Recognition of nursing qualifications is valid if granted by the State Council at the time of course completion, regardless of subsequent withdrawal by the Indian Nursing Council.

JUDGMENT :

1. Heard learned counsel for petitioner, Sri Gyanendra Kumar Srivastava, learned counsel for respondent no.2 & 3 and learned Standing Counsel for the State.

2. Petitioner has approached this Court for quashing of the impugned order dated 12.05.2023 (Annexure-1) passed by the “Uttar Pradesh Nursing and Midwives Council” (hereinafter to be referred as “the Council”), whereby the petitioner’s registration has been refused by the Council on the sole ground that allegedly the institution from where she completed her Diploma Course in General Nursing & Midwifery i.e Sitaram College of Nursing, Khop, Chhatarpur, M.P., is not mentioned in the list of recognized institution of the Indian Nursing Council, New Delhi. A consequential prayer for direction to the Council for granting her registration has also been sought by the petitioner in the present writ petition.

3. Admittedly, the petitioner had pursued a Course of Diploma in General Nursing and Midwifery (three years course) from Sitaram College of Nursing, Khop, Chhatarpur, M.P. during the educational session 2018-19 to 2020-21. The petitioner claims that the said Institution is recognized by the Madhya Pradesh Nursing Council, Bhopal under the provisions of Madhya Pradesh Nursing Shikshan Sansta Manyta Niyam, 2018 and as such after completion of her course she got herself registered with the Nursing Registration Council, Madhya Pradesh vide registration No. V-88422.

4. It is the case of the petitioner that she is a resident of District-Hamirpur, Uttar Pradesh and wished to practice nursing in the State of Uttar Pradesh and for that purpose, had applied for her registration, with the U.P Nurses & Midwives Council, Lucknow, wherein the authorities advised her to obtain a “No Objection Certificate” (NOC) from the Nursing Registration Council, Madhya Pradesh. Although the said NOC was obtained by the petitioner and was also sent to the Council vide M.PN.R.C/NOC/3792 dated 16.03.2023, however, apparently it seems the said NOC did not find any favour with the “Uttar Pradesh Nursing and Midwives Council” as the Council refused to oblige the petitioner by giving the registration and instead vide the impugned letter dated 12.05.2023 addressed to the Registrar, Madhya Pradesh Nursing Registration Council and a copy marked to the petitioner, informed that her registration was being refused on the ground that the name of the Institution from where she completed her diploma does not finds any mention in the list of recognized institution of the Indian Nursing Council, New Delhi.

5. Section 10 of Indian Nursing Council Act, 1947 provides :-

"10 Recognition of qualifications:-(1) for the purposes of this Act, the qualifications included in [Part I of] the Schedule shall be recognised qualifications, and the qualifications included in part II of the Schedule shall be recognised higher qualifications.

(2) Any Authority with the [States] which, being recognized by the [State] Government [in consultation with the State Council, if any,] for the purpose of granting any qualification, grants a qualification in general nursing, midwifery, [auxiliary nursing mid-wifery] health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and the Council may declare that such qualification, or such qualification only when granted after a specified date shall be a recognized qualification for the purposes of this Act.

6. Thus, apparently Section 10(2) of the Act provides that the respective State Council have been empowered to grant recognition to the qualification for the purposes of the Indian Nursing Council Act, 1947. The said position of law is also clear from letter 9th of December, 2020, wherein it has been declared that the power to grant recognition to nursing Institutions vest with the State Nursing Councils.

7. Further, any institution is required to be recognized by the respective State’s Nursing Council and not the Indian Nur