JUDGMENT : 1. Heard learned counsel for petitioner, Sri Gyanendra Kumar Srivastava, learned counsel for respondent no.2 & 3 and learned Standing Counsel for the State. 2. Petitioner has approached this Court for quashing of the impugned order dated 12.05.2023 (Annexure-1) passed by the “Uttar Pradesh Nursing and Midwives Council” (hereinafter to be referred as “the Council”), whereby the petitioner’s registration has been refused by the Council on the sole ground that allegedly the institution from where she completed her Diploma Course in General Nursing & Midwifery i.e Sitaram College of Nursing, Khop, Chhatarpur, M.P., is not mentioned in the list of recognized institution of the Indian Nursing Council, New Delhi. A consequential prayer for direction to the Council for granting her registration has also been sought by the petitioner in the present writ petition. 3. Admittedly, the petitioner had pursued a Course of Diploma in General Nursing and Midwifery (three years course) from Sitaram College of Nursing, Khop, Chhatarpur, M.P. during the educational session 2018-19 to 2020-21. The petitioner claims that the said Institution is recognized by the Madhya Pradesh Nursing Council, Bhopal under the provisions of Madhya Pradesh Nursing Shikshan Sansta Manyta Niyam, 2018 and as such after completion of her course she got herself registered with the Nursing Registration Council, Madhya Pradesh vide registration No. V-88422. 4. It is the case of the petitioner that she is a resident of District-Hamirpur, Uttar Pradesh and wished to practice nursing in the State of Uttar Pradesh and for that purpose, had applied for her registration, with the U.P Nurses & Midwives Council, Lucknow, wherein the authorities advised her to obtain a “No Objection Certificate” (NOC) from the Nursing Registration Council, Madhya Pradesh. Although the said NOC was obtained by the petitioner and was also sent to the Council vide M.PN.R.C/NOC/3792 dated 16.03.2023, however, apparently it seems the said NOC did not find any favour with the “Uttar Pradesh Nursing and Midwives Council” as the Council refused to oblige the petitioner by giving the registration and instead vide the impugned letter dated 12.05.2023 addressed to the Registrar, Madhya Pradesh Nursing Registration Council and a copy marked to the petitioner, informed that her registration was being refused on the ground that the name of the Institution from where she completed her diploma does not finds any mention in the list of recognized institution of the Indian Nursing Council, New Delhi. 5. 5. Section 10 of Indian Nursing Council Act, 1947 provides :- "10 Recognition of qualifications:-(1) for the purposes of this Act, the qualifications included in [Part I of] the Schedule shall be recognised qualifications, and the qualifications included in part II of the Schedule shall be recognised higher qualifications. (2) Any Authority with 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 mid-wifery] 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 recognized qualification for the purposes of this Act. 6. Thus, apparently Section 10(2) of the Act provides that the respective State Council have been empowered to grant recognition to the qualification for the purposes of the Indian Nursing Council Act, 1947. The said position of law is also clear from letter 9th of December, 2020, wherein it has been declared that the power to grant recognition to nursing Institutions vest with the State Nursing Councils. 7. Further, any institution is required to be recognized by the respective State’s Nursing Council and not the Indian Nursing Council as is apparent from a reading of Section 10(2) of the Indian Nursing Act as well as the judgment and order dated 22.01.2019 of the Hon’ble Apex Court passed in Civil Appeal no. 958 of 2019 (Private Nursing Schools and College Management Association V/s the Indian Nursing Council and Others), wherein the Hon’ble Supreme Court referred to Sections 10,11,12,13 and 14 of the Indian Nursing Council Act, 1947 and held as follows: “We may indicate that Section 14 deals with withdrawal of recognition which is a stage which has not yet been reached on the facts of this case. We, therefore, declare that consistent with their fundamental right under Article 19(1)(g) of the Constitution of India, to practice their occupation throughout the territory of India, legislation in the form of the Nursing Council Act of 1947 has not restricted nor does it purport to restrict their practice of nursing once a Degree or Diploma is granted by the State Authority to that State only.” 8. Along with the counter affidavit, the learned Counsel for the respondent has filed a document marked as Annexure CA-6, which is a print out of the list filed by the U.P. State Nurse and Midwives Council, Lucknow relating to the withdrawal of recognition under Section 14 of Indian Nursing Council Act, 1947. In the said list, name of Sitaram College of Nursing, Khop, Chhatarpur, M.P. is placed at Serial No.99 which shows that the recognition is withdrawn w.e.f. 23.2.2023. It has been contended by the learned Counsel that recognition of the Institute from where the petitioner completed her Course has been withdrawn with effect from 23.02.2023. However, this Court finds that the said Institute was duly recognized by the competent authority during her educational session 2018-19 to 2020-21, which led to not only completing her Course of Nursing and Midwifery successfully, but also enabled her to get herself registered with the Madhya Pradesh Nursing Council, Bhopal on 14.10.2021. The recognition of the Sitaram College of Nursing was withdrawn by the Indian Nursing Council only on 23.02.2023, which is a period much later than when the petitioner had been in the said Institution. Thus, admittedly, on the relevant date, petitioner's college was duly recognized by the Madhya Pradesh Nursing Council, Bhopal and any de-recognition of the institute at a subsequent period, cannot have any negative impact on the validity of the course completed by the said institute, when it was very much recognized. 9. Therefore, this Court is of the view that since on the date petitioner got her certificate, the institution was registered by the M.P. Nursing Council, Bhopal and it was a recognized institution as per Section 10 (2) of Indian Nursing Council Act, 1947 as quoted above and as such the communication dated 01.02.2023 received by the U.P. State Nurses and Midwives Council, Lucknow from the Indian Nursing Council cannot be allowed to be sustained in the eyes of law. 10. As a sequel to the above, the impugned order dated 12.05.2023 is hereby quashed. The U.P. State Nurses and Midwives Council, Lucknow is hereby directed to grant registration of the petitioner, if otherwise, found in order as per the rules. 11. 10. As a sequel to the above, the impugned order dated 12.05.2023 is hereby quashed. The U.P. State Nurses and Midwives Council, Lucknow is hereby directed to grant registration of the petitioner, if otherwise, found in order as per the rules. 11. Needless, to say, the aforesaid exercise shall be completed by the respondents within a period of two weeks from the date a certified copy of this order is duly served on the U.P. State Nurses and Midwives Council, Lucknow. 12. With the aforesaid, the writ petition is allowed.