Madhya Pradesh High Court
Varsha vs Madhya Pradesh State Nursese ... on 27 November, 2017
1
W.P. No. 6348/2017
(Varsha and others Vs. Madhya Pradesh State Nurses Registration Council and others)
Gwalior, 27.11.2017
Shri Nitin Agrawal, learned counsel for the
petitioners.
Shri Vivek Khedkar, learned counsel for the
respondent No.1.
Petitioners claiming themselves to be the students of respondent No. 3 prosecuting their studies for the Auxiliary Nurse Midwives course have filed this writ petition seeking direction to the respondents to enroll/ register and permit them to participate in the examination to be conducted in December, 2017.
To ascertain as to whether these petitioners have been admitted through proper procedure laid down under the statute, the petitioners by order dated 20/09/2017 were called upon to file affidavit stating therein the mode of admission in respondent No. 3 College. On 10/10/2017, petitioner No. 1 filed an affidavit but did not disclose the procedure adhered to for admission. Instead list of documents containing syllabus and regulations: Diploma in General Nursing and Midwifery: Revised 2015 has been filed. The petitioners however failed to establish therefrom the procedure adhered to for admission to the ANM course.
Furthermore, the syllabus and the regulation brought on record does not indicate as to statutory provisions whereunder the Indian Nursing Council has framed the same. And whether it has any authority in 2 law to do so. Whereas, the fact is that in the State of Madhya Pradesh, it is the Madhya Pradesh Upcharika, Prasavika, Sahai Upcharika Prasavika Tatha Swasthya Paridarshak Registrikaran Adhiniyam, 1972, enacted to consolidate the laws relating to registration of Nurses, Midwives, Auxiliary Nurse-midwives and Health Visitors in Madhya Pradesh and to make provision for the constitution of Nurses Registration Council for the State and for matters connected therewith governs the field. The Act received the assent of the President on 06th November, 1973, published in Madhya Pradesh Gazette Extraordinary dated 15/11/1973.
Section 2(a) of 1972 Adhiniyam defines "Council" to mean "the Madhya Pradesh Nurses Registration Council established under Section 3."
Section 2(c) of 1972 Adhiniyam defines "recognized qualification" to mean "any of the qualifications included in the Schedule to the Indian Nursing Council Act, 1947 (No. 48 of 1947)."
Section 3 of 1972 Adhiniyam envisages incorporation of Nurses Registration Council. It stipulates:
"3. Incorporation of Nurses Registration Council.- (1) The State Government shall, as soon as may be, establish, by a notification, a Nurses Registration Council with effect from such date as may be specified therein.
(2) The Council shall be a body corporate by the name of the Madhya Pradesh Nurses Registration Council and shall have perpetual succession and a common seal with power to acquire and hold property both movable and immovable, and subject to the provisions made under this Act, to transfer any 3 property held by it and to contract and do all other things necessary for the purposes of its constitution and may sue or be sued in its corporate name."
Section 14 of 1972 Adhiniyam provides for:
"14. State Register.-
(1) The Council shall cause to be maintained in the prescribed manner a register of,-
(i) Nurses,
(ii) Midwives,
(iii) Auxiliary Nurse-Midwives, and
(iv) Health Visitors, resident in Madhya Pradesh who are eligible for enrolment under Section 15 to be known as State Register.
(2) It shall be the duty of the Registrar of the Council to keep the State Register in accordance with the provisions of the Act and of any orders made by the Council, and from time to time revise the register in the prescribed manner and publish it in the Gazette.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a copy published in the Gazette.
Section 15 of 1972 Adhiniyam stipulates that person possessing recognized qualification shall be eligible for enrollment on the State Register.
Section 16 stipulates privileges of registration that subject to the conditions and restrictions laid down in the Adhiniyam 1972 regarding practicing as nurse, midwife, auxiliary nurse-midwife, or health visitor by person possessing certain recognised qualifications every person whose name is for the time being borne on the State Register shall be entitled, according to his qualifications to practice in the State as a nurse, midwife, auxiliary nurse-midwife or health visitor, as the case may be, and to recover in due course of law in respect of such practice any 4 fees to which he may be entitled.
Sub-section (2) of Section 16 of Adhiniyam 1972 stipulates that no person other than a registered nurse, midwife, auxiliary nurse-midwife or health visitor shall be eligible to hold any appointment as nurse, midwife, auxiliary nurse-midwife or health visitor in any hospital, asylum, infirmary, dispensary, maternity or child welfare centre or any other medical or public health institution.
Section 17 of 1972 Adhiniyam confers powers in the Council to prohibit the entry or to direct renewal from State Register on the happening of the events mentioned therein.
Part IV of Adhiniyam 1972 provides for Training Institution.
Section 24 of the Adhiniyam 1972 stipulates:
"24. Training Institutions.-
(1) The institutions which are approved and recognised by the Council after inspection by its representative shall be competent to train nurses, midwives, auxiliary nurse-midwives or health visitors, and to send them for examination for the qualifying certificates of the Council. (2) The council may withdraw recognition from any such institution after its inspection by a representative of the Council. The order of such withdrawal shall be in writing and shall be served in the prescribed manner:
Provided that no recognition shall be withdraw without giving an opportunity to the authorities in- charge of the institution from being heard. (3) No school, hospital or other institution which is not approved and recognised under this section shall issue to any person a certificate or enter the name of any person in any document purporting to show that such person is qualified by reason of his having passed any examination or undergone any course of training to practise as a nurse, midwife, 5 auxiliary nurse-midwife or health visitor, unless his name is registered or entered in the list under this Act."
(4) Any person who contravenes the provisions of sub-section (3) shall on conviction, be punished with fine which may extend to Rs. 500.
(5) Where a person committing an offence under this section is a company or other body corporate or an association of persons (whether incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
Thus it is the Council constituted under Section 3 of 1972 Adhiniyam under Section 24(1) is empowered to approve and recognize the institution competent to train nurses, midwives, auxiliary nurse-midwives or health visitors and to send them for examination for the qualifying certificates.
In the case at hand, as evident from the proceedings and documents filed by the petitioners that respondent No. 3 has been granted the recognition by Indian Nursing Council which is not an authority under Adhiniyam 1972 to issue recognition to training institutions to impart courses in nurse, midwife, auxiliary nurse-midwife or health visitor. Therefore, none consideration of enrollment of the petitioners cannot be faulted with as the institution in which they are carrying out the studies is not an institution recognized under the Act of 1972 and the Regulation made thereunder. In view whereof, the relief as claimed by the petitioners since cannot be granted, petition fails and dismissed.
6However, before closing the matter, we direct the Secretary, Department of Medical Education to cause an enquiry in respect of statutory status of all such colleges imparting nurse, midwife, auxiliary nurse-midwife or health visitor courses and if it is found that there is no recognition in favour of these institutions from the Council under the Act of 1972 and the Regulations made thereunder. Let an action be initiated for closure of such Institutions after taking recourse to law. Let the enquiry be conducted within three months from the date of communication of this order and an enquiry report be furnished on or before 31st March, 2018. Till then, the Indian Nursing Council
- respondent No. 2 is prohibited from issuing recognition certificate to conduct the courses in nurse, midwife, auxiliary nurse-midwife or health visitor in the State of Madhya Pradesh.
Let this matter be posted on 04th of April, 2018 for reporting compliance.
Subject to above, the petition stands disposed of.
Let the copy of this order be sent through E-mail and Fax to the Secretary, Medical Education, Government of Madhya Pradesh for follow up action.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
shubh*
Digitally signed by SHUBHANKAR MISHRA
SHUBHANKAR MISHRA
DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=HIGH COURT OF M.P. BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=e1f45241b0d8e47d03567942a7e835e2631b7c3ff747e97afd6840fdaafb8d3a, cn=SHUBHANKAR MISHRA Date: 2017.12.04 10:55:05 +05'30'