Shiva Trusts Shruti Nursing ... vs The Indian Nursing Council ...
2021 Latest Caselaw 9287 Bom

                                                                      5661.20ca etc
                                        (1)

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              911 CIVIL APPLICATION NO.5661 OF 2021
      IN WP/11106/2016 WITH WP/11106/2016 WITH WP/11108/2016

     SHIVA TRUST'S SUPRIYADIDI SULE COLLEGE OF NURSING
                     THROUGH PRESIDENT
                          VERSUS
     THE INDIAN NURSING COUNCIL THROUGH ITS REGISTRAR
                        AND OTHERS

Mr A. D. Shinde, Advocate h/f Mr A. V. Hon, Advocate for
applicant/petitioner;
Mr Alok Sharma, Advocate for respondent No.1;
Mr C. A. Jadhav, Advocate for respondent No.2

                                       WITH
                            WRIT PETITION NO.11108/2016

           SHIVA TRUST'S SHRUTI NURSING SCHOOL
                      THROUGH PRESIDENT
                               VERSUS
 THE INDIAN NURSING COUNCIL THROUGH ITS REGISTRAR
                          AND ANOTHER
                                  ...
Mr A. D. Shinde, Advocate for applicant/petitioner;
Mr Alok Sharma, Advocate for respondent No.1;
Mr C. A. Jadhav, Advocate for respondent No.2

                                    CORAM : RAVINDRA V. GHUGE
                                                   AND
                                            S. G. MEHARE, JJ.

DATE : 15th July, 2021

PER COURT:

1. Despite the matter having been granted a pass over and a message

having been sent to Advocate Mr K. M. Suryawanshi, he has not

remained present to represent respondent No.3 - Maharashtra State

Health University.

5661.20ca etc

2. By this civil application, the applicant-petitioner has put forth

prayer clauses (A) and (B) as under :

"A) Grant this civil application and the writ petition No. 11106 of 2016 be disposed off in the light of the order dated 9.10.2017 passed by this Hon'ble Court in writ petition No. 11260 of 2017 with writ petition No.10639 of 2017.

B) The respondents Maharashtra University of Health Sciences be directed to issue degree certificates to all the students of the applicant college who have been passed B.Sc. Nursing Course of 2016-17 batch."

3. Mr Alok Sharma, the learned Advocate representing the Indian

Nursing Council, New Delhi, submits, in the light of the judgment

delivered by this Court on 09/11/2017 in Writ Petition No.11260/2017,

filed by the Private Nursing Schools and Colleges Management

Association versus the Union of India and Writ Petition No.10639/2017,

filed by Shiva Trust's Supriyadidi Sule College of Nursing at Wadala

Mahadeo (the petitioner before us) versus the Indian Nursing Council and

others, that this Court has ruled that it would be the Maharashtra Nursing

Council and not the Indian Nursing Council which can entertain the

grievance of the petitioner and prayer clause (B) put forth by this

applicant-petitioner.

4. The learned Advocate representing respondent No.2 - Maharashtra

Nursing Council, submits on instructions that respondent No.2 has no

5661.20ca etc

objection for granting prayer clauses (A) and (B) set out in this civil

application. We repeated our question as to whether he has been

authorized by respondent No.2 for making such statement and he has

confirmed that he has been instructed to make such statement.

5. In view of the above, this civil application is allowed in terms of

prayer clauses (A) and (B) reproduced above. Consequently, both the

writ petitions stand disposed off.

(S. G. MEHARE, J.)                       (RAVINDRA V. GHUGE, J.)



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