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VIVEK CHAUDHARY, OM PRAKASH SHUKLA
Km. Priyanka Halwai – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Medical Education Civil Secrt. Lko. – Respondent
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, B
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.
Recognition of nursing qualifications by State Councils is valid even if later de-recognized, as long as the institution was recognized at the time of course completion.
Recognition of nursing qualifications granted by state nursing councils is mandated by the Indian Nursing Council Act, thus making state-level recognition valid for practice across the country.
Degrees from unrecognized institutions cannot be utilized for employment; recognition must come from appropriate regulatory bodies.
The main legal point established in the judgment is that the authorities must consider and process pending applications within a reasonable time, especially when conflicting decisions and communicati....
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
Court directed authorities to take final decision on Nursing School recognitions within stipulated timeframe per existing laws.
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