2017 Supreme(Raj) 2405
IN THE HIGH COURT OF RAJASTHAN
NIRMALJIT KAUR, J.
Kamaksha Institute of Nursing - Appellant
Vs.
State of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 15233 of 2016
Decided On : 18-12-2017
For the Appellant : Surat Singh, Rajendra Katariya, Avinash Acharya, Sanjeet Purohit, Sultan Choudhary and Gaurav Thanvi.
For the Respondents: Y.P. Khileree and Abhinav Jain.
Headnote:
Indian Nursing Council Act – Institutions – Admissions - As per Regulations any person desirous of opening a Nursing Institution in country has to first apply to State Government for issuance of an Essentiality Certificate and thereafter apply to Indian Nursing Counsel for approval/recognition – Held, Court are of view that two parts of Single Judges order are inextricably inter connected - Once it is declared that Indian Nursing Council Respondent has no authority to grant recognition to Institutions imparting Nursing Course it must follow that Respondent therefore restrained from publishing on its website material that are indicated – Petition allowed
Nirmaljit Kaur, J.
1. All the above mentioned writ petitions shall stand decided by this common order as the issue involved therein is identical.
2. The present writ petitions have been filed by the petitioner institutions seeking permission to allow the students to take admission in G.N.M. Program in their institutions on the basis of recognition granted by the Rajasthan Nursing Council. The petitioner-institutions were forced to file the present writ petitions as no permission was granted by the Indian Nursing Council.
3. An objection was raised that a Nursing Institution in the country has been clearly spelled out by the issuance of Regulation under the provisions of Indian Nursing Council Act. As per the Regulations, any person desirous of opening a Nursing Institution in the country has to first apply to the State Government for issuance of an Essentiality Certificate and thereafter, apply to the Indian Nursing Counsel for approval/recognition. Further, the approval of all these organizations is must.
4. In all the above mentioned writ petitions except Writ Petition Nos. 15233/2016 and 13948/2015, the names of the petitioner institutions were allowed to be included in the counseling for admission to G.N.M. Course and since then, they are continuously making the admissions under the interim directions issued by this Court from time to time.
5. It is not disputed that the issue involved in the present case is no more res-integra in view of the judgment rendered by the High Court of Karnataka at Bengaluru in the case of Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & Ors. v. Union of India & Ors. (Writ Petition Nos. 25355-25357/2017) & other connected petitions decided on 24.07.2017 vide which it was held that the Indian Nursing Council has no authority to grant recognition to the institutions imparting Nursing courses. The Indian Nursing Council was further restrained from publishing on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition from the Indian Nursing Council. It was further directed that the Indian Nursing Council shall withdraw all such materials published on its website. The judgment rendered by the learned Single Bench of the High Court of Karnataka at Bengaluru was challenged before the learned Division Bench. The learned Division Bench while considering the appeal against the order of the learned Single Bench passed the following interim order :-
"9. ......... Therefore, we are of the view that the learned Single Judge was fully justified in taking the view that it is not obligatory to obtain recognition or approval from the Nursing Council of India and quashing the communication Annexure-E. Therefore, when the law does not require the Institutions to seek recognition or approval from the Nursing Council of India, even if the respondent-College has made an application seeking recognition from Nursing Council of India, it will not affect its right to continue to exist as a Nurses' Training Institution so long as the recognition granted by the State Council under the Provisions of the Nurses Act and also by the Rajiv Gandhi University Act, is not withdrawn....... "
6. However, the Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & others filed the Civil Appeal Nos. 12759-12761 of 2017 (S.L.P. (Civil) Nos. 23346-23348 of 2017) against the said interim order passed by the learned Division Bench. The Apex Court vide Order dated 11.09.2017 allowed the appeals and set aside the interim order passed by the learned Division Bench and confirmed and restored the order passed by the learned Single Bench of the High Court of Karnataka at Bengaluru by observing in Para 4 of the said order as under :-
"4. We are of the view that the two parts of the learned Single Judge's order are inextricably inter connected. Once it is declared that the Indian Nursing Council, Respon