DIRECTOR OF MEDICAL EDUCATION AND TRAINING Vs. ACHARYA HARIHAR AUXILIARY NURSING MIDWIFERY TRAINING SCHOOL

JUDGEMENT

(1.) This writ appeal is directed against the order dated 05.01.2012 and the modified order dated 10.01.2012 passed by the learned Single Judge in Misc. Case No. 20463 of 2011 and Misc. Case No. 401 of 2012 arising out of W.(C) No. 27972 of 2011 urging various facts and legal contentions.

(2.) The ground of attack in this writ appeal is with regard to the interim direction issued vide order dated 05.01.2012 in Misc. Case No. 20463 of 2011 and the modified order dated 10.01.2012 passed in Misc. Case No. 401 of 2012 arising out of W.P.(C) No. 27972 of 2011. In the impugned order dated 05.01.2012 it is directed that let the students of 2009-2010 batch of the petitioner-institution fill up their forms for the ensuing examination which is going to be held on 30th January, 2012 but their result shall not be declared without leave of this Court. It is submitted that the said interim order passed in exercise of discretionary power during pendency of the writ petition filed by respondent No. 1 therein, is bad in law for the reason that no recognition has been obtained by respondent No. 1 as required under Section 10 of the Indian Nursing Council Act, 1947 (for short, "INC Act") and Rules/Regulations framed thereunder. There is also no recognition for admission of the students into ANM course by the institution. Therefore, the impugned orders are totally illegal.

(3.) Mr. R.C. Mohanty, learned Standing Counsel appearing for the appellant places strong reliance upon a catena of decisions of the Hon'ble Supreme Court in the cases of Nageshwaramma State of Andhra Pradesh and another, AIR 1986 SC 1188; State of Maharashtra v. Vikas Sahebrao, Roundale, AIR 1992 SC 1926; Guru Nanak Dev University v. Parminder Kr. Bansal, AIR 1993 SC 2412; St. John's Teacher Training Institute (for women), Madurai v. State of Tamilnadu and others, AIR 1994 SC 43; Regional Officer, CBSE v. Ku. Sheena Peethambaran, (2003) 7 SCC 719 and Minor Sunil Oraon Tr. Guardian and others v. C.B.S.E. and others, AIR 2007 SC 458.