Rakesh Kumar Jain, J. - (1.) THE petitioners are employed as Nurses in various hospitals. They completed their Post Basic Nursing Degree Programme Course [in short the 'P.B. B.Sc. (N)] during their service, from respondent No. 5 which is affiliated with respondent No. 2 who has issued the degrees to them. They had filed the writ petition with a grievance that their degree of P.B. B.Sc. Nursing is not being recognized. The writ petition was dismissed by this Court on the ground that the candidate qualifying PB. B.SC. (N) from Indira Gandhi National Open University, New Delhi (in short -'IGNOU') through distance education is not eligible for admission to M.Sc. (N) Programme as the study centres are not recognized by Indian Nursing Council, (in short -'INC'). It was found that INC had given permission to respondent No. 5 for regular courses and not for courses conducted by IGNOU through its Programme Study Centres (PSC).
(2.) THE order dated 06.08.2013 passed in CWP No. 11605 of 2012 was challenged by the petitioners in LPA No. 1712 of 2013 in which the following order dated 18.11.2013 was passed: - The judgment of the learned Single Judge has been assailed before us in appeal, through as per the submissions made by learned counsel for the appellants before us, he now does not dispute the proposition that no course can be commenced nor admission can be granted without prior permission of Indian Nursing Council. It is also a finding reached that no permission and recognition was granted qua IGNOU course to respondent No. 5 for the Programme Study Centre. The submission of learned counsel for the appellant is that protection has, however been granted to the individual candidates, who were carrying out study in the course in view of the judgment of the learned Single Judge of Delhi High Court W.P. (C) No. 1644 of 2011 (Jincy Joy and another Vs. Indira Gandhi National Open University and others) and connected matters decided on 27.09.2013. It is his submission that a similar protection ought to have been granted even to the appellants. Learned counsel, however, cannot dispute that this aspect was not canvassed and consequently does not form a part of the order of learned Single Judge. Learned counsel for the appellants, thus, seeks leave to withdraw the appeal with liberty to approach the learned Single Judge for a limited relief vis -à -vis the existing students based on the judgment of learned Single Judge of Delhi High Court in W.P. (C) No. 1644 of 2011 (supra). Liberty granted. The appeal is dismissed as withdrawn. The petitioners have thus filed the present application for review has been filed on the basis of the judgment of Delhi High Court in W.P. (C) No. 1644 of 2011 (Jincy Joy and another Vs. Indira Gandhi National Open University and others) decided on 27.09.2013.
(3.) LEARNED counsel for the petitioners has submitted that during the pendency of the review application, LPA No. 2115 of 2013, Saroj Bala Vs. State of Haryana and others in CWP No. 22056 of 2013 was also decided on 27.11.2013 by the Division Bench of this Court in which following order was passed: - Admit. Learned counsels for the respondents accept notice. At the request of learned counsels for the parties, the appeal is taken up for final disposal. The appellant qualified B.Sc. Nursing examination in the year 2008 from Indira Gandhi National Open University, New Delhi/respondent No. 4 (('IGNOU'). Respondent No. 2 is a Medical College affiliated to respondent No. 3 University. The appellant sought admission to the respondent No. 2 -college on 17.07.2013 in M.Sc. (Nursing) but was informed that she was ineligible as she had taken coaching from a study centre known as 'Safdar Jung College of Nursing, New Delhi'. The appellant thus assailed this decision in Civil Writ Petition No. 22056 of 2013 which had been dismissed vide impugned order dated 27.11.2013 by the learned Single Judge. A perusal of the impugned order shows that the challenge laid by the appellant was on the basis of parity with two other students. The stand of the university was that as per the policy decision of the Indian Nursing Council circulated vide circular dated 03.01.2012 the candidates qualifying P.B. B.Sc. (N) from IGNOU through distance education were not eligible for M.Sc. (N) Programme if the study centres are not recognized by the Indian Nursing Council. Learned Single Judge analyzed three fold submissions made before him as under: - i) In view of circular dated 03.01.2012 the appellant could not be granted admission. ii) Two students with whom parity had been claimed have not been impleaded as party. iii) There was no aspect of retrospectively of the circular dated 03.01.2012 involved as the appellant had sought admission on 17.07.2013. We have heard learned counsels for the parties. The judgment of the learned Single Judge of Delhi High Court in WP(C) No. 1644 of 2011 and connected matters decided on 27.09.2013 has been relied upon by learned counsel for the appellant wherein it has been held that the Nursing Council having recognized the course unconditionally in the year 2000 of IGNOU, the students who have pursued that course cannot be prejudiced by a subsequent action arising from the instructions/circular dated 03.01.2012. Learned counsel for the respondents cannot dispute that the aforesaid judgment applies squarely to the facts of the present case. The appellant before us completed the course in the year 2009 when the degree was recognized. The subsequent instructions dated 03.01.2012 would apply to such persons who qualified the degree thereafter but would not disqualify the persons who had qualified when the degree was recognized for seeking admission to M.Sc. (Nursing) course. We are in complete agreement with the view taken by Delhi High Court and the conclusion arrived at in context of the issue in question, reads as thus: - 17. In view of the foregoing, WP (C) No. 3036/2012 is hereby dismissed without any orders as to costs. WP (C) Nos. 1644/2011, 5037/2012, 361/2012, 4146/2012, 7719/2012, 2175/2013, 2774/2011, 5165/2012 and 6642/2012 are disposed of with the following directions: i. It is hereby declared that the Council had duly recognized, in terms of Section 10(2) of the Indian Nursing Council Act, 1947, the Post basic B.Sc. (Nursing) course of the respondent Indira Gandhi National Open University, in respect of the students who have already passed out or have already taken admission to the aforesaid course, irrespective of the study centre from which they had passed out or in which they are studying. ii. The respondent -Council shall grant the necessary permission/NOC to the petitioners in the above -referred writ petitions for admission to the M.Sc. (Nursing) course if the petitioners have already approached or approach it in future seeking requisite permission/NOC, on the strength of Post Basic B.Sc. (Nursing) degree awarded to them by Indira Gandhi National Open University. iii) The respondent -Raj Kumari Amrit Kaur College of Nursing and Nightingale Institute of Nursing shall not refuse admission to the petitioners in the above -refereed writ petitions, in their respective M.Sc. (Nursing) course on the ground that the Post Basic B.Sc. (Nursing) degree obtained from Indira Gandhi National Open University is not recognized by the Indian Nursing Council. iv) The respondent -Indira Gandhi National Open University shall not make further admission to its Post Basic B.Sc. (Nursing) course, wherever such course is to be pursued at a study centre which is not already inspected and approved by the Council in terms of Section 10(2) of the Act. The appeal is accordingly allowed and the impugned order of the learned Single Judge is set -aside with a direction to respondent No. 2 to admit the appellant to its course subject to fulfillment of all other requirements and the needful be done within a week from today.;