RURAL INSTITUTE OF PARA-MEDICAL SCIENCE v. BOARD OF SECONDARY EDUCATION M P
2009-01-29
DIPAK MISRA, R.K.GUPTA
body2009
DigiLaw.ai
Judgment ( 1. ) IN the present writ petition filed under Article 226/227 of the Constitution of India, the petitioner-an educational institution has prayed for issuance of a direction to the respondents to register the students of petitioner Institute as Nurse in Madhya Pradesh, on the basis of their passing the Auxiliary Nursing and Midwifery Course (vocation course)from petitioner Institute so that these students may be able to get employment no the basis of above said course. The facts, so far as they are necessary for arriving at a decision in this writ petition, are that the Board of secondary Education, Bhopal is imparting the vocational education for medical lab and auxiliary nursing and midwifery courses and accordingly the recognition was given in favour of the petitioner-institution to run different courses of paramedical science. From a perusal of document Annexure P-1, it clearly appears that the petitioner-institution has also been authorized by the respondent No. 2 to open an Extension Centre for advertisement, admission, coaching and information office. The respondent No. 1 has also authorized the respondent no. 2 for running the course of medical lab and auxiliary nursing and midwifery and after completion of their course according to the averments made in the petition, the petitioner-institution gave admission to the students and the students who were admitted to the said courses have also passed their examinations but after completion of their course when the students applied for their registration in terms to the Indian Nursing Council Act, 1947 (for short "the 1947 Act"), the said course was not approved and recognised by the Indian Nursing Council, hence no request was accepted. Section 10 and 11 of the 1947 Act contains a list of the institutions which have been recognised. The said document has been filed as Annexure R/1, which refers to general Nursing wherein certificates, diplomas or degrees in Nursing issued by certain institutes are recognised. At serial No. 11, the Madhya Pradesh Medical Examination board (when issued before the 1st day of April, 1950) is recognised. The entry No. 26 is also relevant which relates to the Madhya Pradesh State Nurses Registration Council, which is also recognised. Similarly, at serial No. 33, the mahakoshal Nurses Council is also recognised.
At serial No. 11, the Madhya Pradesh Medical Examination board (when issued before the 1st day of April, 1950) is recognised. The entry No. 26 is also relevant which relates to the Madhya Pradesh State Nurses Registration Council, which is also recognised. Similarly, at serial No. 33, the mahakoshal Nurses Council is also recognised. The certificates issued by any of the authorities shown in clause-C of the document Annexure R/1 in Auxiliary nursing Midwifery are also recognised and it appears that such certificates issued by the Mahakoshal Nurses Council are also recognised. A minute scrutiny of the aforesaid narration of facts makes it amply clear that the certificates as obtained by the students admitted by the petitioner-institution which is recognised by the Board of Secondary Education, M. P. Bhopal with reference to medical lab and auxiliary nursing and midwifery course, are not recognised by the Nursing council constituted under the Indian Nursing Council Act, 1947. On the basis of the same, it is clear that the students admitted by the petitioner-institution who obtained the degree in the vocational course pertaining to the examination conducted by the respondent No. 1 is a different than the certificate recognised under the 1947 Act and thus, the petitioner cannot claim that the certificate their students have obtained from the respondent No. 1 the board of Secondary Education should also be deemed to have been recognised by the Indian Nursing Council constituted under the 1947 Act. On behalf of the petitioner it is contended that an extract of the relevant Rule 10 which deals with recognition of qualifications has been along with their rejoinder as Annexure A-1. The Rule 10 (2) of the same, reads as under;- " (2) Any authority within the (States) which, being recognised by the (State) Government (in consultation with the State Council, if any) for the purpose of granting any qualification, grants a qualification in general nursing, midwifery, (auxiliary nursing midwifery), health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and the Council may declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised qualification for the purposes of this Act.
" A bare perusal of the aforesaid sub-rule itself indicates that any authority if conducts an examination within the State such course should be initiated in consultation with the State Council and if such a degree is obtained then such institution may apply to the Council for such qualification to have recognised. It is clear that merely because the Board of Secondary Examination is conducting the examination for the auxiliary nursing midwifery course for imparting vocational education that does not mean that such a degree shall be deemed to be a degree for the purposes of Section 10 and 11 of the schedule of the 1947 Act. The recognition of a course under the 1947 Act either by Indian Nursing Council or by the State Council is entirely different than the course run by the Board of Secondary Education. Nothing has been shown that the course initiated by the Board of Secondary education was initiated after consultation with the Indian nursing Council or the State Council. It is not the ground of the present petitioner that the respondent No. 3 the state Council or the respondent No. 4 the Central Council had recognised the course run by the Board of Secondary education for the purposes of recognition under the 1947 act. On the basis of our overall assessment of the matter at hand, in our considered opinion, we do not find any substance in the present petition and it is dismissed accordingly.