- (1.) Civil Writ Petition Nos. 17745 of 2004 (Dr. Shyam Lal Thapar Nursing Foundation v. Baba Farid University of Health Sciences), 235 of 2005 (Malwa Education Society (Regd.) Faridkot v. Baba Farid University of Health Sciences) and 236 of 2005 (Rattan Professional Education Society (Regd.) v. Baba Farid University of Health Sciences and others) will be disposed of by this common judgment as the questions of law and facts involved in these writ petition are common. However, for the sake of convenience, facts are being taken up from Civil Writ Petition No. 17745 of 2004.
(2.) The petitioner Society is running Dr. Shyam Lal Thapar Nursing Home in Moga. The petitioner-Society also opened Dr. Shyam Lal Thapar Nursing College with a view to start Post Basic B.Sc (Nursing) Course. The petitioner-Society applied to the State of Punjab and got the necessary No Objection Certificate for starting Post Basic B.Sc. (Nursing) Course on the fulfilment of certain conditions. It also applied to the Indian Nursing Council (in short the Council) which is the apex body established under the Indian Nursing Council Act, 1947 (in short Act of 1947). The Council granted approval to the petitioner Society vide letter dated 24.7.2004 (Annexure P-2) with an intake of 25 seats of Post Basic B.Sc. (Nursing) Course for being started in Dr. Shyam Lal College of Nursing, Moga. The petitioner-Society applied to Baba Farid University of Health Sciences (respondent No. 1) (in short the University) for affiliation but the said affiliation has been declined by the University. The said action of the University has been challenged by the petitioner-Society by filing the present writ petition.
(3.) The respondent-University has taken the plea that since the petitioner- Society did not have all the four classes of regular B.Sc. (Nursing) Course in Dr. Shaym Lal College of Nursing, therefore, the University is not in a position to affiliate the said college for Post Basic B.Sc. (Nursing) Course. It was also submitted that the University is of the firm opinion that only those institutions would be granted affiliation in Post Basic B.Sc. (Nursing) Course which are also running regular classes in B.Sc. (Nursing).;