Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
WRIT PETITION NO. 8886 OF 2018 Dr. Zakir Hussain Education Society, Through its Treasurer, Siddiqui Sufiyan Aziz Mohd. Zulfekharoddin, Age : 46 years, Occu. Service, R/o. Altamash Colony, Aurangabad, Tal. & Dist. Aurangabad. …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Director of Medical Education &
Research, Mumbai.
3. The Registrar, Maharashtra Nursing Council, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai.
4. The Director of Maharashtra State Board of Nursing and Para Medical Education, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai. …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar …
ALONG WITH WRIT PETITION NO. 7823 OF 2014 Shri. Ashtavinayak Shikshan Prasarak Mandal, N-11, T. V. Centre, HUDCO, Aurangabad, through its Secretary, Dnyaneshwar S/o. Narayanrao Jadhav, Age : 40 years, Occu. Agri. …. Petitioner Versus
1. The State of Maharashtra through its Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai-32.
2. The Indian Nursing Council, Combined Council Building, Kotla Marg, Temple Lane, New Delhi, through its Secretary.
3. The Maharashtra Nursing Council, E.S.I.C. Hospital Compound, Nurses Hostel, Second Floor, LBS Marg, Mulund (West), Mumbai, through its Registrar.
4. The Maharashtra Nursing and Para Medical Board, through its Registrar, Maharashtra State, Directorate Medical Education and Research, 4th Floor, St. George Hospital Campus, P.D. Melo, Fort, Mumbai-400 001. …. Respondents ...
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2 : Shri Alok Sharma Advocate for Respondent No.3 : Shri C.A. Jadhav ..
ALONG WITH WRIT PETITION NO. 13020 OF 2017 Shivpratap Gramvikas Mandal’s Dnyanai Institute of Nursing School, Karegaon, Tal. & Dist. Parbhani, Through its President. …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Department of Health and Family Welfare, Mantralaya, Mumbai-32.
2. The Registrar, Maharashtra Nursing Council, EISIS Hospital Compound, Nurses Hostel, 2nd Floor, L.B.S. Marg, Mulund (West), Mumbai-400 080.
3. The Secretary, Indian Nursing Council, Combined Council Building, Kotla Road, Temple Lane, New Delhi.
4. Maharashtra Nursing and Para Medical Board, through its Registrar, Maharashtra State, 4th Floor, St. George Hospital Campus, P.D. Melo Road, Fort, Mumbai-400001. …. Respondents …
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar …
ALONG WITH WRIT PETITION NO. 10823 OF 2018 Atmaram Maharaj Sevabhavi Sanstha, through its President, Bhalchandra S/o. Prabhakar Walkikar, Age : 38 years, R/o. Shelgaon (Bk.)
Tq. Ardhapur, Dist. Nanded. …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Director of Medical Education &
Research, Mumbai.
3. The Registrar, Maharashtra Nursing Council, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai.
4. The Director of Maharashtra State Board of Nursing and Para Medical Education, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai. …. Respondents …..
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar ….
ALONG WITH WRIT PETITION NO. 10832 OF 2018 Rajureshwar Shikshan Prasarak Mandal, through its President, Ramesh S/o. Trimbakrao Gawande, Age : 41 years, R/o. Takli (Bhokardan), Post. Baghulgaon, Tal. Bhokardan, District Jalna. …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Director of Medical Education &
Research, Mumbai.
3. The Registrar, Maharashtra Nursing Council, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai.
4. The Director of Maharashtra State Board of Nursing and Para Medical Education, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai. …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar ….
ALONG WITH WRIT PETITION NO. 11641 OF 2018 Gitai Sevabhavi Shikshan Sanstha, Pimpalkautha (MAGARE), Tal. Mudkhed, Dist. Nanded, through its Secretary, Sachin S/o. Shankarrao Magare, Age : 39 years, Occu. Agril., R/o. Pimpalkautha (Magare) …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Director of Medical Education &
Research, Mumbai.
3. The Registrar, Maharashtra Nursing Council, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai.
4. The Director of Maharashtra State Board of Nursing and Para Medical Education, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai. …. Respondents …
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar ….
ALONG WITH WRIT PETITION NO. 13006 OF 2018 Shri. Bhagwanbaba Sevabhavi Sanstha, through its Secretary, Mahadeo S/o. Baliram Munde, Age : 40 years, Occu. Social Work, R/o. Tadsonna, Tal & Dist. Beed. …. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Director of Medical Education &
Research, Mumbai.
3. The Registrar, Maharashtra Nursing Council, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai.
4. The Director of Maharashtra State Board of Nursing and Para Medical Education, 5th Floor, Bombay Mittal Annex, Gunbow Street, Opp. Residency Hotel, D. N. Road, Fort, Mumbai. …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar ….
ALONG WITH WRIT PETITION NO. 9799 OF 2019
1. Shivanjali Bahhudeshiya Sanstha’s Shri. Swami Samarth Nursing School (RANM)
Garkheda Parisar, Tq. & Dist. Aurangabad, through its Secretary, Shri. Shantanu Ranganath Pawar, Age : 33 years, occu. Doctor, R/o. Indraprastha Housing Society, Garkheda Parisar, Tq. & Dist. Aurangabad.
2. Shivanjali Bahhudeshiya Sanstha’s Hudco Nursing School (RANM)
T. V. Centre Road Hudco, Tq. Dist. Aurangabad, through its Secretary, Dr. Shantanu Ranganath Pawar, Age : 33 years, occu. Doctor, R/o. Indraprastha Housing Society, Garkheda Parisar, Tq. & Dist. Aurangabad. …. Petitioners Versus
1. The State of Maharashtra through the Secretary for Medical Education and Drug Department, Mantralaya, Mumbai.
2. The Directorate, Medical Education and Research, Government Dental College and Hospital, 4th Floor, Saint Georges Hospital Compound, Fort, Mumbai-01, through its Director. 3. The Maharashtra Nursing Council, 05th Floor, Bombay Mutual Annex, Gunbow Street, Opposite Residency Hotel, D. N. Road, Fort, Mumbai-400 001.
through its Registrar.
4. Maharashtra State Board of Nursing and Para Medical Education, Govt. Dental College and Hospital Building, St. George’s Hospital Campus, Fort, Mumbai, through its Registrar. …. Respondents ..........
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4 : Shri M.D. Narwadkar .............
ALONG WITH WRIT PETITION NO. 11223 OF 2019 Ajit Pratishthan through its Secretary, Dr. Ajit S/o Raghunathrao Kendre, Age : 45 years, Occu : Medical Practitioner, R/o. Near Bus Stand, Main Road, Parali Vaijnath, Tal. Parli (V), District Beed .. Petitioners Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hosptial Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the Court order dtd.13.09.2019 …. Respondents ..........
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar .............
ALONG WITH WRIT PETITION NO. 11235 OF 2019 Ajit Pratishthan through its Secretary, Dr. Ajit S/o Raghunathrao Kendre, Age : 45 years, Occu : Medical Practitioner, R/o. Near Bus Stand, Main Road, Parali Vaijnath, Tal. Parli (V), District Beed .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the Court order dtd.13.09.2019 …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO. 11246 OF 2019 Kai. Nanasaheb Tatyasaheb Chaudhari Sevabhavi Sanstha, Through its Secretary, Ajay s/o Ashokrao Choudhari Age : 39 years, Occu : Agri, R/o. Bori, Tal. Jintur, District Parbhani .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the
…. Respondents Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO. 11248 OF 2019 Shriram Pratishthan’s, Apurva Nursing Institute, through its Principal, Mohsin Nasrulla Pathan, Age : 32 years, Occu : Service, R/o. Vidya Vihar Sankul, Ravalgaon Road, Selu, Tal. Selu, Dist. Parbhani .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the Court order dtd.13.09.2019 …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO. 11253 OF 2019 Fulabai Munde Mahila Mandal, through its President, Harubai Shankarrao Munde Age : 60 years, Occu ; Household, R/o. Hibbat, Tal. Mukhed, Dist. Nanded .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the Court order dtd.13.09.2019 …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO. 11273 OF 2019 Prabhat Bahuuddeshiya Sevabhavi Sanstha, Through its Secretary, Ashok Annasaheb Kakade, Age : 44 years, Occu : Agri, R/o. Selu, Tal. Selu, Dist. Parbhani .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar .. Deleted as per the
…. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO.11339 OF 2019 Dr. Dahiphale Medical Foundation Trust’s School of Nursing, Through its Principal, Miss. Sunita Digambar Mhaske, Age : 28 years, Occu : Service, R/o. Chunilal Petrol Pump, Old Kamalnayan Bajaj Hospital, Jalna Road, Aurangabad, Dist. Aurangabad .. Petitioner Versus
1. The State of Maharashtra through its Principal Secretary, Medical Education and Research Department, Mantralaya, Mumbai.
2. The Maharashtra State Board of Nursing and Para Medical Education, Through its Registrar, 4th Floor, St. George Hospital Compound, P.D’Mellow Road, Fort, Mumbai
3. The Maharashtra Nursing Council Bombay Mutual Annex, Opp. Residency Hotel, Fort Mumbai, Through its Registrar …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar Advocate for Respondent No.3 : Shri C.A. Jadhav …..
ALONG WITH WRIT PETITION NO. 11424 OF 2019 Swapnapuja Shikshan Sanstha, Through its Secretary, Swapnil S/o. Ramkrishna Jangle, Age: 39 years, Occu : Social Work, R/o. Vishal Nagar, Aurangabad Tal. & Dist. Aurangabad .. Petitioner Versus
1. The State of Maharashtra through the Secretary for Medical Education and Drugs Department Mantralaya, Mumbai
2. The Secretary, Social Justice and Special Assistance Department, Maharashtra State Mumbai
3. The commissioner, Social Welfare Department, Maharashtra State, Mumbai
4. The Director, V.J.N.T., O.B.C. and S.B.C. Social Welfare Department Maharashtra State, Pune – 1.
5. The Regional Deputy Commissioner, Social Welfare Department, Aurangabad Region, Aurangabad 6. The Assistant Commissioner, District Social Welfare Office, Aurangabad …. Respondents ….
Advocate for the Petitioner : Shri S.S. Thombre AGP for Respondent – State : Shri S.B. Yawalkar Advocate for Respondent No.2: Shri M.D. Narwadkar Advocate for Respondent No.3 : Shri C.A. Jadhav …..
ALONG WITH WRIT PETITION NO.11543 OF 2019 Gramin Shikshan Prasarak Mandal’s Padmavati Nursing School (RGNM)
N-11, A Sector, Plot No.32, Sudarshan Nagar, T.V. Center, Dist. Aurangabad Through its President Santosh s/o Tulshiram Salve, Age : 39 years, Occu : Service, R/o. Plot No.1 Safalya Nagar, Harsool T- Point, Aurangabad .. Petitioner Versus
1. The State of Maharashtra through the Secretary for Medical Education and Drug Department Mantralaya Mumbai -32
2. The Directorate, Medical Education and Research, Government Dental College and Hospital, 4th Floor, Saint Georges Hospital Compound fort, Mumbai – 01 Through its Director
3. The Maharashtra Nursing Council, 5th Floor, Bombay Mutual Annex, Gunbow Street, Opposite Residency Hotel, D.N. Road, Fort, Mumbai 400 001 Through its Registrar
4. Maharashtra Nursing and Paramedical Education State Board, Govt Dental College and Hospital Building, St. George’s Hospital Campus, Fort, Mumbai through its Registrar …. Respondents ….
Advocate for the Petitioner : Shri N.D. Sonwane AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO.11549 OF 2019 Chatrapati Shahu Education Society’s Subhadra Institute Nursing School (RANM)
Panchpimpli, Post Koheborgaon, Tq. Biloli, Dist. Nanded Through its President Krishnarao Kondbarao Bhise Age : 52 years, Occu : Pensioner, R/o. Subhadra Building behind Akshay Plaza Tilak Nagar, Tq. and Dist. Nanded .. Petitioner Versus
1. The State of Maharashtra through the Secretary for Medical Education and Drug Department Mantralaya Mumbai -32
2. The Directorate, Medical Education and Research, Government Dental College and Hospital, 4th Floor, Saint Georges Hospital Compound fort, Mumbai – 01 Through its director
3. The Maharashtra Nursing Council, 5th Floor, Bombay Mutual Annex, Gunbow Street, Opposite Residency Hotel, D.N. Road, Fort, Mumbai 400 001 Through its Registrar
4. Maharashtra Nursing and Paramedical Education State Board, Govt Dental College and Hospital Building, St. George’s Hospital Campus, Fort, Mumbai through its Registrar …. Respondents ….
Advocate for the Petitioner : Shri N.D. Sonwane AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4: Shri M.D. Narwadkar …..
ALONG WITH WRIT PETITION NO.11573 OF 2019 Shrikant Charitable Trust’s Kalpana Chawal Nursing School (RANM)
Shriramnagar, Parbhani, Dist. Parbhani Through its Secretary Chandan Shrihari Patil Age : 46 years, Occu : Service, R/o. At Sonwala, Post- Magrul, Tq. Jalkot, Dist. Parbhani .. Petitioner Versus
1. The State of Maharashtra through the Secretary for Medical Education and Drug Department Mantralaya Mumbai -32
2. The Directorate, Medical Education and Research, Government Dental College and Hospital, 4th Floor, Saint Georges Hospital Compound fort, Mumbai – 01 Through its Director
3. The Maharashtra Nursing Council, 5th Floor, Bombay Mutual Annex, Gunbow Street, Opposite Residency Hotel, D.N. Road, Fort, Mumbai 400 001 Through its Registrar
4. Maharashtra Nursing and Paramedical Education, State Board.
Govt Dental College and Hospital Building, St. George’s Hospital Campus, Fort, Mumbai through its Registrar …. Respondents ….
Advocate for the Petitioner : Shri N.D. Sonwane AGP for Respondents – State : Shri S.B. Yawalkar Advocate for Respondent No.3 : Shri C.A. Jadhav Advocate for Respondent No.4: Shri M.D. Narwadkar …..
CORAM: S. V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.
DATE : 05TH NOVEMBER, 2019
['THOMBRE S S', 'COPY SERVED ON GP', '', 'JADHAV CHANDRAKANT A', 'C A JADHAV', 'G P', 'SHARMA ALOK M']
ORAL ORDER :
1. It is contended by the learned Advocate for the petitioners that, the petitioners in all these writ petitions are issued with the Essentiality Certificate by the State Government. The Essentiality Certificate is acted upon. The permission is also granted by the Maharashtra Nursing Council (MNC) at the relevant time. Pursuant thereto, all these institutions have started the course of RANM/RGNM. Only because the permission of the Indian Nursing Council was insisted, the course could not be continued further after 2016-17.
2. Mr. Thombre, the learned counsel for the petitioners submits that, this court in Writ Petition No.11260 of 2017 under its Judgment and Order dated 09.10.2017 has held that, it is not necessary to obtain the permission of the Indian Nursing Council.
3. Mr Thombre, the learned counsel for the petitioners submits that, once the Essentiality Certificate has been granted and the same is acted upon, the permission is granted by the MNC, it is not necessary to obtain fresh Essentiality Certificate. From the year 2018-2019 in place of Maharashtra Nursing Council, the Board of Nursing and Para Medical Education came into existence (hereinafter referred to as the "Board"). It will not be necessary for the petitioner to again obtain the permission from the Board. The learned counsel further submits that, the insistence of the Board to obtain the fresh permission if the permission is not obtained from the Indian Nursing Council before 2017, is erroneous. The same would not be in conformity with the Judgment of the Division Bench of this Court in Writ Petition No. 11260 of 2017. The learned counsel for the petitioners does not dispute that, the petitioners are required to obtain affiliation from the Board every year. The learned counsel submits that, all these petitioners have paid the affiliation fees to the Board. The inspection has been carried out pursuant to the interim orders of this Court. In view of that, the respondents be directed to grant affiliation to the petitioners and the petitioners be allowed to admit the students.
4. Mr. Yawalkar, the learned Addl. Government Pleader submits that, the guidelines are issued as per the Government Resolution dated 13.07.2018. The learned Addl. Government Pleader relied upon clauses 4 and 6 of part ‘B’ of G.R. dtd.13.07.2018 and submits that, in case the Indian Nursing Council has granrted approval to the proposal of the petitioners prior to 11.09.2017, then the same shall be considered as final and there would be no need for fresh permission. However, if the institutions do not have the permission of the Indian Nursing Council prior to 11.09.2017, then the Institutions are required to apply afresh to the Board. The learned Addl. Government Pleader further submits that, the permission that was granted to these institutions were provisional permissions for the particular academic year. No final permission was granted to these institutions. As such, these institutions cannot claim any vested right. The petitioners will be required to abide by the clauses of Govt. Resolution dated 13.07.2018. The period of Essentiality Certificate has also come to an end. As the period of Essentiality Certificate came to an end, they are required to apply afresh to the Board. Mr Yawalkar, the learned AGP submits that, there is distinction between recognition and affiliation. The affiliation granted to the petitioners will be applicable to the particular year.
5. Mr Narwadkar, the learned counsel for the Board submits that, the respondents are bound by the conditions enumerated under the Govt. Resolution dated 13.07.2018. Moreover, the perspective plan has been prepared wherein the necessity of the Nursing courses has been detailed. The petitioners-Institutions are not considered in the said list and if the petitioners are directed to be given affiliation or permission, then the whole perspective plan would be defeated.
6. We have considered the submissions.
7. It appears that, all
