The main legal point established in the judgment is that the Indian Nursing Council does not have the authority to grant recognition to nursing institutions in the State of Maharashtra, and the State Council and Health University have the power to grant permission and affiliation for nursing courses.

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 prohibition restraining respondent no. 5 from publishing on its website material indicating that the institutions imparting nursing course have to obtain recognition from respondent no. 5. Writ of mandamus is also requested to be issued directing the Indian Nursing Council to remove forthwith all such material from its website including the material which indicates that the institutions imparting nursing course have to obtain recognition from respondent no. 5.

5. Writ Petition No.10639/2017 is presented by the educational institution imparting training to Basic B.Sc. Nursing and Post Basic B.Sc. Nursing students. Petitioner-educational institution also prays for grant of identical relief.

6. According to petitioners, respondents no. 6 and 7 are empowered to grant permission/affiliation to operate nursing schools/colleges in observance of the procedure prescribed under the Maharashtra Nursing Act, 1966 as well as Maharashtra Universities of Health Sciences Act, 1998. Petitioners contend that the institutions imparting nursing course have already commenced admission process for the academic year 2017-2018 and, the nursing courses are likely to commence from September, 2017 whereas the cut off date prescribed is 31st October, 2017. Grievance is made that in view of material, published by respondent no. 5 on their website, enlisting the institutions recognised by the Indian Nursing Council, the State Government has also stipulated condition in respect of securing permission/renewal of validity every year from the Indian Nursing Council for disbursement of scholarship to students as well as for referring the students for admission. It is the contention of petitioners that the Maharashtra Nursing Council has also accorded permission to enroll students for B.Sc. P.B.Sc and M.Sc. nursing courses for the academic year 2017-2018 in respective colleges operated by members of petitioner-association. According to petitioners, the authority of the Indian Nursing Council is limited to evaluating the standard of education, which includes prescription of appropriate syllabus, norms of training and prescription of appropriate infrastructure for conducting courses etc. The Indian Nursing Council does not have authority to grant recognition or affiliation and the authority vests with the State Nursing Council under the State Act. Petitioners contend that respondent no. 5 Indian Nursing Council is indulging in misuse of the powers in violation of the provisions of Indian Nursing Council Act, 1947. Petitioners contend that the stand of the Indian Nursing Council is contrary to the directives issued by the Honourable Supreme Court as well as various High Courts from time to time.

7. Affidavit-in-reply has been tendered on behalf of respondent no. 5 Indian Nursing Council, wherein