JINCY JOY Vs. INDIRA GANDHI NATIONAL OPEN UNIVERSITY

JUDGEMENT

(1.) Noticing that as against more than two lakhs registered nurses in the counter, there were only nine programmes (Post Basic B.Sc. Nursing), graduating 140 per year and further noticing the acute shortage of teachers, administrators, supervisors at all levels of teaching, administration, supervision and practice and realizing that it was neither financially nor administratively feasible to start new colleges/structured programmes, the respondent-Indian Nursing Council suggested starting in-service Post Basic B.Sc. (Nursing) course at Indira Gandhi National Open University (hereinafter referred to as "the University"). The Council suggested starting personal contact programmes at various centres of the said University.

(2.) Vide letter dated 6.4.1994 the Council informed the University that three years Post Basic B.Sc. (Nursing) Programme at IGNOU was approved by the Council in its General Body Meeting held on 17.2.1994 and the University may take the said course for notification by Pubjab Nursing Registration Council. Vide letter dated 3.8.1999, the Council informed the University that under the provisions of Section 13 of the Act a team of Inspectors would inspect their Nursing Institute on the dates mentioned in the programme attached to the letter. On receipt of the said letter, the Director, School of Health Sciences of the University informed the Programme In-charge of IGNOU study centre at Safdarjung Hospital that the said Centre shall be visited on 18.8.1999. Vide Resolution No. 72/2000, the Council, in pursuance of the provisions of sub-section (2) of Section 13 of Indian Nursing Act, 1947 declared that the Post Basic B.Sc. (Nursing) course conducted by the University was an approved course of study for admission to an approved examination for the said course. The number of students to be admitted to the said course was 25-30 admissions to each centre. A certificate dated 02.06.2000 was issued by the Council in this regard and the said certificate was valid for a period of 03 years from the date of the meeting of the Council or till next inspection.

(3.) The first inspection of the programme study centres at the University was carried out between 16 to 20.08.1999 and according to the University at that time it had as many as 21 programme study centres, out of which 06 centres were selected by the Council for inspection on cross-sectional basis. According to the University, based on the cross sectional inspections, notification dated 02.06.2000 was issued by the council. Vide letter dated 27.12.2006, the Council requested the University to send inspection fee in respect of each Study Centre so that it could organize inspection accordingly. Responding to the said communication, the University vide letter dated 30.03.2007 sent a cheque of Rs 5 lakh towards inspection fee initially for 10 programme study centres and promised to send later, the inspection fee for the remaining centres. It was also informed that as many as six centres, mentioned in the letter, had already been inspected. Vide communication dated 21.05.2008, the University sent a demand draft of Rs 8 lakh to the Council towards inspection fee for the remaining centres, names of which were given in the letter. It appears that out of 26 centres for which inspection fee was paid by the University, 14 centres were inspected by the Council.