INDIAN NURSING COUNCIL Vs. KAMAKSHA INSTITUTE OF NURSING

JUDGEMENT

(1.) The question which the Indian Nursing Council (hereinafter referred to as "INC") urged before this Court in this appeal against the order of the learned Single Judge with respect to the provisions of the Indian Nursing Council Act, 1947. The learned Single Judge has observed that the students should be admitted in the GNM Programme, on the basis of recognition granted by the Rajasthan Nursing Council (hereinafter referred to as "State Council"). It is stated that INC had disapproved and included the writ-petitioner in a list of derecognized institutions.

(2.) Based upon the decision of Karnataka High Court in Karnataka State Association of the Management of Nursing and Allied Health Sciences Institutions and Ors. v. Union of India and Ors. [Writ Petition Nos. 25355-25357/2017 and other connected petitions, decided on 24.07.2017], it was held that the INC does not possess the power to grant recognition. The Single Judge also relied upon the decision of the Bombay High Court at the Aurangabad Bench in Private Nursing Schools and Colleges Management Association v. Union of India and Ors. [Writ Petition No. 11260/2017, decided on 09.10.2017]. The appellant-INC before us referred to the provisions of the Act and urged that the position of law taken by the learned Single Judge is erroneous. Learned counsel for the appellant-INC relied upon Sections 10, 13 and 14 of the Act and stated that the INC has a wide range of powers and the same enable it to inter alia conduct inspections, wherever necessary, of the derecognized institutions. It is also highlighted that wherever de-recognition process is initiated, check in compliance is existed in that State Council, has also to be taken into confidence. Based upon the inputs and reports, the Central Council has taken its final decision on 26.07.2016. It is emphasized that by virtue of Section 15, a decision to withdraw the recognition granted to the Institution would result in derecognition of the qualification, vis-a-vis the entire country except the State where the appropriate Council grants recognition, to the extent it continues.

(3.) The decision of the Bombay High Court at Aurangabad Bench in Private Nursing Schools and Colleges Management Association (supra) had considered a Full Bench ruling of the Kerala High Court in K. Velayudhan Memorial Trust v. State of Kerala and Ors. [WA No. 796/2010, decided on 08.06.2010]. The Full Bench of Kerala High Court had occasion to consider the view of a learned Single Judge. The Court, after noticing the controversy and the provisions of the Act, quoted the formulation of the learned Single Judge and his approval in the following terms:-