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3.1. It was further submitted that after five years of running the Courses, without giving the opportunity of hearing nor even calling for any explanation, the respondent-RNC passed the impugned order, cancelling the affiliation of the petitioners for academic session 2021-22, on the ground that the petitioners have not obtained the NOC from the State Government, which is not justified in law.

3.2. It was also submitted that the impugned order of rejection of the representation of the petitioner, specifically refers to Clause 3 of the INC Guidelines, which provides that eligible establishments/ organizations should obtain the essentiality certificate/ NOC from the concerned State Government, where GNM School of Nursing is sought to be established. In furtherance, it was submitted that the said Guidelines are not applicable to the petitioners, as it is pertaining to the Colleges, who wishes to establish itself after (D.B. SAW/556/2023 has been filed in this matter. Please refer the same for further orders) (13 of 22) [CW-6131/2023] coming into force of the Guidelines; whereas, the petitioners- institutions were established much prior to coming into force of such Guidelines.

"3. The eligible Establishments/Organizations should obtain Essentiality Certificate/No Objection Certificate from the concerned State Government where the GNM School of Nursing is sought to be established. The particulars of the name of the School/Nursing Institution along with the name of the Trust/Society [as mentioned in the Trust Deed or Memorandum of Association] as also full address shall be mentioned in No Object Certificate/Essentiality Certificate."
17. School of Nursing is a different entity than College of Nursing. Even the note appended to the Regulations makes it clear that when School of Nursing wants to be upgraded to College of Nursing, NOC/Essentiality Certificate is not required, with that situation we are not concerned in the matter. It is also not provided in the note that when the B.Sc. level Nursing college wants to start the School of Nursing, NOC from the State Government is not necessary. Regulation 1 clearly requires NOC from State Government for a school. Thus, in our considered opinion, due to non-consideration of the regulations, as they were not placed for consideration, the Single Bench could not appreciate the correct legal position. The regulations framed under Section 16 of Act of 1947 have the statutory force and are binding. Thus, it was not necessary to go into the various provisions contained in the Act of 1947 and Act of 1964 as they do not deal with aforesaid aspect. The education being State subject also, in concurrent list, State Government cannot permit mushroom growth of the institutions. The State Government essentially comes into play in such matters, as such, aforesaid provision has rightly been made in the statutory regulations of 2007 framed by the INC under the Act of 1947, which have to prevail.

Recognition of course and permission to start school are different aspects. Once, recognition of qualification is obtained, that shall sufficient to get enrolled in any State register. In the instant case, permission has been granted to run the ANM Training School/School of Nursing which further subject to regulations No. 1 of the Regulation of 2007 which have the statutory force. NOC/Essentiality Certificate from the State Government is imperative. The guidelines cannot supersede the provision made in the regulations which have the statutory force. Regulation No. 1 of the Regulation of 2007 makes it clear that institution is required to produce NOC/Essentially certificate from the State Government, only then the INC can grant permission under the Regulation 2. Guide liens cannot be repugnant to the statutory regulations; Regulations of 2007 have to prevail. Though, the guidelines cannot be interpreted so as to supersede the Regulations, guidelines are subordinate to regulation and for internal functioning of INC and cannot be said to be having statutory force. If guidelines are followed, anomalous result would arise and that is not so contemplated guidelines also. When we deal with the question of permission as envisaged in (D.B. SAW/556/2023 has been filed in this matter. Please refer the same for further orders) (21 of 22) [CW-6131/2023] Regulation No. 2, which has been granted on 20.7.2012, Regulation Nos. 1 and 2 cannot be ignored. Thus, the NOC/Essentiality certificate is necessary for opening ANM/GNM Training School/School of Nursing. Merely running of Nursing College of B.Sc. level cannot come to rescue so as to absolve the institutes from complying with the imperative statutory requirement of obtaining NOC/Essentiality certificate from the State Government. Thus, we are of the considered opinion that the order passed by Single Bench is liable to be set aside.