RAJIV SAHAI ENDLAW, J.

1. The two petitioners filed this petition pleading that they had in the year 2009 and 2008 respectively completed and passed the course of Post Basic B.Sc. in Nursing from the respondent no.1 Indira Gandhi National Open University (IGNOU) with study centre at Safdarjung Hospital and were awarded the Degrees therefor; that they had in July, 2010 applied for admission to the course of M.Sc. Nursing in respondent no.4 Nightingale Institute of Nursing; that the respondent no.4 demanded NOC of the respondent no.2 Indian Nursing Council (INC) for confirmation of admission of the petitioners; that the petitioners accordingly applied to INC but INC vide its letter dated 4th August, 2010 informed the petitioners that INC had only approved 11 study centres for Post Basic B.Sc. Nursing Programme through distance learning by IGNOU and Safdarjung Hospital was not included therein and thus denying registration to the petitioners for M.Sc. Nursing Course in the respondent no.4 College. The petitioners claim that they, thereafter approached the IGNOU which confirmed that it was recognized for granting Degree for Post Basic B.Sc. Nursing Course and the Degree awarded to the petitioners was valid. The petitioners averring that they are caught between IGNOU and INC filed this petition claiming the relief of issuance of direction to INC to approve the Post Basic B.Sc. Nursing Course of IGNOU with study centre at Safdarjung Hospital to enable the petitioners to pursue M.Sc. Nursing course at the respondent no.4 College.

2. Notice of the petition was issued. The counsel for IGNOU on 10th September, 2010 contended that the Post Basic B.Sc. Nursing Programme of IGNOU was recognized by INC. It was further contended that while granting the said recognition no restriction was placed that the recognition was granted for the programme/course only with respect to a particular study centre. The counsel for INC however contended that in pursuance to recognition, IGNOU was required to seek approval for each study centre and no approval for the study centre at Safdarjung Hospital was sought and thus the course/programme conducted by IGNOU at the said study centre and the Degree awarded therefor is not valid. In view of the said competing claims, both IGNOU and INC were directed to file affidavits. The counsel for IGNOU, during the hearing on 6th October, 2010, produced certain additional documents and opportunity was given to INC to respond to the same.

3. It is the case of IGNOU that it was the INC itself which had approached IGNOU as far back as in the year 1988 to commence the Post Basic B.Sc. Nursing Programme with a duration of three years through distance education; that after compliance of various formalities, the first batch of the course commenced in the year 1997; that between the years 1988-97, INC, at no point of time required IGNOU to have approved its study centres where the education in the said course/programme was to be imparted and a blanket approval had been given by INC to IGNOU. With respect to Safdarjung Hospital it is pleaded that the same is independently approved and recognized by INC and State Nursing Council for conducting GNM Programme and now B.Sc. Nursing Programme; that it has been acting as a study centre for IGNOU for B.Sc. Nursing Programme since April, 1997; that from 1997 to 2009, 150 students had graduated from the said centre and of which one has already completed M.Sc. Nursing and two are in the final year of M.Sc. Nursing and three others are in the first year of M.Sc. Nursing. It is also pleaded that two students from the centre at Safdarjung Hospital have been awarded gold medal for securing highest marks in the country. It is yet further pleaded that Safdarjung Hospital is also a centre for practical training sessions of RAK College of Nursing. It is also the plea of IGNOU that in the year 2005 the Secretary of INC was part of the faculty of the School of Nursing, Safdarjung Hospital for the co

Click Here to Read the rest of this document