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2022 DIGILAW 924 (GAU)

Zion Institute of Nursing (Zion) Nirjuli represented by its Chairman Shri James Techi Tara, S/o. Late Techi Bapi v. Secretary Indian Nursing Council

2022-08-24

A.M.BUJOR BARUA

body2022
JUDGMENT : 1. Heard Mr. T. T. Tara, learned counsel for the petitioner and also heard Mr. T. Tagum, learned Standing Counsel, Health Department representing the respondents No. 2 to 7. None appears for the respondent No. 1. 2. We have taken note of certain communication by the Indian Nursing Council, in respect of the subject matter involved in this writ petition. The petitioner namely the Zion Institute of Nursing (ZION) at Nirjuli, is an institution imparting education in Nursing Courses which includes the B.Sc Nursing and the General Nursing Midwifery (GNM). For imparting the aforesaid education courses, there is also a requirement of having practical training being imparted for which the institute concerned is to be affiliated or must have some arrangement with the establishment of a medical hospital. 3. Four communications were being made by the Arunachal Pradesh Nursing Council dated 11.08.2021, 01.11.2021, 27.12.2021 and 21.02.2022, expressing their apprehension that the petitioner institute does not have the required facility for imparting their courses and therefore, the intake of students was sought to be restricted to 60 students for the B.Sc. Nursing course and 50 students for the GNM course for the academic session 2021-22. But according to the petitioner they have already admitted 60 students for both the B.Sc. Nursing course as well as for GNM course and in fact some of the internal examinations in furtherance of the courses have also been completed. Therefore, at this stage, if the stipulation of the Arunachal Pradesh Nursing Council is to be followed, that is, to restrict the number of students of the GNM course to 50, there would be a disruption in the course of the GNM offered by the petitioner institute, and there would be a requirement of 10 students to discontinue the course. In the aforesaid circumstance the letter dated 11.08.2021, 01.11.2021, 27.12.2021 and 21.02.2022, of the Arunachal Pradesh Nursing Council are assailed in this writ petition. 4. We have taken note of the minutes of meeting dated 10.08.2021, under the chairmanship of Dr. Reto Doye, Director of Medical Education, Training & Research, Naharlagun, wherein, the Registrar of the Arunachal Pradesh Nursing Council was also a member. 4. We have taken note of the minutes of meeting dated 10.08.2021, under the chairmanship of Dr. Reto Doye, Director of Medical Education, Training & Research, Naharlagun, wherein, the Registrar of the Arunachal Pradesh Nursing Council was also a member. The meeting took note of the stipulation of the Indian Nursing Council that the ratio of students for imparting the practical has to be 1:3, that is, for every 3(three) bed available in the affiliated hospital there would be 1(one) student. 5. The petitioner has produced the relevant document to show that they have an arrangement/affiliation with the Tomo Riba Institute of Health & Medical Science (TRIHMS), for imparting the practical education. But the minutes of the meeting dated 10.08.2021 takes note that the TRIHMS has 300(three hundred) beds and therefore, the maximum student intake could be 100(hundred). The minutes of the meeting also take note that the TRIHMS also has an arrangement with the Government B.Sc Nursing College in respect of 30 students. 6. The petitioner Zion Institute of Nursing (ZION) at Nirjuli, had already made arrangement for practical education in the TRIHMS for 60(Sixty) students for the B.Sc. Nursing course and therefore, going by the ratio of 1:3, only 10 more students can be accommodated for imparting the practical education. According to the Arunachal Pradesh Nursing Council, it is for this reason that they are apprehensive of allowing 60(Sixty) students in the GNM course of the petitioner institute. 7. Mr. T. T. Tara, learned counsel for the petitioner has referred to the “In Patient, Out Patient, Deliveries and Operation Statistics” of the Medical Department of the TRIHMS which shows that the total number of beds available in the TRIHMS is 382(three hundred and eighty-two). Further, TRIHMS has an average OPD patient of 1035(one thousand thirty-five) per day, and the number of delivery patients of 3609 (three thousand six hundred nine) in a year. By referring the aforesaid figures, a submission is made and as the intake capacity of the TRIHMS is much more than 300(three hundred) beds, therefore, there is a possibility that more number of students can be accommodated for the practical training. 8. By referring the aforesaid figures, a submission is made and as the intake capacity of the TRIHMS is much more than 300(three hundred) beds, therefore, there is a possibility that more number of students can be accommodated for the practical training. 8. We have also taken note of the communication dated 03.03.2022, from the Indian Nursing Counsel addressed to the Principal of Zion Institute of Nursing (ZION) at Nirjuli, wherein, by referring to the inspection made from 27.01.2022 to 29.01.2022, the intake capacity of 60(sixty) students for the academic sessions 2021-22 for the B.Sc. Nursing course was approved. As the Indian Nursing Council has also not raised any objection and considering the 60(sixty) students are already pursuing the GNM course in the petitioner institute, namely, the Zion Institute of Nursing (ZION) at Nirjuli, if at this stage the number of students are required to be reduced to 50(fifty), at least 10(ten) students of the GNM would have to forego the course from the petitioner institute. Secondly, the apprehension of the Arunachal Pradesh Nursing Council can also be mitigated to certain extent from the information made available that the intake capacity of the TRIHMS is more than the 300(three hundred) beds referred in the minutes of the meeting. 9. Considering both the aspect and also considering that the career of the students would suffer and secondly, that the intake capacity of the TRIHMS is higher than what was taken note in the minutes of meeting as stated above, we direct the Director of Medical Education, Training & Research, Naharlagun, to convene a fresh meeting of the committee to take a decision in respect of the 60(sixty) students undertaking the GNM course in the petitioner institute Zion Institute of Nursing (ZION) at Nirjuli. By doing so, the interest of the students would be taken care of, and the requirement of maintaining the ratio provided by the Indian Nursing Council would also be satisfied. We take note that there is no objection being raised by the Indian Nursing Council in respect of the 60 Nos. of students in the GNM course in the petitioner ZION institute and the intake capacity of the TRIHMS is also more than what was taken note earlier. 10. Accordingly, the committee may take an appropriate decision on this matter. We take note that there is no objection being raised by the Indian Nursing Council in respect of the 60 Nos. of students in the GNM course in the petitioner ZION institute and the intake capacity of the TRIHMS is also more than what was taken note earlier. 10. Accordingly, the committee may take an appropriate decision on this matter. If, the petitioner institute Zion Institute of Nursing (ZION) at Nirjuli, had exceeded the intake capacity of the students, the Arunachal Pradesh Nursing Council and the petitioner institute may arrive and confer within themselves to ensure that the intake of number of students does not exceed the permissible limit of the GNM course for the forthcoming years, and as for the year 2021-22 the intake of 60 (sixty) students had already taken place, the career of the students may not be jeopardised. The decision to be taken in the meeting of the committee shall supersede all other prior decision as well as the communication letters dated 11.08.2021, 01.11.2021, 27.12.2021 and 21.02.2022, of the Arunachal Pradesh Nursing Council. 11. The writ petition is disposed of as indicated above.