A.SANKARESWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Certiorari to quash the Government Order in G.O.(D)No.928, Health and Family Welfare (Z1) Department, dtd. 21/4/2017 issued by the second respondent.

(2.) The brief facts that are leading to the above Writ Petition are as follows:

(3.) The learned counsel appearing for the petitioner submitted that the power to recognise the qualification is vested only with the Indian Nursing Council under Sec. 10 of the Indian Nursing Council Act, 1947 and in the Central Government which is empowered to amend the schedule of recognised qualifications under Sec. 15 of the Act. Hence, it is submitted that the impugned Government Order is without jurisdiction. It is further stated that the Indian Nursing Council was constituted to establish a uniform standard of education/training for nurses, midwives and health visitors and that the said legislation falls under entry 66 of the Union List and that the State Government has no legislative competence nor executive power to confer a qualification which can be recognised only by the Indian Nursing Council in exercise of its power under the Central Act.