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HIGH COURT OF PATNA
S.B. SINHA & G.C. BHARUKA, JJ.
Raj A.N.M. School Muzaffarpur, through its Secretary Niteshwar Prasad Singh – Petitioner
Versus
The State of Bihar and others – Respondents
Civil Writ Jurisdiction Case No. 7831 of 1992
Decided on: 20.7.1993
NURSING COUNCIL - Recognition of Institution - Grant of - Power to - State Council or Central Council - Bihar and Orissa Nurses Registration Act, 1935 (B & O Act 1 of 1935) - Indian Nursing Council Act, 1947 (Act No. XLVII of 1947).
Fact of the Case:
The petitioner, a private A.N.M. School, challenged the decision of the Examination Committee of the Bihar Nurses Registration Council (State Council) not to allow its students to appear at the A.N.M. examination. The petitioner claimed to have been established in 1988 and had applied for recognition to the Government, which recommended recognition but directed the petitioner to contact the State Council and the Indian Nursing Council (Central Council). The petitioner applied for recognition and permission to allow its students to appear at the examination in 1989, which was granted. However, the State Council later resolved not to grant recognition to any private A.N.M. School. Despite this resolution, the Director in Chief, Health Services, Bihar, issued permission to allow the petitioner's students to appear at the examination in October 1990. The petitioner filed a writ petition challenging the decision not to allow its students to appear at the examination.
Finding of the Court:
The Court held that neither the State Government nor the State Council, nor any other authority or even the Central Council, was competent to grant recognition to any institution of the nature in question. The Court found that no rules had been framed under Section 17 (2) (aa) of the State Act, which was required for grant of recognition to institutions entitled to give training in the prescribed course in nursing. The Court also held that the Central regulations framed under Section 16 of the Central Act by the Central Council, providing the minimum requirements for recognition of nursing schools and the syllabus in general nursing, could not be deemed to be binding legal provisions for the purposes of the State Act.
Issues: 1. Whether the State Council or the Central Council had the authority to grant recognition to institutions for imparting training in nursing courses. 2. Whether the Central regulations framed under Section 16 of the Central Act could be deemed to be binding legal provisions for the purposes of the State Act.
Ratio Decidendi: 1. The Court interpreted the provisions of the State Act and the Central Act and found that there was no provision for grant of recognition to institutions by either the State Council or the Central Council. 2. The Court held that the Central regulations framed under Section 16 of the Central Act could not be deemed to be binding legal provisions for the purposes of the State Act, as there was no provision in either of the two Acts or the regulations expressly or by necessary implications providing therein that the regulations could stand for rules to be prescribed under the State Act.
Final Decision: The Court dismissed the writ petition, holding that neither the State Council nor the Central Council had the authority to grant recognition to institutions for imparting training in nursing courses. The Court also held that the Central regulations framed under Section 16 of the Central Act could not be deemed to be binding legal provisions for the purposes of the State Act.
G.C. Bharuka, J.
1. In this writ application Raj A. N. M. School, Muzaffarpur, (hereinafter 'the school' only) is the petitioner. The prayer made herein is to quash the decision dated 3.8.1992 as contained in Annexure-15. In this writ petition of the Examination Committee constituted by the Bihar Nurses Registration Council (hereinafter 'the State Council' only) by which it was, infer alia, decided that no private A.N.M. School running in the State should be issued application forms for appearing at the examination and the fees and forms submitted by the petitioner-school be returned. It has further been prayed that a writ of mandamus be issued commanding upon the respondents to allow its students to appear at the ensuing A.N.M. examination.
2. The facts as set out in the writ application may be stated in short. The petitioner-school is claimed to have been established in the year 1988 at Muzaffarpur to impart training to auxiliary Nurses and Midwives. By letter dated 1.12.1988 the school applied for recognition to the Government whereupon by its letter dated 29.3.1989 (Annexure - 2) the Joint Secretary to the Government communicated to the Secretary of the school that the Government appreciates the efforts of the petitioner and recommends for its recognition but for this purpose it should contact the Bihar Nurses Registration Council and the Indian Nursing Council (hereinafter to be referred. to as the Central Council). It appears that thereupon the petitioner flied an application dated 1.8.89 to the State Council requesting for grant of recognition and permitting its students to appear at the A.N.M. examination to be held in October, 1989. In response of the said application, the Examination Committee in its meeting held on 16.9.89 (Annexure-3) resolved that inspection be held and in the meantime permission was accorded to allow the students of the school to appear at the examination. Subsequently the State Council again in its general council meeting held on 18.3.1990 (Annexure-4) resolved that the result of the candidates who were allowed to appear at the 1989 examination on the recommendations of the Government and the Examination Committee will be published but the school management is directed not to take any further admission. It was also resolved that the State Council should not give or recommend grant of recognition to any private A.N.M, C.N.M. or L.H.V. School. Inspite of the said resolution of the Council meeting, the Additional Director, Health Services, Bihar, by his memo no. 338 (6) dated 5.4.1990 (Annexure-5) directed the Registrar of the State Council to allow 101 students of the school to appear at the examination to be held in April, 1990, and an order to the same effect was issued by the Director in Chief, Health Services, Bihar, under its memo no. 354 (6) dated 12.4.1990 (Annexure 6). The said directions were duly complied with by the State Council. It also appears that the Registrar of the State Council constituted various Committees for inspection of the school with a view to accord recognition as is evident from Annexure - 7 series to the writ application, dating 12.6.89 to 10.1.90. Thereafter by letter dated 31.7.90 (Annexure 8) issued by the Registrar of the State Council, it was communicated that the inspection reports in respect of the school has been sent to the Central Council for necessary action and till that is completed no permanent recognition can be granted to the petitioner. It was further advised that Rs. 1000/- be sent to the Central Council as fees for inspection and till the inspection is completed the petitioner was accorded temporary recognition. It seems that the respondent - Director in Chief by his letter dated 20th September, 1990, (Annexure 9) issued permission to allow the students of the school to appear at the examination to be held in October, 1990.
3. In the above factual back-ground the petitioner filed Title Suit no. 138/90 and T.S. No. 141/90 in the Court or Mun
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