Karnataka High Court
The Karnataka State vs The Union Of India on 24 July, 2017
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24th DAY OF JULY, 2017
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION NOS.25355-25357/2017 (EDN-RES)
C/W
W.P.NOS. 28383-385/2017 (EDN-RES) ,
W.P.NO. 28705/2017 (EDN-REG-P),
W.P.NOS. 26625-26627/2017 (EDN-RES),
W.P.NOS. 28378-28382/2017(EDN-RES),
W.P.NOS. 27478-27507/2017 (EDN-RES)
IN W.P.Nos.25355-25357/2017
BETWEEN:
1. THE KARNATAKA STATE
ASSOCIATION OF THE MANAGEMENT
OF NURSING AND ALLIED HEALTH
SCIENCE INSTITUTIONS
HAVING ITS REGISTERED OFFICE AT
NO.7380, DADAPEER LAYOUT, NH-4,
NELAMANGALA , BANGALORE - 562 123
REPRESENTED BY ITS PRESIDENT
SRI S SHIVAKUMAR
2. K M J COLLEGE OF NURSING
OPP. MALLATHAHALLI BUS STOP
BANGALORE 560056
REPRESENTED BY ITS PRINCIPAL
SRI K P PREMJITH
2
3. HARSHA COLLEGE OF NURSING
HARSHA HOSPITAL CAMPUS
NO.193/4, SONDEKOPPA CIRCLE
NH-4, NELAMANGALA
BANGALORE - 562 123
REPRESENTED BY ITS PRINCIPAL
SMT JACINTHA R MARIYAPPA ... PETITIONERS
(BY SRI.NANJUNDA REDDY, SR. COUNSEL FOR
SRI.KRISHNA T, ADV.)
AND:
1. THE UNION OF INDIA
MINISTRY OF HEALTH FAMILY WELFARE
NIRMAN BHAWAN
NEW DELHI
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER
PLOT NO.2, COMMUNITY CENTER
OKHLA PHASE - 1,
NEW DELHI - 110002
REPRESENTED BY ITS SECRETARY
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BANGALORE 5600011
REPRESENTED BY ITS REGISTRAR
4. THE KARNATAKA STATE NURSING COUNCIL
ANAND RAO CIRCLE , BANGALORE 560009
REPRESENTED BY ITS REGISTRAR
... RESPONDENTS
(BY SRI.KRISHNA S DIXIT, ASG FOR R1;
SRI.SHIVARUDRA, ADV. FOR R2;
3
SRI.N.K.RAMESH, ADV. FOR R3;
SMT.SUMANA BALIGA, ADV.FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE INDIAN NURSING COUNCIL, R-2 HEREIN,
HAVE NO AUTHORITY TO GRANT RECOGNITION TO THE
INSTITUTIONS IMPARTING NURSING COURSE SUCH AS
AUXILIARY NURSE AND MIDWIFE COURSE [ANM], GENERAL
NURSING AND MIDWIFERY[GNM], BACHELOR OF NURSING
[BSC] AND MASTER OF NURSING [MSC] AND ETC.,.
IN W.P.Nos.28383-28385/2017
BETWEEN:
1. ROOHI COLLEGE OF NURSING
NEAR KANNUR VILLAGE HENNUR,
BAGALUR MAIN ROAD,
BANGALORE - 562 149
REPRESENTED BY ITS SECRETARY,
SRI ALI KHAN
2. ROOHI SCHOOL OF NURSING
NEAR KANNUR VILLAGE, HENNUR,
BAGALUR MAIN ROAD,
BANGALORE-562 149
REPRESENTED BY ITS SECRETARY,
SRI ALI KHAN
3. THRUPTI INSTITUTE OF NURSING
SY NO.106/1, NEAR KOTHNUR,
HENNUR MAIN ROAD, BYRATHI CROSS,
BANGALORE - 560 077
REPRESENTED BY ITS PRINCIPAL
SRI.NIRANJAN ... PETITIONERS
(BY SRI.ASHOK HARANAHALLI, SR. COUNSEL FOR
4
SRI.BHADRINATH R, ADV.)
AND:
1. THE UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NIRMAN BHAWAN
NEW DELHI
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH & FAMILY WELFARE
MEDICAL EDUCATION,
M.S. BUILDING,
BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. THE INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER,
PLOT NO.2., COMMUNITY CENTER,
OKHLA PHASE - I,
NEW DELHI-110002
REPRESENTED BY ITS SECRETARY
4. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 011
REPRESENTED BY ITS REGISTRAR
5. THE KARNATAKA STATE NURSING COUNCIL
ANAND RAO CIRCLE, BANGALORE - 560 009
REPRESENTED BY ITS REGISTRAR
... RESPONDENTS
(BY SRI.KRISHNA S DIXIT, ASG FOR R1;
SRI.A.S.PONNANNA, AAG A/W
SRI.R.B.SATYANARAYANA SINGH, AGA FOR R2
SRI.SHIVARUDRA, ADV. FOR R3;
5
SRI.N.K.RAMESH, ADV. FOR R4;
SMT.SUMANA BALIGA, ADV.FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE INDIAN NURSING COUNCIL, R-3 HEREIN TO REMOVE
FORTHWITH, ALL MATERIALS PUBLISHED IN THEIR WEBSITE,
INCLUDING THE MATERIALS DETAILED IN ANNX-A, WHICH
INDICATE THAT THE NURSING INSTITUTIONS/COLLEGES AND
NURSING SCHOOLS IMPARTING NURSING COURSES HAVE TO
OBTAIN RECOGNITION FROM R-3 AND ETC.,.
IN W.P. NO. 28705/2017
BETWEEN:
KEMPEGOWDA COLLEGE OF NURSING
K R ROAD, V V PURAM
BENGALURU - 560 004
REPRESENTED BY ITS GENERAL SECRETARY
RAJYA VOKKALIGARA SANGHA
SRI PROF. M NAGARAJ ... PETITIONER
(BY SRI.M R VIJAYA KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
REPRESENTED BY ITS SECRETARY
2. INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE
PLOT NO.2, COMMUNITY CENTRE
OKLA PHASE-1
6
NEW DELHI - 110 020
REPRESENTED BY ITS SECRETARY
3. KARNATAKA STATE NURSING COUNCIL
NO.17, A STREET
6TH CROSS, GANDHI NAGAR
BENGALURU - 560 090
REPRESENTED BY ITS REGISTRAR
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU - 560 011 ... RESPONDENTS
(BY SRI.A.S.PONNANNA, AAG A/W
SRI.R.B.SATYANARAYANA SINGH, AGA FOR R1
SRI.SHIVARUDRA, ADV. FOR R2;
SMT.SUMANA BALIGA, ADV.FOR R3;
SRI.N.K.RAMESH, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED COMMUNICATIONS DTD 14.12.2016 AND THE
COMMUNICATION ISSUED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL
EDUCATION) 17.05.2017 ISSUED BY THE R-1 VIDE ANNX-G AND
O RESPECTIVELY.
IN W.P. NOS.26625-26627/2017
BETWEEN:
1. THE STUDENT NURSES' ASSOCIATION OF
THE TRAINED NURSES' ASSOCIATION OF INDIA,
KARNATAKA CHAPTER,
NO.205, 2ND FLOOR,
"MAHAVEER NEST",
VEMANA CHARITABLE TRUST,
DEVARACHIKKANAHALLI,
7
BANGALORE - 560 076,
REP. BY ITS ADVISER,
DR. K. RAMU.
2. SRI. GAGAN SRIVATSAVA. A
AGED ABOUT 19 YEARS,
S/O. ASHOK KUMAR LAL,
1ST YEAR B.SC., NURSING STUDENT,
DR. AMBEDKAR COLLEGE OF NURSING,
NO.24, DR. B.R. AMBEDKAR MEDICAL COLLEGE
& HOSPITAL CAMPUS,
KADUGONDANAHALLI,
BENGALURU-560 045.
3. MISS.SABINA KARKI
AGED ABOUT 20 YEARS,
D/O. BHUVAN KARKI,
2ND YEAR B.SC., NURSING STUDENT,
M.V.J. COLLEGE OF NURSING,
30TH KM MILESTONE, DANDUPALYA,
NATIONAL HIGHWAY-4,
KOLATHUR POST,
HOSKOTE, BANGALORE-562 114. ... PETITIONERS
(BY SRI.RAJENDRA KUMAR SUNGAY T P, ADV.)
AND:
1. STATE OF KARNATAKA
DEPT. OF HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION),
M.S. BUILDING,
BANGALORE-560 001,
REP. BY ITS PRINCIPAL SECRETARY.
2. INDIAN NURSING COUNCIL
NEW KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
8
REP. BY ITS SECRETARY.
3. KARNATAKA STATE NURSING COUNCIL
NO.17, A STREET, 6TH CROSS,
GANDHINAGAR,
BANGALORE-560 009,
REP. BY ITS REGISTRAR.
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR,
BANGALORE-560 011,
REP. BY ITS REGISTRAR.
5. THE KARNATAKA STATE ASSOCIATION OF
THE MANAGEMENT OF NURSING AND
ALLIED HEALTH SCIENCE INSTITUTIONS
HAVING ITS REGISTERED OFFICE AT
NO.7380, DADAPEER LAYOUT, NH-4
NELAMANGALA, BANGALORE- 562 123
(AMENDED CAUSE TITLE VIDE C/O
DATED : 29.06.2017)
... RESPONDENTS
(BY SRI.A.S.PONNANNA, AAG A/W
SRI.R.B.SATYANARAYANA SINGH, AGA FOR R1
SRI.SHIVARUDRA, ADV. FOR R2;
SMT.SUMANA BALIGA, ADV.FOR R3;
SRI.N.K.RAMESH, ADV. FOR R4;
SRI.ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI.KRISHNA T , ADV. FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATIONS DTD.14.12.2016 AND 17.5.2017
ISSUED BY THE R-1 VIDE ANNEX-D AND K RESPECTIVELY AND
ETC.,.
9
IN W.P. Nos.28378-28382/2017
BETWEEN:
1. ARUNA COLLEGE OF NURSING
RING ROAD MARALUR,
TUMKUR - 572 105
REP BY ITS INCHARGE PRINCIPAL,
MR.JAGADEESH M
2. ASHWINI COLLEGE OF NURSING
RING ROAD, MARALUR,
TUMKUR-572 105,
REP. BY ITS PRINCIPAL,
PROF. MRS. SUNEETHA C.J.
3. VARADARAJA COLLEGE OF NURSING,
TUMKUR - 572 105,
REP BY ITS PRINCIPAL,.
SRI G.MADANAPRASAD.
4. SRIDEVI COLLEGE OF NURSING
N.R. EXTENSION,
LINGAPURA, SIRA ROAD,
TUMKUR,
REP. BY ITS PRINCIPAL, DR.K.RAMU.
5. SRI.RAMANA MAHARSHI INSTITUTE
OF NURSING, MARALENAHALLI,
SIRA ROAD, TUMKUR-06
REP BY ITS PRINCIPAL.
SRI.S.ESWARAPPA. ... PETITIONERS
(BY SRI.RAJENDRA KUMAR SUNGAY T P, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPT. OF HEALTH AND FAMILY WELFARE,
10
(MEDICAL EDUCATION),
MS BUILDING,
BANGALORE-560 001.
REP. BY ITS PRINCIPAL SECRETARY
2. INDIAN NURSING COUNCIL
NEW KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002
REP. BY ITS SECRETARY.
3. KARNATAKA STATE NURSING COUNCIL
NO.17, A STREET, 6TH CROSS,
GANDHINAGAR,
BANGALORE-560 009
REP. BY ITS REGISTRAR.
4. RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, 4TH T BLOCK,
JAYANAAR,
BANGALORE-560 011.
REP. BY ITS REGISTRAR. ... RESPONDENTS
(BY SRI.A.S.PONNANNA, AAG A/W
SRI.R.B.SATYANARAYANA SINGH, AGA FOR R1
SRI.SHIVARUDRA, ADV. FOR R2;
SMT.SUMANA BALIGA, ADV.FOR R3;
SRI.N.K.RAMESH, ADV. FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATIONS DT.14.12.2016 & 17.5.2017 ISSUED BY
THE R-1 VIDE ANNX-C & J RESPECTIVELY. DIRECT THE R-2 TO
CONSIDER THE APPLICATIONS OF PETITIONER INSTITUTIONS
TO RENEW/CONTINUE THE RECOGNITION FOR THE ACADEMIC
YEAR 2017-18 UNDER THE PROVISIONS OF INC ACT, 1947 AND
ETC.,.
11
IN W.P.NOS.27478-27507/2017
BETWEEN:
1. ADICHUNCHANAGIRI COLLEGE OF NURSING
B.G.NAGAR -571 448
NAGAMANGALA TALUK,
MANDYA DISTRICT,
REPRESENTED BY ITS PRINCIPAL,
SRI.K.G.VIJAYAKUMARA.
2. NINS COLLEGE OF NURSING
ALSO KNOWN AS NANJAPPA INSTITUTE
OF NURSING SCIENCES AND COLLEGE OF NURSING,
SAGAR ROAD, GADHIKOPPA,
SHIVAMOGGA-577 205
REPRESENTED BY ITS PRINCIPAL
DR.UMA.G
3. UNIVERSAL COLLEGE OF NURSING
NIRMALARAM CAMPUS
ARAKERE, IAM-BPO
BANNERGHATTA ROAD,
BANGALORE - 560 076.
4. DR.AMBEDKAR INSTITUTE OF NURSING
NO.24, DR.B.R.AMC CAMPUS
KADUGONDANAHALLI,
BENGALURU-560 045
REPRESENTED BY ITS CHAIRMAN,
DR.N.T.MURALI MOHAN.
5. ATHENA COLLEGE OF NURSING
ATHENA HOSPITAL COMPLEX,
FALNIR ROAD, MANGALORE-575 001
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI.R.SHETTIAN.
12
6. SRINIVASA INSTITUTE OF NURSING
SRINIVASA CAMPUS,
MERLAPADAV VALACHIL
ADYA ARKULA BUNDER
MANGALORE-575 001
REPRESENTED BY ITS VICE PRESIDENT,
DR.A.SRINIVAS RAO.
7. NDRK COLLEGE OF NURSING
B.M.ROAD,
HASSAN-573 201
REPRESENTED BY ITS PRINCIPAL
PROF. BERNICE MARGARET
8. ZULEKHA COLLEGE OF NURSING
ZULEKHA COMPLEX,
B.B. ALABI ROAD, BANDARU
MANGALORE-575 001
REPRESENTED BY ITS DIRECTOR,
DR.THAHIR MOHAMMED
9. AECS MAARUTI COLLEGE & SCHOOL OF NURSING
NO.99, KAMMANAHALLI ROAD,
OFF BANNERGHATTA ROAD,
BANGALORE - 560 076
REPRESENTED BY ITS PRINCIPAL
PROF. P.GIRIJAMBA DEVI
REPRESENTED BY ITS ADMINISTRATOR,
FR.VARGHESE KOCHUPARABIL
10. GOUTHAM COLLEGE AND
SCHOOL OF NURSING,
258, 5TH MAIN ROAD, 1ST STAGE,
WEST OF CHORD ROAD,
MANJUNATH NAGAR, RAJAJI NAGAR,
BENGALURU-560 010
BANGALORE
REPRESENTED BY ITS SECRETARY
DR.A.T.S. GIRI.
13
11. RAJEEV COLLEGE OF NURSING
KRISHNARAJAPURA,
HASSAN-573 201
REPRESENTED BY ITS PRINCIPAL MRS.JACINTA.
12. MANGALA COLLEGE/SCHOOL OF NURSING
KIADB INDUSTRIAL AREA
KATTIHALLI, B.M.ROAD,
HASSAN-573 201
REPRESENTED BY ITS PRINCIPAL
PROF. AMALA
13. ETCM COLLEGE OF NURSING
GOWRIPET, KANAKANAPALYA,
KOLAR, KARNATAKA-563 101
KOLAR
REPRESENTED BY ITS PRINCIPAL
MR.CHRISTOPHER DAVID
14. ST.JOHNS INSTITUTE OF NURSING
NO.6, PAPIREDDYPALYA
NAGARABHAVI II STAGE,
BANGALORE-560 072
REPRESENTED BY ITS PRINCIPAL
PROF. GLADIES VIOLA
15. SREE VENKATESHWARA COLLEGE OF NURSING
G.G.FARM, DASANAPURA, NH-4,
TUMKUR ROAD, BANGALORE-562 123
REP. BY ITS DIRECTOR
DR.JAYASHREE K.KUMAR.
16. SIDDHARTHA COLLEGE OF NURSING
AGALAKOTE
TUMKUR-572 107
REP. BY ITS PRINCIPAL
DR.G.SUJATHA.
14
17. GANGOTHRI ACADEMY OF NURSING EDUCATION
VENKATESHWARA NILAYA
RAJEEV GANDHI NAGAR,
VISHWANEEDAM POST,
BANGALORE-560 091
REP. BY ITS PRINCIPAL
DR.RESMI J
18. VIDYA COLLEGE OF NURSING
NH-17, KOPPALANGADI
KAPU-574 106
REPRESENTED BY ITS MANAGING TRUSTEE
MR.LEVIN D SOUZA.
19. UDUPI COLLEGE OF NURSING
NH-17, KARAVALI HOTEL COMPLEX
ADI UDUPI-576 103
REP. BY ITS PRINCIPAL/CHAIRMAN
MRS. LEVIN D SOUZA.
20. NANJAPPA TRUST
ON BEHALF OF NANJAPPA TRUST SCHOOL OF NURSING,
SAGA ROAD, GADHIKOPPA,
SHIVAMOGGA-577 205
REPRESENTED BY ITS TRUSTEE,
DR.AVINASH D.B.
21. KLE SOCIETY
ON BEHALF OF KLE INSTITUTE OF NURSING
SCIENCES IN BELGAVI/HUBLI/ANKOLA/DANDELI
KPTCL COLONY, NEHRU NAGAR ROAD,
NEHRU NAGAR,
BELAGAVI-590 010
REPRESENTED BY ITS SECRETARY DR.B.G.DESAI.
22. MANGALA CHARITABLE TRUST
ON BEHALF OF MANGALA COLLEGE AND
SCHOOL OF NURSING VAJRA HILLS, KADRI ROAD, KADRI
MANGALORE-575 003
15
REPRESENTED BY ITS CHAIRMAN &
MANAGING TRUSTEE DR.GANAPATHI P
23. K.PANDYARAJAH BALLAL CHARITABLE TRUST
NO.2456, KAMALA KUNJ,
SUBHAS NAGAR,
SOMESHWARA ROAD,
ULLALA, MANGALORE-575 020
REPRESENTED BY ITS MANAGING TRUSTEE,
DR.PRIYA BALLAL K.
24. AMARSHANTH CHARITABLE TRUST (R)
PADMANABHA TEMPLE ROAD,
KUDUPU
MANGALORE-575 025
REPRESENTED BY ITS MANAGING TRUSTEE
DR.M.SHANTHARAM SHETTY
25. CITY EDUCATIONAL TRUST (R)
ON BEHALF OF VIDYARATHNA SCHOOL &
COLLEGE OF NURSING,
CITY HOSPITAL CAMPUS
VIDYARANYA MARG
UDUPI-576 101
REPRESENTED BY ITS CHAIRMAN
DR.M.VISHWANATH SHANBHAG.
26. VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
ON BEHALF OF VYDEHI INSTITUTE OF NURSING SCIENCES
NO.82, NALLUNHALLI
NEAR BMTC 8TH DEPOT
WHITE FIELD
BANGALORE-560 066
REPRESENTED BY ITS DIRECTOR
SMT.KALAPPA D.A.
27. SOUTH EAST ASIAN EDUCATIONAL TRUST (R)
ON BEHALF OF SOUTH EAST ASIAN
16
COLLEGE OF NURSING,
EKTA NAGAR, BASAVANAPURA,
VIRGONAGAR, BANGALORE-560 067
REPRESENTED BY ITS CHAIRMAN
SMT.MANJULA.
28. LAXMI MEMORIAL EDUCATIONAL TRUST ®
ON BEHALF OF LAXMI MEMORIAL SCHOOL
AND COLLEGE OF NURSING,
UPPER BENDOOR 2ND CROSS RD. BENDOOR,
MANGALURU-575 002
REPRESENTED BY ITS VICE PRESIDENT
MR.PRASHANTH SHETTY.
29. UNITY CARE & HEALTH SERVICES PVT. LTD.
ON BEHALF OF UNITY COLLEGE OF NURSING
SHEDIGURI, DAMBEL ROAD,
ASHOKNAGAR,
MANGALORE-575 006
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR,
DR.HABEEB KHAN
30. RATHNA EDUCATIONAL TRUST (R)
ON BEHALF OF RATHNA COLLEGE & SCHOOL OF NURSING
RACHANA NILAYA, 5TH CROSS,
SHANKAR MUTT ROAD,
HASSAN-573 201
REPRESENTED BY ITS PRESIDENT,
SMT.B.N.RATHNAMMA ... PETITIONERS
(BY SRI.UDAYA HOLLA, SR. COUNSEL FOR
MS.MAYA HOLLA, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY WELFARE (MEDICAL
17
EDUCATION)
VIDHANA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. INDIAN NURSING COUNCIL
NEW KOTLA ROAD, TEMPLE LANE,
NEW DELHI-110002
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA STATE NURSING COUNCIL
NO.17, A STREET, 6TH CROSS,
GANDHINAGAR,
BANGALORE-560 009
REPRESENTED BY ITS REGISTRAR.
4. RAJIV GANDHI UNIVERSITY FOR
HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BANGALORE-560 011
REPRESENTED BY ITS REGISTRAR.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, AAG A/W
SRI.R.B.SATYANARAYANA SINGH, AGA FOR R1
SRI.SHIVARUDRA, ADV. FOR R2;
SMT.SUMANA BALIGA, ADV.FOR R3;
SRI.N.K.RAMESH, ADV. FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATION DATED 14.12.2016 ISSUED BY R-1 AT
ANNEX-F; QUASH THE COMMUNICATION DATED 17.5.2017
ISSUED BY R-1 REITERATING THE LETTER DATED 14.12.2016
AT ANNEX-J AND ETC.,.
18
THESE PETITIONS COMING ON FOR PRONOUNCEMENT OF
ORDERS TODAY HAVING RESERVED ON 05.07.2017 AND
06.07.2017, THE COURT MADE THE FOLLOWING:
ORDER
Writ Petitions No.25355-357/2017 (EDN) are filed by the petitioners seeking the following reliefs:
(i) Declare that the Indian Nursing Council, Respondent No.2 herein, have no authority to grant recognition to the Institutions imparting Nursing course such as Auxiliary Nurse and Midwife Course (ANM), General Nursing and Midwife (GNM), Bachelor of Nursing (Bsc) and Master of Nursing (M.Sc.,)
(ii) Consequently restrain Indian Nursing Council, Respondent No.2 herein, from publishing on its website, materials indicating that the institutions imparting Nursing course have to obtain recognition from Respondent No.2.
(iii) Further issue a writ of Mandamus directing the Indian Nursing Council, Respondent No.2 herein to remove forthwith, all such materials from their website, including the materials detailed in Annexure-A, which indicate that the institutions 19 imparting Nursing courses have to obtain recognition from Respondent No.2.
2. The facts of the case to be stated in brief are that petitioner No.1 is a registered body comprising of the Managements of the Nursing and allied Health Science institutions and is espousing the cause of all the Nursing Institutions. Petitioners 2 & 3 are members of the petitioner No.1 being Nursing Colleges.
3. The respondent No.2 passed resolutions and published public notices and other materials in their web site, regarding renewal, recognition of the institutions imparting Nursing Course, allotment of seats for admission to Nursing course, informing the general public that the institutions imparting Nursing courses have to obtain recognition from them and they have control over allotment of seats, which is contrary to law and without any source of power. The students who intend to enroll for Nursing courses, visit the website of the Indian Nursing Council and after noticing the publications of the 2nd respondent infer that the institutions imparting Nursing course should obtain 20 recognition from them. The Indian Nursing Council has also published in their website, the list of Nursing colleges purported to be recognized by them. They have also published public Notice that the institutions imparting Nursing courses should obtain Renewal/validity. It is stated, Section 10 of the Indian Nursing Council Act deals with recognition of qualifications and not recognition of any institution and a Nursing college started after obtaining the requisite permission from the concerned government and the recognition is from the State Council and affiliation will be from the university within whose jurisdiction the college is situate. Such a recognition and affiliation the petitioners 2 & 3 have obtained from respondents 3 & 4.
4. The petitioners have stated that the Hon'ble Apex Court in SL.P (Civil) 9/2014 dated 2.5.2014 has held that the Indian Nursing Council has no authority to grant recognition, the Government of Karnataka has by a communication dated 17.5.2017 addressed to the respondents 3 & 4, clarified that the respondents 3 & 4 have to look into the matter of allotment of seats for admission to Nursing courses. The grant of recognition 21 of qualifications and prescription of syllabus are to be regulated by the Indian Nursing Council while in so far as grant of recognition and approval of colleges, imparting training and education for nursing are concerned, in terms of the judgment of this Court in UOI vs., KMJ of Nursing reported in 2005 AIR HCR 1568 and the full bench judgment of the High Court of Kerala reported in 2010 SCC Online KER 1236, will be regulated by the state enactments and the state authorities.
5. I have heard the learned counsel for the petitioners, learned Additional Advocate General, learned counsel for R2 to R4 and perused the writ papers.
6. The only question that arises for consideration is, whether the Respondent No.2 Indian Nursing Council has authority to grant recognition to the institutions imparting Nursing Courses and thereby publish on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition? My answer would be in the negative for the following reasons.
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7. The power and functions of Indian Nursing Council are enumerated in Section 10 of the Indian Nursing Council Act, 1947, hereinafter referred to as `the Act' for short, which reads as follows:
(1) For the purposes of this Act, the qualifications included in Part I of the Schedule shall be recognized qualifications, and the qualifications included in Part II of the Schedule shall be recognised higher qualifications.
(2) Any authority within 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 midwifery), health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognized, 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.
(3) The Council may enter into negotiations with any authority (in any (territory of India to which this Act does not extend) or foreign country) which by the law of (such territory) or country is entrusted with the maintenance of a register of nurses, midwives or health visitors, for the settling of a scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme the Council may declare that a qualification granted by any authority in any (such territory) or country, or such qualification only when granted after a specified date, shall be a recognized qualification for the purposes of this Act:23
Provided that no declaration shall be made under this sub-section in respect of any qualification unless by the law and practice of the foreign country in which the qualification is granted persons domiciled or originating in India and holding qualifications recognized under this Act are permitted to enter and practice the nursing profession in that country Provided further that-
(i) any reciprocal arrangements subsisting at the date of the commencement of this Act between a State Council and any authority outside India for the recognition of qualifications shall, unless the Council decides otherwise, continue in force, and
(ii) any qualification granted by an authority in a territory of India to which this Act did not extend at the date of its commencement, and recognized on the said date by the State Council of a State to which this Act then extended, shall continue to be a recognized qualification for the purpose of registration in that State.
(4) The provisions of sub-sections (2) and (3) and of sections 14 and 15 shall apply mutatis mutandis to the declaration by the Council of a qualification granted in respect of post-certificate nursing training as a recognised higher qualification."24
8. Section 11 of the Act deals with effect of recognition of such qualification, Section 12 deals with power to require information as to courses of study and training and examination, Section 13 deals with inspections, Section 14 deals with withdrawal of recognition of qualification etc., and Section 15 deals with mode of declarations, which reads as follows:
"15. Mode of declarations.
(1) All declarations under section 10 or section 14 shall be made by resolution passed at a meeting of the Council called for the declarations purpose, and shall forthwith be published in the official Gazette.
(2) The Central Government shall, from time to time, by notification in the Official Gazette, amend the Schedule so as to bring it into accord with any declaration under section 10 or section 14.
9. Therefore, the Indian Nursing Council is empowered to prescribe qualification and syllabus for the courses and not to accord recognition to the colleges to impart education in nursing courses. In this regard, it is necessary to refer to the following decisions, which are on the subject matter. 25
10. The Hon'ble Apex Court in S L P © No.9/2014 (Nutan Kumari & another vs., State of Bihar & others has held in Para 3 as follows: ;
"3. Once it is the accepted position that it is the State Government that has the power to grant recognition and that Indian Nursing Council has no authority to grant such recognition insofar as Auxiliary Nurse and Midwife Course (ANM Course) is concerned, the view taken by the Single Judge in quashing the letter dated 9.1.2012 was proper and there was no justification for the Division Bench to interfere with that part of the order. As a matter of fact, the above position is established by the judgment of Patna High Court in Raj A.N.M. School, Muzaffarpur vs., The State of Bihar & others 1993(2) P.L.J.R 479".
11. In 2005 AIR - Kant. H.C.R. 1568 (Union of India & another v. KMJ College of Nursing (Trust) Bangalore and others, the question involved was whether the College was required to obtain recognition from the Nursing Council of India for establishing a Nursing College and continue to impart training in 26 nursing. The Hon'ble Supreme Court has held in Para-7 as follows:
"7....It is not possible to take the view that an institution established in the State for the purpose of imparting training to nurses, auxiliary-nurse-midwife, health visitors etc., are required to obtain recognition before establishing such an institution from the Nursing Council of India. No doubt, the word `authority' is not defined under the Act. The authority referred to in sub-section (2) of Section 10 of the Act, in our view, cannot be treated as or equated to a college or an institution which has been established for the purpose of imparting training in nursing, midwifery etc., The Authority referred to in sub-section (2) of Section 10 of the Act appears to us should be understood to mean as several authorities referred to in Pasra-I and Part-II of the Schedule given to the Act which are conferred with the power of issuing certificates, diplomas or degrees in nursing. ..... Therefore, once it is held that sub-section (2) of Section 10 has no application and the authority referred to in sub-section (2) of Section 10 is not the college or the institution, we find it difficult to accept the submission of the learned counsel for the appellant that the institution established after 27 obtaining the necessary recognition from the authorities within the State who are entrusted with the responsibility of granting such recognition should also obtain recognition from the Nursing Council of India..."
12. This court had an occasion to consider similar question in W P Nos.27064-27068/2000 (EDN-AD). By the order dated 11.11.2002. In para-10 of the order, this Court has held as follows:
"10. ....When in law there is no obligation cast upon the petitioner to obtain any recognition from the second respondent and when the law does not provide for recognition by the second respondent, the insistence of the said condition by the University is without any basis and it is arbitrary and, therefore, the impugned letter where the University has insisted the petitioner college to obtain the recognition from the University is liable to be quashed..."
13. The above order is confirmed in W A No.2033/2004 (EDN) by the judgment dated 13.04.2005.
14. Therefore, suffice it to say that the Indian Nursing Council, the 2nd respondent, herein, has to exercise its power 28 with reference to provisions enumerated in the Act. The action of the respondent No.2 claiming that colleges have to obtain recognition from it, publishing the list of recognized colleges and releasing any such material on its website would cause hardship to the petitioners and such other Nursing Colleges as the students who visit such website would infer that the colleges which are not there in the list are not recognized and that it is required to obtain recognition from the 2nd respondent. The action of the respondent No.2 is against to the law declared by this Court and also the Hon'ble Apex Court as is referred to above.
15. The learned A G A has referred to the following decisions:
(a) 2010 SCC Online Ker 1236: (2010) 3 KLT 367 (FB) (K Velayudhan Memorial Trust v. State of Kerala & others) Para-16 therein with regard withdrawal of recognition by the State Council. Since the said question is not involved in the present cases, the said decision has no application.
(b) 1998 SCC OnLine Raj 99 : AIR 1999 Raj 158: (1998) 2 RLR 243 (Suresh Yadav & others vs., The Registrar, Rajasthan 29 Nursing Council & others) Para-9 therein. The said matter related to entry of names in the register fraudulently or incorrectly, which is not the case in the present case.
16. In the circumstances, I am of the clear view that the petitions (W P Nos.25355-57/2017) are entitled to succeed. In the result, these petitions (W P Nos.25355-57/2017) are allowed. It is declared that the Indian Nursing Council, Respondent No.2 herein, has no authority to grant recognition to the Institutions imparting Nursing courses. The respondent No.2 is further restrained from publishing on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition from Respondent No.2 and all such materials from which it could infer recognition is to be obtained from Indian Nursing Council stand withdrawn from its website forthwith. W P Nos.28383-28385/2017 which is also for the similar relief is accordingly disposed of. Rule issued and made absolute accordingly.
17. W P No.28705/2017 (EDN), W P Nos.26625- 26627/2017 (EDN), W P Nos.28378-28382/2017 (EDN-RES) 30 and W P Nos.27478-507/2017 (EDN), where the relief sought for is to direct the 2nd respondent to grant recognition to the Nursing Institutions, is against the view taken in the above writ petitions, such a relief cannot be granted. These writ petitions are accordingly rejected.
Sd/-
JUDGE akd