ZAKIR HUSSAIN EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is contended by the learned Advocate for the petitioners that, the petitioners in all these writ petitions are issued with the Essentiality Certificate by the State Government. The Essentiality Certificate is acted upon. The permission is also granted by the Maharashtra Nursing Council (MNC) at the relevant time. Pursuant thereto, all these institutions have started the course of RANM/RGNM. Only because the permission of the Indian Nursing Council was insisted, the course could not be continued further after 2016-17.

(2.) Mr. Thombre, the learned counsel for the petitioners submits that, this court in Writ Petition No.11260 of 2017 under its Judgment and Order dated 09.10.2017 has held that, it is not necessary to obtain the permission of the Indian Nursing Council.

(3.) Mr Thombre, the learned counsel for the petitioners submits that, once the Essentiality Certificate has been granted and the same is acted upon, the permission is granted by the MNC, it is not necessary to obtain fresh Essentiality Certificate. From the year 2018-2019 in place of Maharashtra Nursing Council, the Board of Nursing and Para Medical Education came into existence (hereinafter referred to as the "Board"). It will not be necessary for the petitioner to again obtain the permission from the Board. The learned counsel further submits that, the insistence of the Board to obtain the fresh permission if the permission is not obtained from the Indian Nursing Council before 2017, is erroneous. The same would not be in conformity with the Judgment of the Division Bench of this Court in Writ Petition No. 11260 of 2017. The learned counsel for the petitioners does not dispute that, the petitioners are required to obtain affiliation from the Board every year. The learned counsel submits that, all these petitioners have paid the affiliation fees to the Board. The inspection has been carried out pursuant to the interim orders of this Court. In view of that, the respondents be directed to grant affiliation to the petitioners and the petitioners be allowed to admit the students.