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2017 DIGILAW 2812 (RAJ)

Kamaksha Institute of Nursing v. State of Rajasthan

2017-12-18

NIRMALJIT KAUR

body2017
JUDGMENT : Nirmaljit Kaur, J. 1. All the above mentioned writ petitions shall stand decided by this common order as the issue involved therein is identical. 2. The present writ petitions have been filed by the petitioner institutions seeking permission to allow the students to take admission in G.N.M. Program in their institutions on the basis of recognition granted by the Rajasthan Nursing Council. The petitioner-institutions were forced to file the present writ petitions as no permission was granted by the Indian Nursing Council. 3. An objection was raised that a Nursing Institution in the country has been clearly spelled out by the issuance of Regulation under the provisions of Indian Nursing Council Act. As per the Regulations, any person desirous of opening a Nursing Institution in the country has to first apply to the State Government for issuance of an Essentiality Certificate and thereafter, apply to the Indian Nursing Counsel for approval/recognition. Further, the approval of all these organizations is must. 4. In all the above mentioned writ petitions except Writ Petition Nos. 15233/2016 and 13948/2015, the names of the petitioner institutions were allowed to be included in the counseling for admission to G.N.M. Course and since then, they are continuously making the admissions under the interim directions issued by this Court from time to time. 5. It is not disputed that the issue involved in the present case is no more res-integra in view of the judgment rendered by the High Court of Karnataka at Bengaluru in the case of Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & Ors. v. Union of India & Ors. (Writ Petition Nos. 25355-25357/2017) & other connected petitions decided on 24.07.2017 vide which it was held that the Indian Nursing Council has no authority to grant recognition to the institutions imparting Nursing courses. The Indian Nursing Council was further restrained from publishing on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition from the Indian Nursing Council. It was further directed that the Indian Nursing Council shall withdraw all such materials published on its website. The judgment rendered by the learned Single Bench of the High Court of Karnataka at Bengaluru was challenged before the learned Division Bench. The learned Division Bench while considering the appeal against the order of the learned Single Bench passed the following interim order :- "9. ......... The judgment rendered by the learned Single Bench of the High Court of Karnataka at Bengaluru was challenged before the learned Division Bench. The learned Division Bench while considering the appeal against the order of the learned Single Bench passed the following interim order :- "9. ......... Therefore, we are of the view that the learned Single Judge was fully justified in taking the view that it is not obligatory to obtain recognition or approval from the Nursing Council of India and quashing the communication Annexure-E. Therefore, when the law does not require the Institutions to seek recognition or approval from the Nursing Council of India, even if the respondent-College has made an application seeking recognition from Nursing Council of India, it will not affect its right to continue to exist as a Nurses' Training Institution so long as the recognition granted by the State Council under the Provisions of the Nurses Act and also by the Rajiv Gandhi University Act, is not withdrawn....... " 6. However, the Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & others filed the Civil Appeal Nos. 12759-12761 of 2017 (S.L.P. (Civil) Nos. 23346-23348 of 2017) against the said interim order passed by the learned Division Bench. The Apex Court vide Order dated 11.09.2017 allowed the appeals and set aside the interim order passed by the learned Division Bench and confirmed and restored the order passed by the learned Single Bench of the High Court of Karnataka at Bengaluru by observing in Para 4 of the said order as under :- "4. We are of the view that the two parts of the learned Single Judge's order are inextricably inter connected. Once it is declared that the Indian Nursing Council, Respondent No. 2 has no authority to grant recognition to the Institutions imparting Nursing Course it must follow that the Respondent No. 2 is, therefore, restrained from publishing on its website, the material that are indicated. We are, therefore, of the view that the interim order passed by the Division Bench must be set aside and the order of the learned Single Judge restored." 7. Thereafter, the Division Bench of the High Court of Bombay Bench at Aurangabad in the case of Private Nursing Schools and Colleges Management Association v. Union of India & Ors. We are, therefore, of the view that the interim order passed by the Division Bench must be set aside and the order of the learned Single Judge restored." 7. Thereafter, the Division Bench of the High Court of Bombay Bench at Aurangabad in the case of Private Nursing Schools and Colleges Management Association v. Union of India & Ors. (Writ Petition No. 11260 of 2017) while following the judgment rendered by the learned Single Judge of the High Court of Karnataka at Bengaluru as well as the order passed by the Apex Court in the case of Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & others (supra) too allowed the writ petition vide Order dated 09.10.2017 by holding in no uncertain terms that the Indian Nursing Council has no authority to grant recognition to the institutions imparting nursing training and that the Indian Nursing Council is prohibited from publishing on its website, material indicating that the institutions imparting nursing course in the Maharashtra State shall have to obtain recognition from it. 8. At this stage, learned counsel for the respondent - Indian Nursing Council submitted that the directions of the learned Division Bench of the High Court of Bombay at Aurangabad in the case of Private Nursing Schools and Colleges Management Association (supra) in Para 25 that the State Council and Health University who published on its website that the degrees and diploma awarded by such institutions shall have applicability only in the State and the candidates receiving such degree or diploma would be entitled to practice within the State only and that the same shall also be mentioned in the diploma and degree certificates awarded by the institutions and the Universities in this regard as per the order passed by the High Court of Bombay Bench at Aurangabad in Writ Petition No. 11260/2017 be also incorporated. However, this Court is not inclined to pass any such order inasmuch as the judgment rendered by the learned Single Bench of High Court of Karnataka at Bengaluru in the case of Karnataka State Association of the Management of Nursing and Allied Health Science Institutions (supra) was upheld by the Apex Court in Civil Appeal Nos. 12759-12761 of 2017. There was no such direction in the said order. 12759-12761 of 2017. There was no such direction in the said order. Moreover, it is brought to the notice of this Court that the said directions passed by the High Court of Bombay Bench at Aurangabad in the case of Private Nursing Schools and Colleges Management Association (supra) is already stayed by the Apex Court vide Order dated 04.12.2017 passed in S.L.P. (C) No. 32603/2017 (Private Nursing Schools and Colleges Management Association v. Indian Nursing Council & Ors.) as under : "There shall be stay on that part of paragraph 25 of the impugned order which states that the right to practice can only be confined to the State." 9. In view of the above admitted position, all the above mentioned writ petitions are allowed. The petitioner institutions are not required to obtain recognition from the Indian Nursing Council as the Indian Nursing Council has no authority to grant recognition to the institutions imparting nursing training such as Auxiliary Nurse and Midwife Course (ANM), General Nursing and Midwifery (GNM), Bachelor of Nursing (B.Sc.), Post Basic Bachelor of Nursing (P.B.B. Sc.) and Master of Nursing (M.Sc.). 10. However, it is clarified that the admission of such students who were admitted in pursuance to the interim orders of this Court on various occasions shall be regularized and they shall be allowed to take their examinations in case, they are otherwise eligible.