The judgment emphasized the significance of recognized degrees in ensuring the standard of education and highlighted the distinction between formal and informal systems of education.

Rajiv Sharma, Judge.

Essential facts necessary for the adjudication of this writ petition are that the petitioner was appointed as Female Health Worker in the Health Department on 3.8.1991. She was promoted to the post of Staff Nurse. She got herself provisionally enrolled with Indira Gandhi National Open University for undertaking B.Sc. Nursing course on 15.10.2006. Her admission was confirmed on 15.12.2006. Petitioner has placed on record copy of degree issued by Indira Gandhi National Open University vide Annexure P-9. Case of the petitioner, in a nutshell, is that after obtaining degree in B.Sc. Nursing from Indira Gandhi National Open University, she submitted an application for registration with respondent No.3. According to her, she is eligible to be considered for the post of Tutor Nursing but due to non-registration by respondent No.3-Council, her case was not considered by the Departmental Promotion Committee.

2. Case of the respondent-State is that the decision has to be taken by the Himachal Pradesh Nursing Council. Respondents No.3 and 4 have filed the reply. According to the reply filed by respondents No.3 and 4, petitioner could not be registered since she has passed B.Sc. Nursing from College of Nursing Adesh Institute of Medical Sciences, Muktsar, which is not recognized by the Indian Nursing Council.

3. Mr. Bhuvnesh Sharma has vehemently argued that the degree of B.Sc. Nursing awarded to his client by Indira Gandhi National Open University is valid and on the basis of the same, respondents No.3 and 4 could not refuse to register her name. According to him, the action of respondents No.3 and 4 is illegal and arbitrary, thus, violative of Article 14 of the Constitution of India.

4. Mr. Vikas Rathore, learned Deputy Advocate General and Ms. Tanu Sharma, appearing on behalf of the respondents, have argued that the Institute from where the petitioner has passed B. Sc. Nursing is not recognized by the Indian Nursing Council. They have further argued that the petitioner is required to comply with all the conditions of the Indian Nursing Council as well as the Himachal Pradesh Nurses Registration Act, 1977.

5. I have heard the learned counsel for the parties and have perused the pleadings carefully.

6. The Indira Gandhi National Open University came into existence by the Indira Gandhi National Open University Act, 1985. The University has been established and incorporated as an open University at the national level for the introduction and promotion of open university and distance education systems in the educational pattern of the country and for the coordination and determination of standards in such systems. Section 2 (e) defines, “Distance Education System” to mean the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means. Section 2 (j) defines expression “Regional Centre”. Section 2 (k) defines the “Regulations”. Section 2 (l) defines “School” to mean a school of studies of the University. Section 2 (m) defines “Statutes” and “Ordinances” to mean the Statutes and Ordinances of the University for the time being in force. “Study Centre” has been defined in section 2 (o) to mean a centre established, maintained or recognized by the University for the purpose of advising, counselling or for rendering any other assistance required by the students. The University has been established under section 3 of the Act. Section 4 of the Act defines the objects of the University. The objects of the University are to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication, technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the Open University and Distance Education Systems in the educational