Allowed

Christian Hospital School of Nursing v. State of Up and 2 Others

Allahabad HC2 Jul 2024WRIC/14869/2024

Case brief

AI extract

What is this about?

The High Court directed the petitioner nursing college to fulfill U.P. registration formalities within three months. A detailed timeline was set for document verification, inspection, and the State Government's final decision, ensuring consideration for admitted students.

What did the court decide?

Directions issued for registration by 20.8.2024 followed by inspection and State Government decision within stipulated timelines.

Christian Hospital School of Nursing vs State of… — Education and Admissions | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:115009

¶2

Court No. - 34

¶3

Case :- WRIT - C No. - 14869 of 2024 Petitioner :- Christian Hospital School Of Nursing Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Arun Kumar,Arvind Srivastava Counsel for Respondent :- Adarsh Bhushan,C.S.C.

¶4

Hon'ble Vikas Budhwar,J.

¶5

The case of the writ petitioner is that, it being Christian Hospital School of Nursing, Jokhan Bagh, Jhansi has been established in the year 1903 and since then it is imparting nursing training. According to the writ petitioner, the Government of India in order to establish the Uniform Standard of Training for Nurses, Midwives and Help visitors framed Indian Nursing Council Act, 1947. In para 7 of the writ petition, it has been asserted that Mid Board of Education of Nurses League of CMAI has issued a certificate dated 3.1.2024, whereby it has been certified that the petitioner college is affiliated to the Mid India Board of Education of Nurses League of CMAI from inception and the school in question has been inspected and is eligible to admit 20 students of GNM course. Further, in para 9, assertion has been made that the Madhya Pradesh Nurses Registration Council, Bhopal, Madhya Pradesh has also issued a certificate to the said effect on 16.3.2022. It is also the case of the writ petitioner that the Secretary Indian Nursing Council has issued a letter dated 17.1.2024 containing the subject "Consideration of Registration and Affiliation letter to MIBE".

¶6

Learned counsel for the writ petitioner while drawing attention towards Annexure no.5, reference whereof has been made in para 12 page 38 onwards, referred to the Certificate of Registration issued by the Madhya Pradesh Nurses Registration Council, Bhopal, Madhya Pradesh. According to the writ petitioner the dispute arose when the writ petitioner approached the respondent no.2, Registrar Uttar Pradesh Nurses and Midwives Council, Lucknow for registration of diploma course, however, now by virtue of the impugned order dated 25.4.2024, the same has been negated on the ground that the writ petitioner does not come under eligibility criteria and does not possess eligibility certificate and no objection certificate from either State Government or from the respondent no.2.

¶7

Questioning the said order, the writ petitioner has filed the

¶8

present repetition.

¶9

This Court entertained the writ petition on 6.5.2024 requiring the respondents to seek written instructions, in particular, the counsel appearing for the second respondent. A supplementary affidavit has also been filed by the writ petitioner which was taken on record. Though, the matter was earlier placed before the Division Bench, however, thereafter the matter as per the roaster is now before this Court being cognizable by the Single Bench.

¶10

A detail instruction is also on record dated 9.5.2024 of second respondent. A copy of the same has also been served upon learned counsel for the writ petitioner.

¶11

Since a joint statement has been made by counsel for the rival parties that they do not propose to further file any affidavit, thus, this Court proceeded to decide the matter at fresh stage.

¶12

Learned counsel for the writ petitioner while assailing the order dated 25.4.2024 has sought to argue that the said order cannot be sustained even for a single moment as it proceeds on wrong direction. Elaborating the said submission, learned counsel for writ petitioner submits that petititoner-Nursing College has been established way back in the year 1903 and it has been imparting nursing training. It is also submitted that as per the position which was in vogue, the said institute was accorded permission by the Mid India Board of Education of Nurses League of CMAI and the certificate to the said extent has been issued on 3.1.2024 mentioning therein that there happened to be an inspection done periodically and the petitioner-college was authorised to admit 20 students. He further submits that once the writ petitioner had been recognized by a recognizing body though outside the territorial jurisdiction of State of Uttar Pradesh then it cannot be said that now the writ petitioner has to apply again for registration of the college as the case of writ petitioner falls within the existing college and not a new college and thus according to him the recitals contained in the order dated 25.4.2024 with reference to the Guidelines and Minimum Requirements to Establish General Nursing & Midwifery School of Nursing insofar as, it relates to a fresh registration of college would be totally irrelevant as the case of the writ petitioner is to be guided and governed while treating it to be an existing institution.

¶13

In nutshell, the submission is that eligibility certificate/no objection certificate besides the State Government, is to be granted by respondent no.2 and once the registration of the students for

¶14

diploma course has been sought then the same cannot be negated on the ground that the authority which has to issue eligibility certificate/no objection certificate would withhold the registration. According to him, once an application has been preferred then it is for the respondent no.2 to take an active decision bearing in mind the future of the 20 students who have been admitted.

¶15

Countering the said submission, Sri Adarsh Bhushan who appears for the respondent no.2 submits that in the wake of the provisions contained under the Indian Nursing Council Act, 1947 in particular Section 10 along with the other sections as well as the guidelines and minimum requirement to establish General Nursing and Midwifery School of Nursing, now the petitioner who claims to be earlier registered with an authority in Madhya Pradesh is to get itself registered with the State Government and with respondent no.2 as the said action is being taken at the instance of respondents in pursuance to a decision taken by the Karnataka High Court and Apex Court in Writ Petition No.25355-25357 of 2017, Karnataka State Association of Nursing and Allied Health Science Institution and others v. Union of India and others decided on 24.7.2017 and the order of the Apex Court in Civil Appeal No.12759-12761 of 2017 dated 11.9.2017.

¶16

According to Sri Bhushan, now in the wake of statutory provisions and the mandate of Supreme Court, the writ petitioner is to by all eventualities in order to run college/institute obtain essentiality certificate/no objection certificate from State Government as well as from respondent no.2 and thereafter the registration would be done. He further submits that along with the instructions complete guidelines for the year 2024-2025 has been annexed, according to which modalities has been set out for the purposes of registration.

¶17

Sri Adarsh Bhushan, who appears for respondent no.2 further submits that in case the writ petitioner approaches the respondent no.2 fulfilling all the formalities then an inspection has been done by the officials of the respondent no.2 pursuant thereof they will examine the issue of infrastructure and other requirements, thereafter, recommend the case for the purposes of issuance of necessary certificate before the State Government, accordingly, it would be decided as to what would be the fate and number of students which would be allowed to take necessary experience from the institution in question.

¶18

Sri Anshul Nigam, who appears for the State-respondents has adopted the submissions of Sri Adarsh Bhushan, however, he

¶19

submits in the wake of decision taken by Karnataka High Court and Apex Court and the guidelines issued from time to time, the registration is compulsory and with regard to registration, there are some condition precedent which have also to be complied with.

¶20

At this juncture, learned counsel for the writ petitioner on instructions submits that the writ petitioner has no objection in applying for the essentiality certificate/no objection certificate, however, apprehensions are that the fate of 20 students who have been admitted in the petitioner-institute and their academic career will be kept in jeopardy as the entire exercise of granting registration would take long time.

¶21

Sri Adarsh Bhushan submits that first of all it is for the writ petitioner to apply before the second respondent after completing the formalities, once it is done then the Competent Authority shall take necessary action without any delay subject to cooperation of the writ petitioner and would also sympathetically consider the future of 20 students.

¶22

I have heard learned counsel for the rival parties and perused the record.

¶23

Pleadings reveal that the writ petitioner has established training institution in the year 1903 and the same is continued though it is recognized in Madhya Pradesh. The dispute arose when requirement has been set out for the purposes of registration with the second respondent and the State Government. Learned counsel for the writ petition though had made feeble attempt to argue that guidelines and minimum requirements to establish General Nursing and Midwifery School of Nurising relied upon by the respondents would not apply as it is not a case of fresh registration but the case falls under the category of institutes which have already been registered but in the opinion of the Court, the said submission is neither here nor there. Once the second respondent and the State of Uttar Pradesh has set out a guideline making it compulsory to obtain registration from an authority within the State of Uttar Pradesh which happens to be a field of working of writ petitioner-institute then writ petitioner cannot wriggle out from the said obligation. Moreover, the said guidelines containing the said requirement is not under challenge. It is always open for the respondents to devise a method through rules and regulations etc. to regulate the functioning and the working of the institute in their territorial jurisdiction. Nonetheless, no prejudice whatsoever is being caused as requirement is backed by any rule/law which is being put to motion thus, it is not open for the institute to question

¶24

the same until and unless the same is illegal arbitrary or discriminatory, which in the present case is lacking. Nevertheless, in the wake of the submission made by learned counsel for the writ petitioner on instructions that the writ petitioner shall apply for registration, thus, without going further into the said issue the writ petition is being decided in the following manner:-

¶25

(a) The writ petitioner shall fulfill all the formalities as set out under the relevant guidelines/statute for the purposes of registration with second respondent, U.P. Nurses and Midwives Council, Sarvpalli Mall Avenue Road Lucknow through its Registrar by 20.8.2024.

¶26

(b) On the receipt of the said motion by the writ petitioner, the second respondent shall examine the documents and in case there is any shortfall or deficiency then apprise the same to writ petitioner within 10 days therefrom.

¶27

(c) The writ petitioner on obtaining the information of shortfall or deficiency shall make it good within two weeks thereafter inspection shall be conducted by second respondent through its officials and member functionaries within a further period of one month.

¶28

(d) A report by the team shall be submitted within a further period of two weeks before second respondent.

¶29

(e) The second respondent through its officials and functionaries shall forward the entire documents to the State Government and as suggested by Sri Adarsh Bhushan, a member shall also be chairing the said Committee before the first respondent.

¶30

(f) The State Government, first respondent shall take appropriate decision within further period of further one month.

¶31

(g) The respondents herein shall make thorough enquiry and thereafter take a decision bearing in mind the issue relatable to infrastructure or other statutory requirements and also sympathetically with regard to the claims set up by the writ petitioner that 20 students have already admitted.

¶32

The instruction file today is taken on record and marked as appendix 'A'.

¶33

Order Date :- 18.7.2024/S.A.

¶34

Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Christian Hospital School of Nursing v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Christian Hospital School of Nursing v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Coram

Case details

All orders in this case

Similar cases

Mumtaj Ahmad Ansari vs Nagar Panchayat Katra Distt. Gonda Thru. Its Executive Officer and 2 Others

Priayanka Devi vs Shri Pratap Singh Baghel, Secy. Basic Shiksha Parishad, Prayagraj

Manish Yadav vs the Chairman and Managing Director Food Corporation of India Headquarters and 2 Others

Ramesh Chauhan and 3 Others vs Deputy Director of Consolidation and 4 Others

Magma Hdi General Insurance Company Ltd. vs Smt. Nirmala Devi and Another

Achchhe Lal and Another vs Deputy Director of Consolidation District Azamgarh and 9 Others