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MANISH MATHUR
Yashraj Inst. Of Prof. Studies Thru. Secy. Ashish Shukla – Appellant
Versus
Indian Nursing Council New Delhi – Respondent
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:-
(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
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 Certifica....
The main legal point established in the judgment is the limitation of the Indian Nursing Council's power to recognize nursing institutions and the importance of compliance with standards and coordina....
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
The main legal principle established in the judgment is that the State Government cannot impose additional conditions for grant of 'No Objection Certificate' that are in conflict with the regulations....
Suitability certificate from national nursing council, though not mandatorily prior under guidelines, is binding if stipulated in state approvals and institution applies without challenge.
An institution that upgrades from a General Nursing and Midwifery course to a B.Sc. Nursing course is prohibited from reopening the GNM course under current regulations.
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