JUDGMENT :

S. RAVINDRA BHAT, J.

Brief Facts

1. With consent of counsel for parties, the appeals were heard finally.

2. The appellants, who are registered Auxiliary Nurse Midwives (hereafter “ANM”) complain that the Uttarakhand High Court’s ruling¹ [By judgment dated 7th July, 2017 in Special Appeal No. 156, 143, 150/2017 and other connected appeals and writ petitions] regarding their ineligibility for appointment to the cadre of Family Health Worker (hereafter “FHW”), Auxiliary Nurse-Midwives (hereafter “ANM”) and Health Supervisor (hereafter “HS”) is erroneous. The Government of Uttarakhand had advertised on 15.03.2016, 440 vacancies of FHW (Female) and ANM, relative to several years’ backlog. The advertisements were challenged as being contrary to the recruitment rules; the challenge was upheld by a single judge (who allowed the writ petitions) and whose decision was affirmed by the impugned judgment.

3. The erstwhile United Provinces enacted a law, brought into force w.e.f. 25.08.1934 (hereafter called “the U.P. Law”)² [United Provinces Nurses, Midwives, Assistant Midwives (Auxiliary Nurse-Midwives and Health Visitors) Registration Act, 1934]. The object of the U.P. Law was to provide for registration of nursing profession. The U.P. Law was later amended and a definition of Auxiliary Nurse-Midwife was inserted.

4. With effect from 31.12.1947, the Indian Nursing Council Act, 1947 (hereafter called “the INC Act”) was brought into force. Its objective was to set up a Central Council (hereafter “the council”) to establish a uniform standard of training for nurses, midwives and health visitors. Section 16 of the INC Act enables the council to prescribe curricula for training and conditions for admission; Section 10 of the Act enacted that qualifications included in Part I of the Schedule shall be recognized qualifications and the qualifications included in Part II of the Schedule shall be recognized higher qualifications. The text of the provision is extracted in the footnote below.³ [“10. Recognition of qualifications:

(1) For the purposes of this Act, the qualifications included in 1 of the Schedule shall be recognised qualifications, and the qualifications included in Part II of the Schedule shall be recognised higher qualifications.

(2) Any authority within the States which, being recognised by the State Government in consultation with the State Council, if any, for the purpose of granting any qualification, grants a qualification in general nursing, midwifery, auxiliary nursing-midwifery, health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and the Council may declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised qualification for the purposes of this Act.

(3) The Council may enter into negotiations with any authority in any territory of India to which this Act does not extend or foreign country which by the law of such territory or country is entrusted with the maintenance of a register of nurses, midwives or health visitors; for the settling of a scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme the Council may declare that a qualification granted by any authority in any such territory or country, or such qualification only when granted after a specified date, shall be a recognised qualification for the purposes of this Act.

Provided that no declaration shall be made under this sub-section in respect of any qualification unless by the law and practice of the foreign country in which the qualification is granted persons domiciled or originating in India and holding qualifications recognised under this Act are permitted to enter and practice the nursing profession in that country:

Provided further that:

(i) any reciprocal arrangements subsisting at the date of the commencement of this Act between a State Council and any authority outside India