S. Ravindra Bhat; C.J. - (1.) The question which the Indian Nursing Council (hereinafter referred to as "INC") urged before this Court in this appeal against the order of the learned Single Judge with respect to the provisions of the Indian Nursing Council Act, 1947. The learned Single Judge has observed that the students should be admitted in the GNM Programme, on the basis of recognition granted by the Rajasthan Nursing Council (hereinafter referred to as "State Council"). It is stated that INC had disapproved and included the writ-petitioner in a list of derecognized institutions.
(2.) Based upon the decision of Karnataka High Court in Karnataka State Association of the Management of Nursing and Allied Health Sciences Institutions and Ors. v. Union of India and Ors. [Writ Petition Nos. 25355-25357/2017 and other connected petitions, decided on 24.07.2017], it was held that the INC does not possess the power to grant recognition. The Single Judge also relied upon the decision of the Bombay High Court at the Aurangabad Bench in Private Nursing Schools and Colleges Management Association v. Union of India and Ors. [Writ Petition No. 11260/2017, decided on 09.10.2017]. The appellant-INC before us referred to the provisions of the Act and urged that the position of law taken by the learned Single Judge is erroneous. Learned counsel for the appellant-INC relied upon Sections 10, 13 and 14 of the Act and stated that the INC has a wide range of powers and the same enable it to inter alia conduct inspections, wherever necessary, of the derecognized institutions. It is also highlighted that wherever de-recognition process is initiated, check in compliance is existed in that State Council, has also to be taken into confidence. Based upon the inputs and reports, the Central Council has taken its final decision on 26.07.2016. It is emphasized that by virtue of Section 15, a decision to withdraw the recognition granted to the Institution would result in derecognition of the qualification, vis-a-vis the entire country except the State where the appropriate Council grants recognition, to the extent it continues.
(3.) The decision of the Bombay High Court at Aurangabad Bench in Private Nursing Schools and Colleges Management Association (supra) had considered a Full Bench ruling of the Kerala High Court in K. Velayudhan Memorial Trust v. State of Kerala and Ors. [WA No. 796/2010, decided on 08.06.2010]. The Full Bench of Kerala High Court had occasion to consider the view of a learned Single Judge. The Court, after noticing the controversy and the provisions of the Act, quoted the formulation of the learned Single Judge and his approval in the following terms:- "20. In our view, the question was earlier considered by a learned Judge of this Court in National Medical Educational Charitable Trust v. Kerala Nursing and Midwifery Council [2006 (2) KLT 612]. At paragraph 10 of the said judgment the learned Judge categorically held that the 1947 Act does not empower the National Council to deal with the aspects of recognition or approval to institutions imparting education and Nursing. Paragraph 10 reads as follows: "10. Going by the above mentioned provisions of the Act, I feel that the Act does not empower the Central Council to deal with recognition or approval of institutions, imparting education in Nursing. The function of the Central Council, is mainly concerned with the recognition of qualifications, for the purpose of enrollment in the State Register. It also enables the Central Council, to de-recognise any recognised qualification awarded by any authority in view of the provisions contained in clause (a) of WA No. 787, 788, 791 and 796 of 2010 sub-s. (1) of S. 14 read with clause (a) of sub-section (3) thereof. In the case of institutions, like the institution of the petitioner, the power of the Central Council in the light of clause (b) of sub-s (1) of S. 14 read with clause (b) of sub-s. (3) thereof, is limited to de-recognising the qualification obtained from such institutions in other States. Even after the disapproval of the Central Council, the said qualification remains valid for the parent State. Recognition or de-recognition of institutions, like that of the petitioner, imparting training in nursing, does not come under the purview of the Indian Nursing Council Act, 1947. But, the power to recognise the qualifications, may confer incidental or ancillary power to prescribe the minimum facilities to be provided for, in the Nursing institutions. So, by virtue of the regulation making power contained in S. 16(1) of the above said Act, the Central Council may prescribe the physical and clinical facilities that may be provided in an institution. The same is only for the purpose of deciding whether the training imparted in that institution, is upto the mark to enjoy the recognition for the qualification awarded pursuant to the training. Recognition or approval of institutions is essentially the function of the State Nursing Council. S. 14(1)(b) of the Act also recognises the said position." Relevant provisions of the Act are as follows:- "10. Recognition of qualifications. (1) For the purposes of this Act, the qualifications included in Part I of the Schedule shall be recognised qualifications, and the qualifications included in Part II of the Schedule shall be recognised higher qualifications. (2) Any authority within the States which, being recognised by the State Government in consultation with the State Council, if any for the purposes of granting any qualification, grants a qualification in general nursing, midwifery, auxillary nursing midwifery, health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and the Council may declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised 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 recognised qualification for the purposes of this Act: 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 recognised on the said date by the State Council of a State to which this Act then extended, shall continue to be a recognised 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. 13. Inspections. (1) The Executive Committee may appoint such number of inspectors, whether from among members of the Council or otherwise, as it deems necessary to inspect any institution recognised as a training institution, and to attend examinations held for the purpose of granting any recognised qualification or recognised higher qualification. (2) Inspectors appointed under this section shall report to the Executive Committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be, on the sufficiency of the examinations. (3) The Executive Committee shall forward a copy of such report to the authority or institution concerned, and shall also forward copies, with the remarks, if any, of the authority or institution concerned thereon, to the Central Government and to the State Government and State Council of the State in which the authority or institution is situated. 14. Withdrawal of recognition. (1) When, upon report by the Executive Committee, it appears to the Council- (a) that the courses of study and training and the examinations to be gone through in order to obtain a recognised qualification from any authority in any State, or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or (b) that an institution recognised by a State Council for the training of nurses, midwives, auxiliary nurse-midwives or health visitors does not satisfy the requirements of the Council, the Council may send to the Government of the State in which the authority or institution, as the case may be, is situated a statement to such effect, and the State Government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in a case referred to in clause (b) to the State Council also, with an intimation of the period within which the authority or institution may submit its explanation to the State Government. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the State Government shall make its recommendations to the Council. (3) The Council, after such further inquiry, if any, as it may think fit to make, and in a case referred to in clause (b) of sub-section (1), after considering any remarks which the State Council may have addressed to it, may declare,- (a) in a case referred to in clause (a) of that sub-section, that the qualifications granted by the authority concerned shall be recognised qualifications only when granted before a specified date, or (b) in a case referred to in the said clause (b), that with effect from a date specified in the declaration any person holding a recognised qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution concerned shall be entitled to be registered only in the State in which the institution is situated. (4) The Council may declare that any recognised qualification granted outside the States shall be a recognised qualification only if granted before a specified date. 15. Mode of declarations. 3[(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. 1[(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. 2[15A. Indian Nurses Register. (1) The Council shall cause to be maintained in the prescribed manner a register of nurses, midwives, auxiliary nurse midwives and health visitors to be known as the Indian Nurses Register, which shall contain the names of all persons who are for the time being enrolled on any State register. (2) It shall be the duty of the Secretary of the Council to keep the Indian Nurses Register in accordance with the provisions of this Act, and from time to time, to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed. (3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India. 15(B). Supply of copies of State registers. Each State Council shall supply to the Council twenty printed copies of the State register as soon as may be after the 1st day of April of each year and inform the Council without delay of all additions to, and other amendments in, the State register made from time to time. ;