Principal And Ors vs Presiding Officer And Ors on 9 January, 1978
15. The reliance placed by Mr. Yawalkar, the learned Addl.
Government Pleader on Section 28 of the Maharashtra State Board of
Nursing and Para Medical Education Act, may not be much relevant. The
said section applies when the Board is required to grant permission to
start new nursing and para medical institution and not considering the
application of the institutions who have already been granted permission
by the Maharashtra Nursing Council and the Essentiality Certificate by the
State Government. The said provision will be restricted to the
Management seeking permission to open a new institution. The judgment
relied upon by Mr Yawalkar, the learned Additional Government Pleader,
in the case of the Principal and others vs. Presiding Officer and others
reported in AIR 1978 SC 344 would not enure to the benefit of the
respondents. It only lays down the distinction between recognition and
affiliation.