession, which was constantly evolving to address the needs of society. From ensuring the most accurate diagnoses, to the ongoing education of the public about critical health issues, nurses were indispensable in safeguarding public health, the bench added.
The bench said nursing can be described as both an art and a science, a heart and a mind. At its heart, lies a fundamental respect for human dignity and an intuition for a patient’s needs. This was supported by the mind, in the form of rigorous core learning. Due to the vast range of specialism and complex skills in the nursing profession, each nurse will have specific strengths, passions and expertise.
“In this case, the appellant thinks that 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,” the bench added.
