NEELAM DEVI Vs. HARYANA NURSES REGISTRATION COUNCIL

JUDGEMENT

(1.) The petitioners, who have qualified for General Nursing and Midwifery (GNM) degree, find themselves unable to have their degrees registered with the 1st respondent which alone assures to them a vista into the job market. The contention of the petitioners is that the degrees have been awarded by Doon International University, Raipur, Chhattisgarh, which is a University notified under the gazette notification dated 7th November, 2003 established under the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana aur Viniyaman) Adhiniyam Act, 2002 (called the 'Chattisgarh Act'). The University had established a study centre at Rohtak where the petitioners gained admission and pursued study and also obtained the degrees awarded by the University. The Government of India through its Ministry of Human Resource Development of Secondary and Higher Education has certified to the Vice Chancellor, Doon International University, Chhattisgarh that the degree awarded by the University established under the Act shall stand automatically recognized. The second contention is that Section 14 of the Punjab Nurses Registration Act provided three classes of persons, who would be entitled to obtain registration and persons such as the petitioners, who had undergone necessary course of training or passed the examination through a degree obtained awarded by the University established under the Act, could not be denied registration. The argument under this head is to the effect that a degree awarded a University established through an enactment obtain sui-generis validity and a subsequent decision striking down the Act will not take away the rights of persons, who had already obtained the degrees and more so, in view of the fact that the specific saving granted under the Hon'ble Supreme Court judgment itself.

(2.) The petitioners after having completed course and earned the degrees had sought for registration with the 1st respondent but the 1st respondent had denied such registration on the ground that the Hon'ble Supreme Court had in a judgment Professor Yashpal and Anr. v. State of Chhattisgarh and Ors.,2005 5 SCC 986 dated 11.02.2005 struck down the Chhattisgarh Act and since the degree of the petitioners have been obtained from the University set up under the Act, their degrees could not be registered. The other contention and more formidable, according to the 1st respondent is that neither the Punjab Nurses Registration Council nor the Government of Haryana had recognized the degree and hence registration could not be made.

(3.) The petitioners have served a notice demanding such registration pointing out to the judgment of the Hon'ble Supreme Court itself as protecting persons, who were still pursuing their studies and the decision of the Hon'ble Supreme Court dated 11.02.2005 will not apply to the petitioners, who have secured their degrees on 10.02.2005. The petitioners' claim has therefore to be first examined in the context of the judgment of the Hon'ble Supreme Court itself. The decision in Professor Yashpal (supra) provides as follows: