State Nursing Councils cannot require recognition from the Indian Nursing Council for registration, affirming the right to practice nursing across states under Article 19(1)(g).

CAV ORDER

1. The Petitioners are before this Court seeking for the following reliefs:

1. Direction to the Respondent No.2, to grant reciprocal registration to the students of the Petitioner Associations in terms of the order dated 22.01.2019 in Civil Appeal No.958/2019 ;

2. Direct the Respondent No.2, not to insist on the grant of recognition or otherwise of the institutions under the Petitioner Association from the Indian Nursing Council for grant of reciprocal registration to the students of the petitioner associations;

3. Direct the Respondent No.1 to intimate all the State Nursing Councils not to mandate INC affiliation/recognition in light of the Order passed by the Hon’ble Supreme Court in Civil Appeal arising out of Special Leave Petition (C) No.9/2014, further in the order passed by the Hon’ble High Court of Karnataka in WP Nos.25355-25357/2017 dated 24.07.2017;

4. Direct the Respondent No.2 to permit the Petitioner No.1 and 2 to register themselves in the Register of Nurses and to enable them to practice nursing in the state of Kerala;

5. Direct the Respondent No.2 to consider the Application, Annexure-A1 and A2, dated 11.04.2024 respectively and requisitions filed by the Petitioner No.1 and 2.

6. Pass such other orders and directions that this Hon’ble court deems fit in the interest of justice and equity.

2. The brief facts of the case are;

2.1. Petitioner No.3 is a College of Nursing, Petitioner No.4 is an Association of Nursing Colleges, Petitioner No.5 is an Association of Nursing Students and Nursing Graduates and Petitioner Nos. 1 and 2 are nurses.

2.2. Petitioners No.1 and 2 claim to have completed their education in BSc. Nursing from Petitioner No.3 College in the year 2023 and have been registered with Respondent No.3. The petitioners, intending to practice their profession in Kerala, submitted an application to Respondent No.2, Kerala Nurses and Midwives Council, for registering themselves.

2.3. On 11.04.2024, in response thereto, Respondent No. 2, via e-mail, called upon the petitioner to submit their INC (Indian Nursing Council) registration/affiliation of the Nursing Institution from where they had completed their education in B.Sc. Nursing. The petitioners informed Respondent No.2, that there is no recognition required from INC and, as such, called upon Respondent No.2 to process their applications.

2.4. Petitioners No.1 and 2 had also approached Petitioner No.3 College, Petitioner No.4 Association, and Petitioner No.5 Association of Students, to intervene and resolve the issue so as to enable the petitioners to practice in Kerala. However, the intervention of Petitioners No.3 to 5 also did not yield any results.

2.5. It is in those circumstances that the petitioners are before this court seeking for the aforesaid reliefs.

3. The submission of Sri. Nitin A.M., learned counsel for the petitioners is that;

3.1. Petitioner No.1 and 2, having completed their BSc. Nursing and Petitioner No.3 College, which is recognized by Respondent No.3, Karnataka State Nursing Council, Respondent No. 2, Kerala Nurses and Midwives Council, could not reject the claim of the petitioner to practice their trade and profession in the State of Kerala.

3.2. Insistence by Respondent No.2, on recognition or registration from the Indian Nursing Council, is completely bereft of merits and without any basis, no such insistence could be made by Respondent No.2. Petitioner No.3 College, being registered and recognized by the Respondent No.3 Karnataka State Nursing Council, Respondent No.3, conducting the courses as per the syllabus of Respondent No.1, the degree secured by Petitioners No.1 and 2 ought to have been recognized by Respondent No.2, and they be taken on the roll of Respondent No.2 so as to enable them to practice their trade and profession in the State of Kerala.

3.3. Any degree of Nursing granted by any college in the country affiliated to respective State Nursing Councils ought to be recognized by any other Nursing Council of any other Sta