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PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel and Kanwaljit Singh Ahluwalia JJ.
Shiv Shakti Educational Society (Regd.)
Versus
State Of Punjab
Civil Writ Petition No. 17254 of 2007,
Decided On : DECEMBER 19, 2007
B.Sc Nursing Course - INC Approval - University Affiliation - State Government Permission - Punjab Nurses Registration Council Recognition - INC Act, 1947 - Punjab Nurses Registration Act, 1932 - Guidelines for School of Nursing and College of Nursing - INC Regulations - Constitution of India, 1950 - Entry 66 of List I and Entry 25 of List III of the Seventh Schedule - Adhiyaman Educational & Research Institute v. State of T.N. - Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational & Charitable Trust v. State of T.N. - Jaya Gokul Educational Trust v. Commr. & Secy. to Govt. Higher Education Deptt. - State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya - Bharathidasan University and another v. All India Council for Technical Education and others - S.V. Bratheep v. State of T.N. - Oil and Natural Gas Commission v. Collector of Central Excise - P.A. Inamdar v. State of Maharashtra - Dental Council of India v. Subharti KKB Charitable Trust - Krishna Priya Ganguly v. University of Lucknow - State of Maharashtra v. Vikas Sahebrao Roundale - Guru Nanak Dev University v. Parminder Kr. Bansal - A.P. Christians Medical Educational Society v. Govt. of A.P. - Mata Amrit Kaur Welfare Trust (Regd.) v. The State of Punjab and others - Dr. Shyam Lal Thapar Nursing Foundation v. Baba Farid University of Health Sciences and others - Unni Krishnan, J.P. v. State of A.P. - State of T.N. v. Adhiyaman Educational & Research Institute - State of T.N. v. S.V. Bratheep - Ahmedabad St. Xavier College Society v. State of Gujarat - Bharathidasan Unviersity and another v. All India Council for Technical Education and others.
Fact of the Case:
Petitioner, a society registered in 2002, applied for issuance of No Objection Certificate (NOC) for establishing/opening a Medical Education Institution for B.Sc Nursing Course on 24.12.2003. The said certificate was issued on 8.3.2006, subject to the condition that admissions will be made only after approval from respondent No. 2 INC and Baba Farid University - respondent No. 4. The petitioner applied for grant of recognition to respondent No. 3 - Punjab Nurses Registration Council (PNRC) which was granted on 21.9.2006. On 30.8.2006, inspection was carried out by respondent No. 2-INC and necessary approval was granted vide Annexure P.3. Respondent No. 4 University after carrying out inspection vide letter dated 8.11.2006, Annexure P.5, informed the petitioner that there were certain deficiencies with regard to faculty, building maintenance, attached Hospital, Laboratories, hostel, teaching rooms and library. The petitioner-Society applied for second inspection, which was conducted on 23.7.2007. The Committee which conducted the inspection, again submitted adverse report dated 7.8.2007, Annexure P.6. The petitioner applied for third inspection and again deficiencies have been pointed out vide letter dated 8.11.2007, Annexure P.9. The deficiencies do not exist in fact. The inspection reports are biased and for extraneous considerations. As against this, vide corrigendum dated 7.11.2007, seven institutes have been allowed to make admissions, though they had not been subjected to any inspection and no affiliation has been granted in their favour. Merely consent for affiliation has been given, without any inspection. No approval has been given by the INC.
Finding of the Court:
1. Approval of INC was necessary for making admissions. 2. The University could decline affiliation after approval has been granted by the INC. 3. The State Government or the State Council could not allow admissions to be made for B.Sc Nursing in absence of approval of the INC or affiliation by the University. 4. The petitioner was not entitled to a direction for grant of affiliation but could apply for fresh inspection to the University or to the INC and thereafter to take its legal remedies. 5. Added respondents were not entitled to make admissions as the State Government or the State Nursing Council was not entitled to give such a permission without prior approval of the INC and affiliation by the University.
Issues: 1. Whether approval of the INC was required for making admissions? 2. Whether the University could decline affiliation after approval has been granted by the INC? 3. Whether the State Government or the State Nursing Council could allow admissions to be made for B.Sc Nursing Course in absence of there being approval by the INC or affiliation by the University? 4. Whether the petitioner was entitled to make admissions when the University had not granted affiliation and the State Nursing Council had declined to extend recognition? 5. Whether added respondent Nos. 5 to 8 could have been allowed to make admissions?
Ratio Decidendi: 1. The Central Act having laid down procedure for making admissions as per regulations framed under section 16, the said procedure was binding on all concerned for admissions to B.Sc Nursing. 2. There is no prohibition in the regulations framed by the INC to a University declining affiliation even after INC has given permission for starting a programme. 3. The INC was competent to lay down a procedure to cross check refusal of affiliation by a University and in fact it is desirable for the INC to lay down such a procedure to check arbitrariness and to avoid delay.
Final Decision: The writ petition is disposed of accordingly.
, J.
1. This petition seeks a direction for grant of permission to the petitioner for admission to 40 students to B.Sc Nursing Course 2007 in the College of Nursing of the petitioner-Society. Further direction sought is for quashing corrigendum dated 7.11.2007, Annexure P.11, granting permission to admit students to certain institutions, on the basis of grant of consent of affiliation by Baba Farid University, subject to the condition that registration of the said institutions will be done after permission from the Indian Nursing Council (INC).
2. Case of the petitioner is that it was registered as Society in the year 2002 and started imparting Nursing education for a Diploma course in G.N.M Nursing. It applied for issuance of No Objection Certificate (NOC) for establishing/opening a Medical Education Institution for B.Sc Nursing Course on 24.12.2003. The said certificate was issued on 8.3.2006, Annexure P.1, subject to the condition that admissions will be made only after approval from respondent No. 2 INC and Baba Farid University - respondent No. 4. The petitioner applied for grant of recognition to respondent No. 3 - Punjab Nurses Registration Council (PNRC) which was granted on 21.9.2006. On 30.8.2006, inspection was carried out by respondent No. 2-INC and necessary approval was granted vide Annexure P.3. Respondent No. 2 (INC) also issued Suitability/Recognition Certificate vide Annexure P.4 for intake of 40 seats. Respondent No. 4 University after carrying out inspection vide letter dated 8.11.2006, Annexure P.5, informed the petitioner that there were certain deficiencies with regard to faculty, building maintenance, attached Hospital, Laboratories, hostel, teaching rooms and library. The petitioner-Society applied for second inspection, which was conducted on 23.7.2007. The Committee which conducted the inspection, again submitted adverse report dated 7.8.2007, Annexure P.6. The petitioner applied for third inspection and again deficiencies have been pointed out vide letter dated 8.11.2007, Annexure P.9. The deficiencies do not exist in fact. The inspection reports are biased and for extraneous considerations. As against this, vide corrigendum dated 7.11.2007, seven institutes have been allowed to make admissions, though they had not been subjected to any inspection and no affiliation has been granted in their favour. Merely consent for affiliation has been given, without any inspection. No approval has been given by the INC.
3. In the reply filed on behalf of respondent Nos. 1 and 3, (the State and the State Council), the stand taken is that approval of INC was not necessary for establishing the institute but was necessary only for registering the students for practice outside the State, which was clarified in para 5 of the affidavit of the INC itself dated 20.4.2007 filed in another writ petition, being CWP No. 16436 of 2006, (Kular Medical Education and Research Society v. State of Punjab and others), a copy of which was Annexure R1/1, to the effect that establishment of a Nursing Institution required approval of the State Government and the State Nursing Council and affiliation from a recognised Hospital. Role of Indian Nursing Council was to regulate Nursing profession and to set uniform standards and unless a Nursing Institution was approved by INC, persons obtaining degrees/diplomas were not entitled to register or practice outside the State. As regards the corrigendum dated 7.11.2007, permission was granted to the institutes mentioned therein as per guidelines dated 6.5.1998, Annexure R1/3, which the petitioner did not fulfil and on account of that distinction, the petitioner was not allowed permission for admissions by the Punjab Nurses Registration Council for the Session 2007-08. The institutions mentioned in the corrigendum were already conducting Three Year Diploma Course after getting affiliation from the University and after taking the permission from the INC and possessed the necessary land, bu
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