Point of Law : Regulation 22(iii) clearly indicates the first stage of grant of recognition and prescribes that the eligible establishments/organizations are required to obtain Essentiality Certificate/No Objection Certificate from the concerned State Government.

JUDGMENT :

1. Heard Mr. Prashant Chandra, learned Senior Advocate assisted by Mr. Anshuman Singh, learned counsel for petitioner, Ms. Samidha, learned counsel for opposite party no.1, learned State Counsel for opposite party no.2 and Mr. Gyanendra Kumar Srivastava, learned counsel for opposite party no.3. Opposite party no.4 being merely proforma in nature, notices to it stand dispensed with.

2. Petition has been filed seeking the following main relief:-

i) issue a writ, order or direction in the nature of Mandamus commanding opposite parties 2 and 3 to forthwith issue a No Objection Certificate/Essentiality Certificate and recognition for running the M.Sc. (Nursing Programme) as mandated under Regulation 22 of the Indian Nursing Council Regulations.

(ii) issue a writ, order or direction in the nature of Mandamus commanding opposite parties not to create any obstacle or hindrance in the imparting of training in the M.Sc. (Nursing Programme) and in taking admissions for the academic year 2020-21 and for starting the same.

(iii) issue a writ, order or direction in the nature of Mandamus commanding opposite party no.3 to forthwith refund the amount of Rs.5 lacs collected as inspection fee together with such interest as may have accrued thereon and as may be ordered by this Hon'ble Court to be paid to petitioner within such time as may kindly be stipulated;

3. Learned counsel for petitioner submits that paragraph 4 of Circular dated 19.02.2009 issued by Indian Nursing Council stipulates that institutions could start nursing programme [GNM/ B.Sc.(N)] with affiliation or parent Hospital with minimum of 120/150 beds. It is submitted that since petitioner-institution had affiliation with various Hospitals, petitioner-institution was granted recognition for conducting B.Sc. (Nursing) Program on 31.01.2011 which was renewable every year and in pursuance thereof, recently opposite party no.3 i.e. U.P. State Medical Faculty on its website indicated petitioner's continued recognition for the said course for the academic session 2020-21. It is submitted that as such, petitioner-institution has conducted the aforesaid programme for the past ten years continuously and the course pertaining to first batch of students was also completed in the year 2016.

4. It is submitted that subsequently with regard to conduct of the courses, the Indian Medical Council issued notification known as the Indian Nursing Council (Minimum Prerequisites for granting suitability to Nursing Programs) Regulations, 2020 (hereinafter referred to as Regulations of 2020). The regulations have been framed in accordance with Indian Nursing Council Act, 1947 (hereinafter referred to as Act of 1947) and, therefore have statutory force. It is submitted that Regulation 22 of Regulations of 2020 prescribes minimum pre-requisites for starting M.Sc. (Nursing) course with Regulation 22(ii) indicating that an institution offering B.Sc. (Nursing) program wherein one batch has passed out is eligible to start M.Sc. (Nursing) program.

5. As such, it is submitted that the only condition required for an institution to be eligible to start M.Sc. (Nursing) program was conduct of B.Sc. (Nursing) program where one batch had passed out. It is submitted that the procedure for obtaining Essentiality Certificate/No Objection Certificate were thereafter indicated in Regulation 22 (iii), (iv) and (v). Learned counsel submits that petitioner-institution being fully eligible to conduct M.Sc. (Nursing) program applied on 17.01.2020 but result thereupon has not seen light of the day leading to filing of present writ petition.

6. It has further been submitted that in terms of the procedure indicated under Regulation 22(iii), the eligible Establishments/Organizations are required to obtain Essentiality Certificate/No Objection Certificate firstly from the concerned State Government where the program is sought to be established. It is further submitted that a reading of aforesaid provision will indicate that No O