Recognition of nursing qualifications granted by state nursing councils is mandated by the Indian Nursing Council Act, thus making state-level recognition valid for practice across the country.

JUDGMENT :

N.NAGARESH, J.

1. The Karnataka State Association of the Management of Nursing and Allied Health Science Institution is the petitioner. The petitioner states that several students, who completed B.Sc Nursing from the Nursing Colleges of Karnataka, are not being allowed to register as Nurses in the State of Kerala for the reason that Indian Nursing Council has not given recognition to the Institutions conducting B.Sc Nursing Courses in Karnataka, who are members of the petitioner-Association.

2. The petitioner states that the Indian Nursing Council cannot insist that the Institutions are recognised by them. The Institutions are registered and recognised by the Karnataka State Nursing Council. Any Degree of Nursing granted by any College in the Country affiliated to respective State Nursing Council should be recognised.

3. The Apex Court has held in Private Nursing Schools and Colleges Management Association v. The Indian Nursing Council and others [Civil Appeal Nos.12759 – 12761 of 2017] that it is the State Government which has power to grant recognition. The Indian Nursing Council has no authority to grant recognition.

4. The Rajiv Gandhi University of Health Sciences, Karnataka has issued a clarification that the State Nursing Council cannot insist the grant of recognition by the Indian Nursing Council. The Kerala Nursing Council is still insisting for recognition of Indian Nursing Council. The petitioner therefore seeks to direct the 3^rd respondent-Kerala Nurses and Midwives Council not to insist on the grant of recognition of the Institution under the petitioner-Association from the Indian Nursing Council for grant of reciprocal registration to the students of the Institutions run by the members of the petitioner-Association.

5. The 2^nd respondent-Indian Nursing Council opposed the writ petition. The Indian Nursing Council has issued the Indian Nursing Council (Minimum Pre-requisite for granting suitability to Nursing Programs) Regulations, 2020. The Regulations, 2020 are binding on all concerned. As per the Regulations, the Indian Nursing Council can grant Suitability to Nursing Institutions.

6. Many State Nursing Councils insist that reciprocal registration would be allowed only in cases where the student has passed Nursing Course from an Institution which is found suitable by the Indian Nursing Council. Grant of Suitability by the Indian Nursing Council guarantees that the student passing out of such Educational Institutions are having the requisite standards of passing the Course.

7. The 3rdrespondent-Kerala Nursing and Midwives Council also filed a counter affidavit. The Government of Kerala has issued Ext.R3(a) Guidelines dated 17.02.2012 to maintain the quality of education and standard of Nursing Institutions. As per Ext.R3(a), the Institution intending to start Nursing College has to obtain approval of the Indian Nursing Council and the approval of the Kerala University of Health Sciences. In the light of Ext.R3(a), the 3rdrespondent, after due deliberations, has taken a policy decision to insist for Approval / Suitability Certificate of the Indian Nursing Council as a condition precedent to entertain the applications for registration submitted by the students who had secured nursing qualifications from those Institutions outside the State of Kerala.

8. Section 13 of the Indian Nursing Cou