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2016 Supreme(Ori) 982
IN THE HIGH COURT OF ORISSA: CUTTACK
I. MAHANTY AND Dr. D.P.CHOUDHURY, JJ.
W.P. (C) No. 2670 of 2012.
(Date of Judgment : 29.01.2016)
In the mater of an application under Articles 226 & 227 of the Constitution of India.
Kalandi School of Nursing ... Petitioner
Versus
State of Orissa and others ... Opp. Parties.
For Petitioners:M/s.D.N. Mishra, A.K. Mohanty,M.R. Biswal, N.Das and P.P.Pradhan
For Opp. Parties:M/s. R.C. Mohanty, K.C.Swain,S. Mohanty (For O.P. No.1)
And Mr. S.K.Dwivedy (For O.P. No.5)
Headnote:INDIAN NURSING COUNCIL ACT, 1947 - Orissa Nurses and Midwives Registration Act, 1938 and Rules, 1958 - Recognition/Affiliation and Approval to Petitoner-Institution - Auxillary Nurses and midwives - Central Government in order to maintain uniform standard of Nursing Education, has to only decide the qualification and for that purpose can inspect any institution and can devolve any sort of examination, curriculam and State being the authority of education has to apply the same by enacting the provision of law keeping the standard as advised by the Act so that uniformity can be maintained throughout the country - State Government cannot make out any sort of standard of curriculam or attending of examination or any sort of manner of training below the standards prescribed by the Act - No conflict between the two legislations in as much as it is clear that the Act explicitly declares power of I.N.C. so far as declaration of qualification concerned but the recognition of institution holding of examination, inspection and manner of training are all prescribed by the Act, 1938 read with Rules, 1958 - State Government to extend permanent recognition to the petitioner-institution for imparting training in ANM courses but not the I.N.C. - Held, petitioner-institution is entitled to receive permanent recognition to run ANM courses.
JUDGMENT
Dr. D.P.CHOUDHURY, J. - This writ application has been filed challenging the illegal action of the opposite party for not extending permanent recognition/affiliation and approval to petitioner-institution w.e.f. 2006-07, for not allowing the students of the petitioner-institution to appear in the Board Examination for Auxiliary Nurses and Midwives (in short ANM) with further prayer for declaring the admission and examination of students of O.Ps. 6 to 21 into ANM courses as null and void and for declaring the certificates and registration of pass out ANM students of O.Ps. 6 to 21 consequently as null and void.
Facts of the case:
2. The unsworn details of case of the petitioner is that the petitioner-institution made application on 18.9.2006 to the Government of Odisha in Health & Family Welfare Department to grant NOC/permission/recognition to institution for imparting training in recognized qualification i.e. ANM in the district of Kalahandi, Government of Odisha in Health & Family Welfare Department has also granted NOC/permission/recognition to petitioner-institution for running such course vide Annexure-3l. It is also averred by the petitioner that the petitioner-institution has made number of applications before the Indian Nursing Council (INC) to make inspection of the institution under Section 13 (2) of the Indian Nursing Council Act, 1947 (for short ‘the Act’) so that the petitioner could commence said course inasmuch as it is INC who has got domain to issue necessary approval for running said ANM course. But no action was taken by the INC to ,make inspection.
3.While the matter stood thus, on 21.2.2007, 23.11.2007 and 31.3.2009 the authority was pleased to allow ANM students to undertake clinical training in Government Community Health Centre/Public Health Centre vide Annexure-4. But no order was passed to make inspection of the institution by INC. On 19.12.2007 Government of Odisha in Health & Family Welfare Department constituted an inspection committee to inspect ANM Centre, the said Committee inspected petitioner-institution on 16.1.2008 and observed that the petitioner-institution satisfied all conditions as per regulations/norms/guidelines of the INC regarding own building infrastructure teaching faculty and qualification of teachers and recommended to commence such course. On 6.6.2008 the petitioner-institution made application for renewal of the NOC/Essential Certificate/Permission/Recognition for the session 2007-08, 2008-09 vide Annexure-6. On 12.6.2008 the State Government requested the Secretary, Odisha Nurses and Midwives (ONM) Examination Board, Bhubaneswar to submit inspection report of petitioner-institution. Accordingly inspection was made and the Odisha Nurses and Midwives (ONM) Examination Board, Bhubaneswar submitted report. After necessary mandatory deposit, ONM Examination Board granted provisional affiliation to the petitioner-institution vide Annexure-9. Accordingly the petitioner-institution took students for admission into ANM Training Course for the session 2007-08 onwards and the students have completed their course. But O.P. No.3 did not extend permission to appear in the Board Examination in such course and the said file is lying w.e.f. the session 2007-08. In the meantime the filling up of forms for the aforesaid examination has been already completed by O.P. No.3 and it is further averred that the students of the Govt. and private institutions have already filled up their form to appear in the Board Examination for the sessions 2009-10 but at the same time the students of the petitioner-institution have been denied admission although have completed the course for the session 2007-08 onwards.
4.It is further case of the petitioner that O.Ps. 1 to 5 allowed students of Government ANM Training Centre of O.Ps. 6 to 21 for running institution with students beyond their intake capacity and in clear violation of the guidelines of the Central Government and INC. It is further alleged, inter
