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2020 Supreme(Bom) 1322

SUNIL B.SHUKRE, ANIL S.KILOR
Keshav Baliram Hedgewar Paryayi – Appellant
Versus
State of Maharashtra, through Principal Secretary, Medical Education and Drugs Department – Respondent


Advocates Appeared:
For the Petitioner:Firdoz Mirza, Advocate.
For the Respondents:A.M. Madiwale, AGP, Gauri Venkatraman, Advocate.

JUDGMENT :

Anil S. Kilor, J.

1. A proposal of the petitioner to start General Nursing and Midwifery (GNM) course at Wardha, has been rejected by the respondent State Board of Nursing vide its communication dated 31st December 2019, in view of the Notifications dated 28th February 2019 and 14th March 2019, issued by the Indian Nursing Council, informing that the Council has resolved to phase out ‘GNM’ course from the year 2020-21 in compliance with the ‘National Health Policy 2017’. The communication of the State Board dated 31st December 2019 and notifications issued by the Council, dated 28th February 2019 and 14th March 2019, have been questioned in the present petition by the petitioner.

2. Heard Shri Firdos Mirza, learned counsel for the petitioner, Ms. Gauri Venkatraman, learned counsel for the respondent No. 3 and Shri Amit Madiwale, learned Asst. Government Pleader for respondent Nos.1 and 2.

3. Shri Firdoz Mirza, learned counsel for the petitioner submits that the impugned notifications / orders dated Dated 28th February, 2019, 14th March, 2019 and 19th September, 2019 issued by the respondent Council cannot override or control the provisions of the Maharashtra State Board of N

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