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2017 Supreme(Bom) 1612

R.M.BORDE, VIBHA KANKANWADI
Private Nursing Schools and Colleges Management Association, Through its President, Dr. Balasaheb – Appellant
Versus
Union of India Through its Secretary Ministry of Health and Family Welfare – Respondent


Advocates Appeared:
For the Petitioner:P.M. Shah, Senior Counsel instructed by S.P. Shah, V.D. Hon, Senior Counsel instructed by A.V. Hon, Aadvocate.
For the Respondent:V.S.R. Krishna alongwith Mr. Alok Sharma, Bhushan Kulkarni, Standing Counsel, S.P. Sonpawale, A.G.P., C.A. Jadhav, Anandsingh Bayas, M.D. Narwadkar, Advocates.

JUDGMENT :

R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the respective parties.

2. Parties are referred to as per their status in Writ Petition No. 11260/2017.

3. Petitioner is a public trust registered under the provisions of Societies Registration Act as well as Maharashtra Public Trust Act, 1950. The President of petitioner-trust has been authorised to present the petition by the trust.

4. Petitioner registered management association consists of membership of about 400 schools and colleges those are active in imparting training to the nursing students and conducting private nursing schools and colleges. The private schools and colleges are situate in the entire State of Maharashtra. Petitioner-association is praying for issuance of declaration that the Indian Nursing Council respondent no. 5 has no authority to grant recognition to the institutions imparting nursing courses such as Auxiliary Nurse and Midwife course (ANM), General Nursing and Midwifery (GNM), Bachelor of Nursing (B.Sc.), Post Basic Bachelor of Nursing (P.B.B.Sc.) and Master of Nursing (M.Sc.). Petitioner is also praying for issuance of writ of prohi



































































































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