JUDGMENT S. PANDA, J. : As the legal issues involved in these writ petitions are similar, this Court is taking W.P.(C) No.16237 of 2011 as a leading case. 2.The petitioners who are the ANM Training Centres have filed the aforesaid writ petitions for issuance of mandamus against the opposite parties to allow the trainees to appear the Board Examination for A.N.M. training Courses for the sessions 2006-2007, 2007-2008, 2008-2009 and in WP(C) Nos.825 & 826 of 2012 for the session 2009-2010 after obtaining NOC from the State Government. 3.Learned counsel for the petitioner submits the following factual matrix of the case which is as follows : The petitioner-institution was established in the academic session 2007-2008 with prior intimation to the opposite parties. After establishment, the institution submitted the project proposal and other relevant documents for grant of “No Objection Certificate” (in short, “the NOC”). After verification of the documents, the NOC was granted to the petitioner-institution with annual intake capacity of 30 trainees for the academic session 2007-08, which was communicated to the petitioner-institution vide letter dated 13134 dated 10.5.2007. The petitioner-institution admitted 30 number of trainees and they completed the said course. They were permitted by the Director, Family Welfare Department, Orissa to appear the practical training and the trainees completed the said practical training. 3.1While the matter stood thus, the petitioner-institution was inspected by the Indian Nursing Council (hereinafter referred to as “the INC”) by a team on 28/29th May, 2009. The INC resolved on the basis of evaluation of the inspection report that as the petitioner-institution fulfilled all the criteria, it permitted the petitioner-institution to start ANM Course for one year, i.e., 2009-2010 from 13th June, 2009 with intake capacity of 20 students per year with conditions that the approval of State Nursing Council, University and the Board, the inspection would be conducted after one year, i.e., before the admission of next batch, the inspection would be conducted every year till the batch completes the programme and the institution should send necessary papers at least three months (before admission) in advance to complete the process of physical facilities, clinical facilities, nursing teaching staff and other regulation as laid down by the INC should be followed. Accordingly, permission certificate was granted to the petitioner-institution. The said permission certificate granted by the INC is under challenge in these writ petitions. Accordingly, permission certificate was granted to the petitioner-institution. The said permission certificate granted by the INC is under challenge in these writ petitions. 4.Learned counsel for the petitioner argued that the institution was established in the year 2007 after obtaining NOC from the State Government and it admitted the trainees being permitted by the State authorities with intake capacity of 30 trainees. The trainees have already completed the courses according to INC syllabus with permission from the State authorities. The petitioner-institution has also obtained permission certificate from INC. However, the INC has reduced the intake capacity of the institution, the reason of which has not been reflected in the certificate. Opposite party No.3-Secretary-cum-Registrar, Orissa Nurses and Mid-wives Counselling and Examination Board is the recognized authority under the INC Act to conduct the eamination. Section 10(2) of the Indian Nursing Council Act, 1947 (in short, “Act, 1947”), prescribes that the recognized authority will conduct the examination and give certificate to the trainees to register themselves as nurses and they may provide services to the people of the State. Therefore, a direction may be issued to the opposite parties to allow the trainees to complete the courses and practical training for the sessions 2006-07, 2007-08 and 2008-09 to appear in the examination conducted by the Board. He further submitted that as per the Act, 1947, the INC has to recognize the authority to conduct the examination and grant certificate and not the institution to admit the trainees. Accordingly, the trainees of the institution should have been allowed for appearing the examination. 5.A counter affidavit has been filed by the opposite party No.3 taking a stand that the Orissa Nurses and Midwives Examination Board is designated “The Board” for appropriate teaching and examination, a certificate testifying to their adequate training and proficiency in General Nursing and Midwifery. The Board has power to grant any person who satisfies such conditions and passed such examination as it may time to time Ordain Certificates in General Nursing and Midwifery. The Board was approved by the Government as per the Government Order No.8245-IT dated 13.8.1958 and subsequently the State Government has formulated the State Task Force (Nursing) and realignment of Nursing cadre with the Department of Health and Family Welfare through a resolution and that resolution has been notified in the Orissa Gazette on 22nd September, 2009. The Board was approved by the Government as per the Government Order No.8245-IT dated 13.8.1958 and subsequently the State Government has formulated the State Task Force (Nursing) and realignment of Nursing cadre with the Department of Health and Family Welfare through a resolution and that resolution has been notified in the Orissa Gazette on 22nd September, 2009. The Orissa Nurses and Midwives Registration Act, 1938 was given the assent of the Governor and was published in the Orissa Gazette dated 8th July, 1938. It provides for the registration and better training of Nurses, Health Visitors and Midwives in Orissa and to secure their better training. The Act was enacted prior to 1947 when the State of Orissa was declared as a Provincial State. The Indian Nursing Council Act was enacted to constitute the INC in order to establish a uniform standard of training for nurses, midwives and health visitors. The Act was extended to the whole of India except the State of Jammu & Kashmir. The INC has been given powers to recognize qualifications in these fields being awarded by various authorities. The INC has been issuing regulations as regards the minimum clinical and infrastructural facilities required to open a School/College of Nursing keeping in mind the provision of Section 16 of the Act, 1947. These minimum required facilities are insisted upon on every nursing institution in order to maintain uniform standards of nursing education all across the country and such minimum requirements are necessary for undergoing the syllabus prescribed. All the nursing institutions awarding Degree/Diploma in nursing must have the prescribed minimum requirements stipulated by the INC. Therefore, as per the regulation issued by the INC, the institution can admit the students after obtaining permission from the INC to start ANM/GNM Training Programme and those trainees will appear the examination. The said fact has been settled by this Court in Writ Appeal No.41 of 2010 disposed of on 13.9.2011. As such, the petitioner-institution being unrecognized institution, the trainees has rightly not been permitted to appear in the examination. 6.Opposite party No.5-Indian Nursing Council has filed its counter affidavit taking a stand that Act, 1947 is to regulate the nursing profession in the whole of India and set uniform standards in the matter of nursing training in order to ensure uniform standards of training for Nurses, Midwives and Health Visitors all over the country. 6.Opposite party No.5-Indian Nursing Council has filed its counter affidavit taking a stand that Act, 1947 is to regulate the nursing profession in the whole of India and set uniform standards in the matter of nursing training in order to ensure uniform standards of training for Nurses, Midwives and Health Visitors all over the country. The Council has been given powers to recognize qualifications in these fields being awarded by various authorities. The qualifications included in Part-I of the Schedule shall be recognized qualifications and the qualifications included in Part-II of the Schedule shall be recognized higher qualifications. As per section 10(2) of the Act “Any authority within the States which, being recognized by the State Government in consulation with the State Council, if any, of 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 recognized...”. Thus, the statute has clearly prescribed that even for recognizing a qualification or higher qualification being awarded by any authority in any State, it is only those authorities who have been recognized by the State Government in consultation with the State Council who can apply to the Council for recognition of such qualification or higher qualification, as the case may be. Accordingly, the INC has been vested with the power to recognize or approve any particular institution or college for awarding of qualifications recognized by the Council. The approval of the facilities at individual institutions by the INC is also built into the scheme of the Act, 1947. The petitioner-institution has admitted the trainees without permission from the INC ignoring the stipulations given in the NOC by the State. The INC after conducting due inspection of the petitioner-institution only permitted the petitioner-institution to impart ANM course with an intake capacity of 20 seats for the year 2009-2010 vide letter dated 14.1.2010 and any admission made prior to that date would not be valid admission. The course of Nursing is a highly intensive practical course with hand on experience and any person who passes out from non-recognized institutions would be incapable of discharging nursing duties. The course of Nursing is a highly intensive practical course with hand on experience and any person who passes out from non-recognized institutions would be incapable of discharging nursing duties. 7.An additional counter affidavit has been filed by the opposite party No.5 taking a stand that in view of Section 13 of the Act, the approvals/suitability granted to the institution is always perspective in nature after inspecting the institution regarding existence of clinical, teaching and infrastructural facilities. The approvals/suitability cannot be expected to take a decision from retrospective date. The institution has been given permission certificate after the inspection report was placed before the Council taking into consideration the availability of the clinical, teaching and infrastructural facilities of the institution. 8.Learned counsel for opposite party No.5 argued that before inspection was made by the INC whether infrastructural facilities were available or not within their knowledge and after due inspection, the INC has given permission prospectively and the said permission cannot be granted retrospectively as prayed for by the petitioners. 9.In the present case, the petitioners’ institutions have already obtained permission from the State Government to establish the ANM training centres. 10.At paragraph-17 of the Writ Appeal No.41 of 2010 it is observed that any institution, which is required to be established either in a public or private sector or by a society as per the Societies Registration Act, must necessarily obtain recognition from the State Government as required under the provisions of the INC Act to facilitate the Board for the purpose of conducting examinations as per the provided Syllabus particularly the course of training either for Nursing or Midwifrey. The statutory provisions mandate the institution, which is required to be established, to seek recognition and get recognition. 11.This Court is of the view that the said observation made by the Division Bench in Writ Appeal No.41 of 2010 rather supports the case of the petitioners who have already obtained NOC from the State Government to establish the institutions and they have also fulfilled all the criteria regarding infrastructure and teaching staff. Further they have also obtained permission even though not necessary in view of the provision of the INC Act from the INC. Further they have also obtained permission even though not necessary in view of the provision of the INC Act from the INC. 12.Learned counsel for the petitioner raised the questions to be considered in this writ petition is whether the institution can admit the trainees after obtaining NOC from the State Government without permission from the INC and in such event whether the institution can be treated as unrecognized institution as per Act, 1947 ? 13.He has submitted the factual aspects which need to be considered on the background of health services available in the State taking into consideration its population. 14.At present, there are four skilled deficient sectors in India. Health sector is one of them. In accordance with the Government National Policy on skill development, National Skill Development Corporation was set up to implement the Government Policy. A research team assesses the market demand and type of job available at present. They have also given suggestion to create a labour market information system to ensure that people passing out of the institutes are industry-ready and their services can be readily utilized by the society. 15.So far as Nursing in Orissa is concerned, it has not demonstrated any remarkable growth during the 60 years after independence. Nursing personnel are required in every sphere and level of the health care delivery system. Nursing personnel work in a wide range of situations from Sub-Health Centres to Medical College Hospitals. Nurses are essential for health promotion and disease prevention in the periphery as well as to carry out sophisticated medical interventions in tertiary hospitals. Nurses are crucial to patient treatment and recovery because they provide continuity of care in hospitals due to their unbroken presence round-the-clock. Moreover they are links in continuum of care from preventive to rehabilitative, from community to hospital and back to community. Nurses are required for smooth functioning of each of the Government health facilities and training institutions. (Emphasis supplied.) In addition, there is a significant and ever growing private health sector which is increasingly absorbing trained nursing personnel. Sufficient numbers of nurses equipped with appropriate skills and knowledge are essential for achieving goals set by National Rural Health Mission (NRHM). In Orissa, there are acute shortages in almost all cadres of nursing personnel hampering the achievement of NRHM goals. Sufficient numbers of nurses equipped with appropriate skills and knowledge are essential for achieving goals set by National Rural Health Mission (NRHM). In Orissa, there are acute shortages in almost all cadres of nursing personnel hampering the achievement of NRHM goals. The assessment of nursing workforce in Orissa was undertaken by the Academy for Nursing Studies on behalf of National Health System Resources Centres (NHSCR) in 2008-2009 with the approval of the NRHM, Government of India and with the cooperation of the Government of Orissa. The findings indicated acute shortages of nursing and midwifery personnel at all levels. The Government of India recognized that the availability of human resources in rural areas “is one of the serious challenges faced by the NRHM” and stated, “.... a possible solution to this problem, would be to encourage the selection, recruitment, training and placement of nurses in a big way by the States. In fact, it would be desirable to constitute a Nursing Cadre by all States, so that their selection, training, placement, career progression etc. could be taken up in a systematic way”. The findings of the situational analysis provide a framework for addressing shortages and preparing an action plan for strengthening nursing, midwifery and public health nursing in Orissa. Urgent action is required to address shortfalls and meet immediate needs and also prepare concrete action plans for preventing shortages, reducing discrepancies and inequities in the future. Accordingly, a proposal was given to increase the number of Auxiliary Nursing Midwives. The Dictionary means of “Auxiliary” are “helping”, “helper” or “an assistant person”. 16.Accordingly, ANM means a “Helper” who helps the patient at the time of need. Auxiliary Nursing and Midwifery Course used to be conducted for two years with focus on maternal and child health. Though the course was auxiliary to nursing, it is in fact had strong midwifery component. The course was discontinued after 1997 when the Indian Nursing Council reduced the period of training from two years to eighteen months. For nearly four decades after independence, nursing education was limited to only a few ANM and GNM Schools to the Government and Mission Hospitals. During last decade, in addition to the ANM Schools, in the Government Sector and one managed by missionaries, 23 ANM training institutions were started in the private sectors. For nearly four decades after independence, nursing education was limited to only a few ANM and GNM Schools to the Government and Mission Hospitals. During last decade, in addition to the ANM Schools, in the Government Sector and one managed by missionaries, 23 ANM training institutions were started in the private sectors. Nursing and Midwifery workforce in Orissa consists of personnel working in three distinctly different areas; public health, clinical services and teaching. Accordingly, the urgent action is required to address shortfalls and meet immediate needs and strengthen nursing and midwifery in the State. ANMs are vital frontline health workers. Technical service provides provision for mothers and children, giving first aid, treating minor ailments and gathering vital information (Emphasis supplied). Most importantly, they act as agents of change and promote health through education and information. Different options are there to increase the number of ANMs in Orissa, (i) Increase capacity of current training centres; (ii) Start new ANM schools in the public sector; and (iii) Strengthen private ANM training institutes. The issue of candidates from private ANM schools could be resolved by inviting the representatives of these institutions for a discussion, identifying the gaps, implementing a bridge course to fill gaps, and allowing the students to appear for examination in consultation with the nursing council. This measure will help to get the additional candidates into the pool. 17.In child mortality, Orissa place is second in India. For every 1000 born, 61 died due to non-availability of health care. The general death toll in Orissa is also more than other States in India due to above reason. At the national level, death toll is 7.2 not getting any health care. However, in Orissa it is 8.6. In village and remote areas, the figure is even worse. But Kerala is heaven for new born child care and health services are good that only 13 died out of 1000. 18.On the above backgrounds, this Court thinks that it would be just and necessary to extract the statutory provisions of Sections 10, 11, 13, 14 and 16 of the 1946 Act which are as follows : “10. Recognition of qualifications. (1) For the purposes of this Act, the qualifications included in [Part I of] the Schedule shall be recognized qualifications, and the qualifications included in Part II of the Schedule shall be recognized higher qualifications. Recognition of qualifications. (1) For the purposes of this Act, the qualifications included in [Part I of] the Schedule shall be recognized qualifications, and the qualifications included in Part II of the Schedule shall be recognized higher qualifications. (2) Any authority within the [States] which, being recognized 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 Scheme may apply to the Council to have such qualification recognized, and the Council may declare that such qualification, or such qualification only when granted after a specified date, shall be recognized qualification for the purposes of this Act. xxxxxxxxx 11. Effect of recognition. (1) Notwithstanding anything contained in any other law, - (a)any recognized qualification shall be a sufficient qualification for enrollment in any [State] register. (b)no person shall, after the date of the commencement of this Act, be entitled to be enrolled in any [State] register as a nurse, midwife, [auxiliary nurse-midwife,] health visitor, or public health nurse unless he or she holds a recognized qualification : Provided that any person already enrolled in any State register before the said date may continue to be so enrolled notwithstanding that he or she may not hold a recognized qualification : Provided further that any person who was immediately before the said date entitled to be enrolled in any State register but was not so enrolled shall, on application made in this behalf before the expiry of two years from the said date be entitled to be enrolled in that register : (c)xxxxxxxxx (2) (a) xxxxxxxxx (b) a person not being a citizen of India who is employed as a nurse, midwife, auxiliary nurse-midwife, teacher or administrator in any hospital or institution situated in any State for purposes of teaching, research or charitable work may, with the approval of the President of the Council, be enrolled temporarily in the State register for such period as may be specified in this behalf in the order issued by the said President : Provided that practice by such person shall be limited to the hospital or institution to which he or she is attached.] 12. xxxxxxxxx 13. Inspections. xxxxxxxxx 13. Inspections. (1) The Executive Committee may appoint such number of inspectors [whether from among members of the Council or otherwise] as it deems necessary to inspect any institution recognized as training institution, and to attend examinations held for the purpose of granting any recognized qualification or recognized higher qualification. (2) Inspectors appointed under this section shall report to the Executive Committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be, on the sufficiency of the examinations. (3) The Executive Committee shall forward a copy of such report to the authority or institution concerned, and shall also forward copies, with the remarks, if any, if the authority or institution concerned thereon, to the Central Government and to the [State] Government and [State] Council of the [State] in which the authority or institution is situated. 14. Withdrawal of recognition. (1) When, upon report by the Executive Committee, it appears to the Council - (a)that the courses of study and training and the examinations to be gone through in order to obtain a recognized qualification from any authority in any [State], or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or (b)that an institution recognized by a [State] Council for the training of nurses, midwifes, [auxiliary nurse-midwives] or health visitors does not satisfy the requirements of the Council, the Council may send to the Government of the [State] in which the authority or institution, as the case may be, is situated a statement to such effect, and the [State] Government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in a case referred to in clause (b) to the [State] Council also, with an intimation of the period within which the authority or institution may submit its explanation to the [State] Government. (3) The Council, after such further inquiry, if any, as it may think fit to make, and in a case referred to in clause (b) of Sub-section (1), after considering any remarks which the [State] Council may have addressed to it, may declare, - (a)in a case referred to in clause (a) of that Sub-section, that the qualifications granted by the authority concerned shall be recognized qualifications only when granted before a specified date, or (b)in a case referred to in the said clause (b), that with effect from a date specified in the declaration any person holding a recognized qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution concerned shall be entitled to be registered only in the [State] in which the institution is situated. (4) xxxxxxxxx 15. xxxxxxxxx (16). Power to make regulations. (4) xxxxxxxxx 15. xxxxxxxxx (16). Power to make regulations. (1) The Council may make regulations not inconsistent with this Act generally to carry out the provisions of this Act, and in particular and without prejudice to the generality of the foregoing power, such regulations may provide for - (a)to (ff) xxxxxxxxx (g)prescribing the standard curricula for the training of nurses, midwives and health visitors, for training courses for teachers of nurses, midwives and health visitors, and for training in nursing administration; (h)prescribing the conditions for admission to courses of training as aforesaid; (i) & (j) xxxxxxxxx (2) xxxxxxxxx (3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]” 19.From the aforesaid sections, it appears that as per section 10, the INC will recognize the qualification granted by any authority within the State which is recognized by the State Government in consultation with the State Council. The name of the authorities is recognized by the INC in Part-I of the schedule and the qualifications issued by such authorities are recognized qualifications. The name of the recognized authority has been mentioned in Part-I of Serial No.C-3 of the Orissa Nurses and Midwives Examination Board of the Schedule who will grant qualification. 20.In Section 10, nowhere it provides that the institution, which is imparting training, shall be recognized by the INC. Section 11 is regarding effect of recognition and a trainee who will obtain recognize qualification is entitled to enroll his name in any State register. 20.In Section 10, nowhere it provides that the institution, which is imparting training, shall be recognized by the INC. Section 11 is regarding effect of recognition and a trainee who will obtain recognize qualification is entitled to enroll his name in any State register. Section 13 stipulates regarding inspections by the Inspector appointed by the Executive Committee of the INC to inspect any institution recognized as a training institution and to attend examination held for the purpose of granting any recognized qualification or recongized higher qualification. Therefore, it can be concluded that any institution recognized as a training institution means the institution must be recongized by the State Government as a training institution. The Inspector will inspect only a recongized institution. Section 14 is regarding withdrawal of recognition in case the INC receives inspection report and the said report reveals that the courses of study, training and the examinations are not being followed and conducted by any authority in any State or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations. Further, an institution recognized by the State Council for training of nurses, midwives, auxiliary nurse-midwives or health visitors do not satisfy the requirements of the INC, it may send to the Government of the State in which the authority or institution, as the case may be, is situated a statement to such effect. Thereafter, the State Government shall forward the same along with such remarks as it may think fits to the authority or the institution concerned with an intimation of the period within which the authority or institution may submit its explanation to the State Government or the said explanation may be given to the State Council if the case was referred to State INC. On receipt of such explanation or if no explanation is submitted within the stipulated period, the State Government shall make its recommendation to the INC. On receipt of such explanation or if no explanation is submitted within the stipulated period, the State Government shall make its recommendation to the INC. After receiving such recommendation from the State Government, the INC will make further inquiry, if any, as it may think fit to make and after considering the remark which the State Council may have addressed to it, may declare that the qualifications granted by the authority concerned shall be recognized qualifications only when granted before a specified date and may declare any person holding a recongized qualification is only entitled to be registered within such State in which the institution is situated. 21.It can be presumed from the aforesaid provisions that in case the INC withdraws the recognition then the person holding the qualification is not entitled to register his/her name within the State and provide health service to the people of the State, unless if the said qualification was recognized by the State Council. 22.Annexure-7 of WP(C) No.1157 of 2012 (Netaji ANM Training Centre v. State and others) reveals that the State Government of Chhatisgarh has issued a Notification allowing the trainees to appear the ANM examination with a stipulation that if the institution has not obtained permission from the INC, in such event the pass out trainees will register their names within the State and they will provide services within the State. 23.In Writ Appeal No.41 of 2010 disposed of on 13.9.2011, a Division Bench of this Court held that the statutory provisions mandate the institution which is required to be established, to seek recognition an get recognition. 24.Learned counsel for the petitioner further submitted that since a Division Bench of this Court did not consider the above aspects of the Act, the same is distinguishable from the facts of the present case and the case of the petitioner is to be considered on its own facts and circumstances of the case. 25.In the present case, learned counsel appearing for the INC is not able to clarify whether the INC has formed the regulation as per the power conferred on it under Section 16(3) of the Act or it is a guidelines only regarding not to admit the students without obtaining permission from it. As per section 16(1)(g) and (h), the INC will only prescribe the syllabus and the minimum basic qualification for admission to the courses of training. As per section 16(1)(g) and (h), the INC will only prescribe the syllabus and the minimum basic qualification for admission to the courses of training. 26.Therefore, the said condition put by the INC is not in accordance with the Act, 1947 and it cannot grant permission only prospectively if any institution has already admitted the trainees, they are properly trained and the institution has been recognized by the State Council as the institution has obtained NOC from the State Government. Therefore, the trainees should be permitted or allowed to appear the examination after completion of the course and training. 27.Rule 4(ii) of the Orissa Nurses and Midwives Examination Board Rules (in short, “the Rules”) provides that there shall be an Inspection Sub-Committee of not less than two members to inspect approved training institutions and hospitals and also those seeking approval as training institution. Rule 31 stipulates functions of the Inspection sub-committee shall include, i.e., (a) Inspection of institutions and hospitals approved for conducting courses of training for certificate for Nurses, Midwives and Auxiliary Nurse-Midwives; (b) Inspection of institutions and hospitals seeking approval as training institutions for certificate for Nurses, Midwives and Auxiliary Nurse-Midwives; (c) Report to the Board as to the extent to which the conditions laid down in Appendix-G have been fulfilled in respect of the above institution and hospitals; and (d) Recommendations, if any, for their improvement. Rule 55 thereof provides that as Auxiliary Nurse & Midwife who wishes to qualify in General Nursing & Midwifery should be required; (i) to meet the minimum educational requirement for the course in General Nursing; (ii) to undergo training for 2 years in General Nursing and to pass in the prescribed examination. A Health Visitor who wishes to qualify in General Nursing would be required (i) to meet the minimum educational requirements for the course in General Nursing; (ii) to undergo training for 2 years in General Nursing and to appear at both the examinations, the first examination after completion of six months and the final examination at the end of two years and to pass the prescribed examinations. Rule 56 provides that a candidate who has taken her training in a centre affiliated to any State Nursing Council or Examining Body recognized by the Indian Nursing Council shall be allowed to take her examination under this Board provided she produces transfer certificate as authenticity for having undergone such training. Rule 56 provides that a candidate who has taken her training in a centre affiliated to any State Nursing Council or Examining Body recognized by the Indian Nursing Council shall be allowed to take her examination under this Board provided she produces transfer certificate as authenticity for having undergone such training. Rule 66 stipulates that there shall be two examinations for the Auxiliary Nurse-Midwife course, namely, first examination and final examination. A list of Auxiliary Nurse-Midwives qualified by these Examinations will be maintained by the Board. Rule 70 prescribes that a candidate who has taken her training in a centre affiliated to any State Nursing Council or Examining Body recognized by the Indian Nursing Council shall be allowed to take her examination under this Board provided she produces transfer certificate as authenticity for having undergone such training. Rule 72 provides that the list may be added to or modified from time to time on the recommendation of the Orissa Nurses & Midwives Examination Board. These institutions shall be inspected as and when necessary by the Inspection Sub-Committee as per Rule 31, who will report to the Board about particulars as laid down in Appendix-G. A hospital situated outside the State may be recognized by the Board for training purposes if it has been recognized by the corresponding statutory Examination Board of the State in which it is situated, provided there exists reciprocal recognition between this Board and the corresponding Examination Board outside. 28.The guidelines for starting a school of Nursing for conducting ANM/FHW Training, the Indian Nursing Council has made Syllabus and Regulations for Auxiliary Nurse and Midwives and published by in the Second Print 2009 (Fifth Revision) Copyright © 2004 by Indian Nursing Council which are extracted below : “1. Any organization under the Central Government, State Government, Local body or a Private or Public Trust, Mission, Voluntary registered under Society Registration Act or a Company registered under company’s act wishes to open and ANM Training School, should obtain the No Objection/Essentiality certificate from the State Government. 2. The Indian Nursing Council on receipt of the proposal from the Institution to start ANM training program, will undertake the first inspection to assess suitability with regard to physical infrastructure, clinical facility and teaching faculty in order to give permission to start the programme. 3. 2. The Indian Nursing Council on receipt of the proposal from the Institution to start ANM training program, will undertake the first inspection to assess suitability with regard to physical infrastructure, clinical facility and teaching faculty in order to give permission to start the programme. 3. After the receipt of the permission to start ANM training program from Indian Nursing Council, the institution shall obtain the approval from the State Nursing Council and Examination Board. 4. Institution will admit the students only after taking approval of State Nursing Council and Examination Board. 5. The Indian Nursing Council will conduct inspection every year till the first batch completes the programme. Permission will be given year by year till the first batch completes.” 29.In course of argument, learned counsel appearing for the INC also submitted that the INC by notification has issued a calendar of events for considering the proposal for opening of nursing institutions for academic year. The said calendar of event reveals that the submission of new proposal for any nursing programme with all requisite documents including application form, the process of file shall be filed from 1st October to 31st January. The processing of the file is to be made from 1st February to 15th March. The inspection of the institution is to be conducted from 15th March onwards and declaration of results for collegiate programme is 31st May and the declaration of result for school programme is 15th June. The students should be admitted only after the permission from INC, otherwise INC will not be responsible for the career prospectus of students admitted by the institution. However, it appears that the petitioner-institution has received the letter of permission to start ANM Course from 31st June, 2009. However, it is fairly submitted that sometimes due to inadequate members for inspection of the institution, the permission was granted at a latter date and the guidelines issued in 2001 by the INC has no statutory force as revealed from the additional affidavit filed by INC dated 12th April, 2012 showing the gazette notification without its date as per Annexure-R-2 and that gazette notification also does not contain that the students should be admitted after obtaining permission from the INC as the 2000 guidelines issued by the INC has no statutory force. Therefore, the same should not be a condition precedent to admit the students into ANM training institutions already established. Therefore, the same should not be a condition precedent to admit the students into ANM training institutions already established. 30.However, in the present case, the Act, 1947 has no such statutory provision that an institution has to obtain prior permission to establish ANM training institution. The decision reported in AIR 2007 SC 458 (Minor Sunil Oraon Tr. Guardian & others v. C.B.S.E. and others) referred in Writ Appeal No.41 of 2010 is also not applicable to the present case for the aforesaid reasons as the apex Court has deprecated time and again regarding the practice of educational institution admitting students without requisite recognition or affiliation. 31.The decision reported in (2012) 2 SCC 425 (Adarsh Shiksha Mahavidyalaya and others v. Subhash Rahangdale and others) is regarding permission/recognition for establishing a new educational institution and the admission of students dehors prescribe procedure is not permissible and not applicable to the present case in the absence of statutory provisions for the reasons stated in the above paragraphs. Further affiliation/recognition/permission to teachers’ training institutions under NCTE Act, order granting recognition/permission shall operate prospectively. 32.In the present case, since the petitioners institution have already obtained NOC from the State Government from the year 2006, there is no bar for the petitioners institution to admit the trainees and allow them to appear the examination after completion of such training courses. 33.Learned counsel for the petitioner submits that as per section 5 of the Orissa Education Act, 1969, no private educational institution shall be established except in accordance with the provisions of the Act and the Rules made thereunder. Any person or body of persons intending to establish a private educational institution has to obtain prior permission from the prescribed authorities. Similar provision has not been provided under the Act, 1947; rather the certificate issuing authority is only to be recognized to issue certificate to the trainees after completion of the training programme in case they pass out successful in the examination for the said purpose. Therefore, the contention of the INC to obtain prior permission before admitting the trainees in the institution without any provisions in the said Act is not sustainable. The decisions referred to by them are not applicable to the present case in the absence of the statutory provisions. Therefore, the contention of the INC to obtain prior permission before admitting the trainees in the institution without any provisions in the said Act is not sustainable. The decisions referred to by them are not applicable to the present case in the absence of the statutory provisions. 34.It is further submitted by the petitioners that when affiliation was granted in the month of June, 2009 to other training centres, there was no justification on the part of the opposite parties to sit over the matter in the case of the petitioner-institutions and when the matter stood thus, notification for examination was issued. Finding no other alternative, the petitioners have approached this Court in the aforesaid writ petitions. 35.The petitioners’ institutions have already obtained NOC, admitted the trainees and they have already completed such training successfully. The need of the hours is that the State is to provide health care. The people have the fundamental rights to live under Article 21 of the Constitution of India which also covers right to access the health care. Right to live necessarily means “right to live healthy and get the health care also”. Access to health care means to remove all barriers which impede access to health care. 36.In view of the discussions made in the foregoing paragraphs and the observations made by a Division Bench of this Court in Writ Appeal No.41 of 2010 and since the petitioners’ institutions have already obtained NOC from the State Government, this Court directs Opposite Party No.3-Secretary-cum-Registrar, Orissa Nurses and Mid-wives Counselling and Examination Board, to hold the Board Examination for A.N.M. Training Courses for the sessions 2006-2007, 2007-2008, 2008-2009 and WP(C) No.825 & 826 of 2012 for the session 2009-2010 within a period of one month from the date of communication of this order and those students who would come out successful in the said examination shall be issued certificates and registration numbers to serve the people of the State in the larger interest of the Society. The writ petitions are accordingly allowed. Petitions allowed.