Karnataka High Court
Ms Daniya Joy vs The Indian Nursing Council on 7 February, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 28043 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
BEFORE R
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 28043 OF 2024 (EDN-RES)
BETWEEN
1. MS. DANIYA JOY,
AGED ABOUT 24 YEARS,
D/O. MR. JOY JOSEPH,
R/A. ALUNKAL HOUSE, CHITTARIKKAL,
KASARGOD, KERALA-670682.
2. MS. NEETHU BABY,
AGED ABOUT 23,
D/O. OF BABY ABRAHAM,
R/A. CHATHANKIRIYIL(H),
KANNIVAYAL P.O., KASARGOD,
KERALA-670511.
3. NEW R.K. COLLEGE OF NURSING,
MANGALORE, REPRESENTED BY ITS PRINCIPAL,
O/A, 40 BEACH ROAD, SUMMERSAND,
MANGALORE-575020.
4. KARNATAKA STATE PRIVATE MANAGEMENT
GIRIJA A ASSOCIATION OF HEALTH INSTITUTIONS ®,
BYAHATTI REPRESENTED BY ITS PRESIDENT,
Location: HIGH
MR. K. VENKATAGIRI, O/A, NO.07,
COURT OF
KARNATAKA
OPP. UNITY LIFE LINE HOSPITAL,
DHARWAD
BENCH 1ST BLOCK, 2ND STAGE, NAGARBHAVI,
BENGALURU-560072. (REGISTERED UNDER
THE SOCIETIES REGISTRATION ACT, 1860).
5. KARNATAKA NURSING STUDENTS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,
MR. NIKIL, O/A, NO.14, DENA BANK COLONY,
GANGANAGAR, BENGALURU-560032
(REGISTERED UNDER THE TRUST ACT, 1882)
...PETITIONERS
(By SRI. NITIN A.M., ADVOCATE)
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AND:
1. THE INDIAN NURSING COUNCIL,
8TH FLOOR, NBCC CENTER, PLOT NO.2,
COMMUNITY CENTER, OKHLA PHASE-1,
NEW DELHI-110002,
[email protected]
REPRESENTED BY ITS PRESIDENT.
UNDER INDIAN NURSING COUNCIL ACT, 1947.
2. KERALA NURSES AND MIDWIVES COUNCIL,
REPRESENTED BY ITS REGISTRAR,
HAVING OFFICE AT, FWXR+RJ4, RED CROSS RD,
JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM, KERALA-695035.
UNDER NURSES AND MIDWIVES ACT, 1953.
3. KARNATAKA STATE NURSING COUNCIL,
REPRESENTED BY ITS REGISTRAR, 71,
NIGHTINGALE TOWERS, A STREET,
6TH CROSS RD, NEAR MOVIELAND THEATER,
A.R. EXTENSION, GANDHI NAGAR,
BENGALURU-560009.
CONSTITUTED UNDER KARNATAKA NURSES,
MIDWIVES AND HELATH VISITORS ACT, 1961.
...RESPONDENTS
(BY SRI. SHIVARUDRA, ADVOCATE FOR R1;
SRI. SIJI MALAYIL, ADVOCATE FOR R2;
SMT. JYOTI M. MARADI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING DIRECTION TO THE
RESPONDENT NO.2, TO GRANT RECIPROCAL REGISTRATION TO THE
STUDENTS OF THE PETITIONER ASSOCIATIONS IN TERMS OF THE
ORDER DATED 22.01.2019 IN CIVIL APPEAL NO.958/2019;
DIRECT THE RESPONDENT NO.2, NOT TO INSIST ON THE GRANT OF
RECOGNITION OR OTHERWISE OF THE INSTITUTIONS UNDER THE
PETITIONER ASSOCIATION FROM THE INDIAN NURSING COUNCIL
FOR GRANT OF RECIPROCAL REGISTRATION TO THE STUDENTS OF
THE PETITIONER ASSOCIATIONS; DIRECT THE RESPONDENT NO.1
TO INTIMATE ALL THE STATE NURSING COUNCILS NOT TO MANDATE
INC AFFILIATION/RECOGNITION IN LIGHT OF THE ORDER PASSED
BY THE HON'BLE SUPREME COURT IN CIVIL APPEAL ARISING OUT OF
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SPECIAL LEAVE PETITION (C) NO.9/2014, FURTHER IN THE ORDER
PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA IN WP
NOs.25355-25357/2017 DATED 24.07.2017; DIRECT THE
RESPONDENT NO.2 TO PERMIT THE PETITIONER NO.1 AND 2 TO
REGISTER THEMSELVES IN THE REGISTER OF NURSES AND TO
ENABLE THEM TO PRACTICE NURSING IN THE STATE OF KERALA;
DIRECT THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION,
ANNEXURE-A1 AND A2, DATED 11.04.2024 RESPECTIVELY AND
REQUISITIONS FILED BY THE PETITIONER NO.1 AND 2 AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 25.01.2025, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CAV ORDER
1. The Petitioners are before this Court seeking for the
following reliefs:
1. Direction to the Respondent No.2, to grant
reciprocal registration to the students of the
Petitioner Associations in terms of the order
dated 22.01.2019 in civil appeal no.958/2019;
2. Direct the Respondent No.2, not to insist on the
grant of recognition or otherwise of the
institutions under the Petitioner Association
from the Indian Nursing Council for grant of
reciprocal registration to the students of the
petitioner associations;
3. Direct the Respondent No.1 to intimate all the
State Nursing Councils not to mandate INC
affiliation/recognition in light of the Order
passed by the Hon'ble Supreme Court in Civil
Appeal arising out of Special Leave Petition (C)
No.9/2014, further in the order passed by the
Hon'ble High Court of Karnataka in WP
Nos.25355-25357/2017 dated 24.07.2017;
4. Direct the Respondent No.2 to permit the
Petitioner No.1 and 2 to register themselves in
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the Register of Nurses and to enable them to
practice nursing in the state of Kerala;
5. Direct the Respondent No.2 to consider the
Application, Annexure-A1 and A2, dated
11.04.2024 respectively and requisitions filed
by the Petitioner No.1 and 2.
6. Pass such other orders and directions that this
Hon'ble court deems fit in the interest of justice
and equity.
2. The brief facts of the case are;
2.1. Petitioner No.3 is a College of Nursing,
Petitioner No.4 is an Association of Nursing
Colleges, Petitioner No.5 is an Association of
Nursing Students and Nursing Graduates and
Petitioner Nos. 1 and 2 are nurses.
2.2. Petitioners No.1 and 2 claim to have completed
their education in BSc. Nursing from Petitioner
No.3 College in the year 2023 and have been
registered with Respondent No.3. The
petitioners, intending to practice their
profession in Kerala, submitted an application
to Respondent No.2, Kerala Nurses and
Midwives Council, for registering themselves.
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2.3. On 11.04.2024, in response thereto,
Respondent No. 2, via e-mail, called upon the
petitioner to submit their INC (Indian Nursing
Council) registration/affiliation of the Nursing
Institution from where they had completed
their education in B.Sc. Nursing. The
petitioners informed Respondent No.2, that
there is no recognition required from INC and,
as such, called upon Respondent No.2 to
process their applications.
2.4. Petitioners No.1 and 2 had also approached
Petitioner No.3 College, Petitioner No.4
Association, and Petitioner No.5 Association of
Students, to intervene and resolve the issue
so as to enable the petitioners to practice in
Kerala. However, the intervention of
Petitioners No.3 to 5 also did not yield any
results.
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2.5. It is in those circumstances that the
petitioners are before this court seeking for
the aforesaid reliefs.
3. The submission of Sri. Nitin A.M., learned counsel for
the petitioners is that;
3.1. Petitioner No.1 and 2, having completed their
BSc. Nursing and Petitioner No.3 College,
which is recognized by Respondent No.3,
Karnataka State Nursing Council, Respondent
No. 2, Kerala Nurses and Midwives Council,
could not reject the claim of the petitioner to
practice their trade and profession in the State
of Kerala.
3.2. Insistence by Respondent No.2, on recognition
or registration from the Indian Nursing
Council, is completely bereft of merits and
without any basis, no such insistence could be
made by Respondent No.2. Petitioner No.3
College, being registered and recognized by
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the Respondent No.3 Karnataka State Nursing
Council, Respondent No.3, conducting the
courses as per the syllabus of Respondent
No.1, the degree secured by Petitioners No.1
and 2 ought to have been recognized by
Respondent No.2, and they be taken on the
roll of Respondent No.2 so as to enable them
to practice their trade and profession in the
State of Kerala.
3.3. Any degree of Nursing granted by any college
in the country affiliated to respective State
Nursing Councils ought to be recognized by
any other Nursing Council of any other State
and the successful graduate ought to be
enrolled to that State Nursing Council's rolls so
as to give effect to the fundamental right of
Trade and Profession guaranteed under Article
19 of the Constitution of India.
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3.4. Lastly, it is argued that there is no affiliation
granted by the Indian Nursing Council or
recognition which can be granted by the
Indian Nursing Council.
3.5. The Hon'ble Apex Court, in its judgment in the
case of Private Nursing Schools and
Colleges Management Association Vs. The
Indian Nursing Council and Ors.1 has
categorically held that, it is the State
Government that has the power to grant
recognition and that the Indian Nursing
Council has no authority to grant such
recognition. The Hon'ble Apex Court having
held that it is only the State Government
which can grant recognition, there could not
have been insistence made by the 2nd
respondent that recognition has to be obtained
from the INC.
1
Civil Appeal No.958/2019
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4. Sri. Shivarudra, learned counsel appearing for
respondent No.1 - Indian Nursing Council (INC),
submits that;
4.1. The INC has nothing to do with the dispute
between the petitioners and Respondent No.2.
The Indian Nursing Council Act, 1947, being a
central enactment, and the Karnataka
Nurses, Midwives and Health Visitors Act,
1961, being a state enactment, operate in
their respective spheres. There is no overlap
between them. Any reciprocity would have to
be as per the decision of the state authorities.
4.2. The INC has neither mandated the rejection of
registration nor recommended the registration
on the basis of a reciprocal arrangement or
otherwise. Each State Nursing Council is
governed by its own State Act. The INC does
not exercise any supervisory power over the
State Council and therefore INC has been
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unnecessarily made a party to these
proceedings.
4.3. However, where colleges have been inspected
by the INC, the INC issues a suitability
certificate, and sometimes this suitability
certificate is considered by the State Councils
for the grant of reciprocal registration.
4.4. The grant of a suitability certificate, he
submits, ensures that the concerned Nursing
Institution has the requisite teaching, clinical,
and infrastructural facilities.
4.5. In the present case, Petitioner No.3 has
neither applied for nor has been granted any
suitability certificate by the INC. The
recognition of Petitioner No.3 has been
obtained from the State Nursing Council. His
submission is that there is a difference
between recognition of a nursing institution
and the grant of suitability to such nursing
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institution. The recognition being granted by
the State Nursing Council, the suitability
certificate is issued by the Indian Nursing
Council, there is no requirement of a suitability
certificate for imparting education in nursing,
so long as recognition has been granted to
such a college.
4.6. Irrespective of the above, it is for the
respective States to look into this issue and
grant reciprocity on the basis of such
conditions that each of the State Councils may
choose to prescribe.
4.7. He again reiterates that the Indian Nursing
Council has neither restrained nor
recommended the restraining of reciprocity.
4.8. In this regard, he relies upon the decision of
the Hon'ble Apex Court in the case of Private
Nursing Schools and Colleges
Management Association Vs. The Indian
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Nursing Council and Ors.2, more
particularly, Para 6 thereof, which is
reproduced hereunder for easy reference:
6) We may indicate that Section 14 deals
with withdrawal of recognition which is a
stage which has not yet been reached on
the facts of this case. We, therefore, declare
that consistent with their fundamental right
under Article 19(1)(g) of the Constitution of
India, to practice their occupation
throughout the territory of India, legislation
in the form of the Nursing Council Act of
1947 has not restricted nor does it purport
to restrict their practice of nursing once a
Degree or Diploma is granted by the State
Authority to that State only.
4.9. By relying on the above extracted Para, he
submits that the Indian Nursing Council Act of
1947 has not restricted nor does it purportto
restrict the practice of nursing once a degree
or diploma is granted by a State Authority to
that State only.
4.10. He also relies upon the judgment of the
Hon'ble Rajasthan High Court in the case of
Indian Nursing Council Through Its
2
Civil Appeal No.958/2019
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Secretary Vs. Kamaksha Institute of
Nursing and Others3, The relevant
paragraphs are reproduced hereunder for easy
reference:
"By Section 2(A), the 'Council' means
the Council constituted under the
Act. Section 3(b) deals with the constitution
and composition of the "Council". The Council
is an incorporated body under Section 4,
having perpetual succession. The Council is
controlled by its Executive Committee
(formed under Section 19).
Section 10 lays down a scheme
whereby apart from the institutions initially
recognised and listed under the First
Schedule, other institutions such as colleges
etc. can be granted recognition by the State
Council in accordance with State Legislation.
This is having regard to the federal nature of
the power involved in the present case. The
effect of such recognition by the State
Council is elaborated in Section 11. Sections
13 and 14 which are important for these
purposes.
It is the Executive Committee of the
Central Council which has overarching
powers to inspect recognized institutions. The
Executive Committee under Section
13(3) has to forward a copy of its inspection
report to the concerned institution or
authority and also forward another copy to
the State Council. If the Executive
Committee is of the opinion that the
standards of proficiency in regard to any
matter enumerated under Section 14(1) are
not in compliance with its regulations, (i.e.,
standards of teaching or imparting
3
D.B. Spl. Appeal Writ No.508/2018
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education), it can take further action which
includes withdrawal of recognition of
qualification under Section 14(3)(a) (9 of 10)
[SAW-508/2018] or withdrawal of recognition
for the entire institution itself [Section
13(3)(d)]. The mode of such withdrawal of
recognition is through a declaration
under Section 15. This has to be notified in
the official gazette by the Central
Government.
It is, therefore, clear from the above
provisions that the Central Council acting
through the Executive Committee has ample
powers to inspect recognized institutions,
colleges etc. which are recognized by the
State Council. This is in furtherance to the
Union's powers of coordination and
determination of standards under Entry No.
66 of the List-1 of the VII Schedule to the
Constitution of India. Being primarily, a
standard setting and coordinating body, the
Council is empowered with consequential
power to ensure compliance, by way of
constant oversight. At the same time, this
Court is of the opinion that such a power of
inspection cannot be invoked arbitrarily and
must be for some reason expressly recorded
in its files. The mode of taking action
pursuant to any deficiency found would also
entail active involvement of the State
Council, which is primarily seized of matters
regarding recognition, enforcement etc.
Natural justice and a degree of fairness is
involved and has to necessarily be followed if
recognition, once granted, is sought to be
withdrawn."
4.11. By relying on the judgment in Kamaksha
Institute's case, he submits that recognition
can be granted only by a State Council in
accordance with the State Legislation having
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regard to the federal nature of the powers
involved and seeks to contend that the power
of the Central Committee is to carry out
inspections to ascertain if all the compliances
have been met by the college. If there are any
deficiencies, the same can be brought to the
notice of the State Council to take necessary
action.
4.12. He relies upon the judgment of the Full Bench
of the Hon'ble Kerala High Court in the case of
K. Velayudhan Memorial Trust Vs. State of
Kerala and Ors.4 , more particularly Para
nos. 10 and 20 thereof.
"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
4
W.A. No.796/2010
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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 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,
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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 up to 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"
4.13. By relying on the above, he submits that the
function of the Central Council is to only grant
recognition of qualification. The recognition
and enrolment is done by the State. The
Central Council can only de-recognize any
recognized qualification. It cannot de-
recognize a particular college and in
furtherance thereof, the Central Council
prescribes the minimum facilities to be
provided for in nursing institutions.
4.14. Thus, he again reiterates that the dispute is
between the Petitioners and Respondent No.2
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and Respondent No. 1 has nothing to do with
it.
5. Sri. Siji Malayil, learned counsel appearing for
Respondent No.2, submits that;
5.1. The writ petition is not maintainable. The
petitioners are residing in Kerala. The relief is
being sought for against the Kerala Nursing
Council, and therefore this Court would not
have jurisdiction.
5.2. He relies upon Section 21 of the Kerala Nurses
and Midwives Act, 1953 ('the Act of 1953',
in short), which is reproduced hereunder for
easy reference:
21. Application for Registration:-
(1) An application for registration under
section 20 shall be in the prescribed form
and shall be accompanied by a fee of rupees
ten.
(2) All applications under sub-section (1)
shall be sent direct to the Registrar who shall
place them before the Council for its
decision.
(3) If the Council directs the registration of
the applicant, the Registrar shall enter the
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name of the applicant in the appropriate
register and issue to him a certificate in such
form and containing such particulars as may
be prescribed by rules.
5.3. By referring to the said provision, he submits
that registration with the 2nd respondent is
mandatory to practice/engage in the
profession of nursing in the State of Kerala.
Without such registration, no such permission
can be granted, nor would any person be
entitled to practice the profession of nursing in
the State of Kerala.
5.4. He also relies on Section 22 of the Act of
1953, which is reproduced hereunder for easy
reference;
22. Admission to register of persons
registered in any State in India -
Subject to such conditions and on
payment of such fees as may be
prescribed by rules, any person who
proves to the satisfaction of the Council
that he has been registered as nurse,
midwife, auxiliary nurse-midwife or
health visitor in any other State in India
may be registered as a nurse, midwife,
auxiliary nurse - midwife or health visitor
under this Act.
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and submits that, only if a person satisfies the
council that he or she has been registered as a
nurse, midwife, auxiliary nurse-midwife or
health visitor in any other State in India, that
such person may be registered as a nurse,
midwife, auxiliary nurse - midwife or health
visitor in the State of Kerala.
5.5. The writ petition is also bad for misjoinder of
parties inasmuch as petitioners No.3 to 5 have
no cause of action to file the petition. The
petition has been filed arraigning petitioners
No.3 to 5 only to try and make out jurisdiction
for this Court. The entire cause of action
having occurred within the jurisdiction of the
State of Kerala, this Court would not have the
jurisdiction.
5.6. On a careful perusal of Section 13 of the
Indian Nursing Council Act 1947, a suitability
certificate has to be issued by the INC, and
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that is the reason why Respondent No.2 has
sought for production of such a certificate. The
said certificate not having been furnished, the
petitioners have not been permitted to
enroll/register with the second respondent.
5.7. On these grounds, he submits that the above
petition does not make out any valid ground
and is hence required to be dismissed.
6. Heard Sri. Nitin A.M., learned counsel for the
petitioner, Sri. Shivarudra, learned counsel for
respondent No.1, Sri. Siji Malayil, learned counsel for
respondent No.2 and Smt. Jyoti M. Maradi, learned
counsel for respondent No.3. Perused the records.
7. The points that would arise for consideration are:
1. Whether a State Nursing Council could
insist on production of certificate of
recognition/registration from the Indian
Nursing Council for the purpose of
registration or enrolment as a nurse in
the particular State?
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2. Whether the Indian Nursing Council,
does in fact grant any recognition to a
college or a student?
3. Can a State Nursing Council restrict the
registration of a nurse, midwife,
auxiliary nurse-midwife or health visitor
in any other State in India, if not
educated within that State?
4. What Order?
8. I answer the above points as under:
9. In so far as jurisdiction is concerned I am of the
considered opinion that the petitioners having
studied in the state of Karnataka and the degree
being that issued by a university situate within the
state of Karnataka, this court would have jurisdiction.
10. Answer to Point No.1:Whether a State Nursing
Council could insist on production of certificate
of recognition/registration from the Indian
Nursing Council for the purpose of registration
or enrolment as a nurse in the particular State?
10.1. Sections 13 and 14 of the Indian Nursing
Council Act, 1947 are reproduced hereunder
for easy reference:
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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 of 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 the 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
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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
theStates shall be a recognised qualification
only if granted before a specified date.
10.2. A perusal of both the above provisions does
not indicate any recognition which can be
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granted by the Indian Nursing Council, though
there is a provision for the grant of a
suitability certificate. There is no mandate
under the Indian Nursing Council for a college
involved in field of education in nursing to
seek and obtain registration from INC for the
purpose of carrying out its activities.
10.3. There being no requirement for registration
with the INC, nor any procedure being
provided for under the Indian Nursing Council
Act for registration, the question of the second
respondent insisting upon Petitioner No.1 and
2 to produce such registration certificate from
the INC in respect of Petitioner No.3 does not
arise. Since none can be granted, no
certificate could ever be produced, even if
insisted upon.
10.4. Thus, it is clear that there is no recognition
which is required to be obtained from the INC,
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nor is there any registration contemplated
under the Nursing Council of India Act, for any
college rendering education in nursing.
10.5. What is referred to is the suitability certificate.
The aspect of suitability certificate would arise
only if any complaints are filed requiring
inspection by the Central Council, and the
suitability report would be forwarded to the
State Council for action on deficiencies, if any.
10.6. The inspection for suitability also does not
confer any recognition or registration to any
college. The registration, as contemplated in
the present scheme of law, is for a college to
register with the State Council.
10.7. Thus, I answer point No.1 by holding that a
State Nursing Council cannot insist on the
need to furnish a certificate of registration
/recognition from the Indian Nursing Council
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for the purposes of enrolment/registration to
practice the profession of nursing in that state.
11. Answer to Point No.2: Whether the Indian
Nursing Council, does in fact grant any
recognition to a college or a student?
11.1. This point is related to point No.1, having held
that the Indian Nursing Council does not grant
any recognition or registration for a college,
the same would imply that there is no such
registration or recognition for a student also
by the Indian Nursing Council. The Indian
Nursing Council only fixes the qualifications
that are recognized by it. These qualifications
could be added or deleted by the Indian
Nursing Council, and the State Council would
be bound to follow the said requirements of
the Indian Nursing Council.
11.2. The fixing of qualifications does not, in any
manner, amount to registration or recognition
by the Indian Nursing Council. The fixing of
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such qualifications only enables the concerned
States and Colleges to initiate education
courses as per the qualification prescribed by
the Indian Nursing Council.
11.3. Thus, I am of the considered opinion that the
Indian Nursing Council does not grant any
recognition or registration for either the
college or the student.
12. Answer to point No.3: Can a State Nursing
Council restrict the registration of a nurse,
midwife, auxiliary nurse-midwife or health
visitor in any other State in India, if not
educated within that State?
12.1. The Hon'ble Apex Court in Private Nursing
Schools and Colleges' case at para No.6
which has been extracted hereinabove, has
held that, consistent with the fundamental
right under Article 19(1)(g) of the Constitution
of India, the Nursing Council Act of 1947 has
not restricted nor does it purport to restrict
the practice of nursing, once a degree or
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diploma is granted by a State Authority, to
that respective State only.
12.2. The Hon'ble Apex Court, in a similar matter,
was dealing with the power of the Indian
Nursing Council. In the present matter, I am
dealing with the powers of the State Nursing
Council. The Hon'ble Apex Court having held
that the Indian Nursing Council has no such
power, what is to be seen is whether the State
can restrict registration to students educated
within its own territorial limits insofar as
registration of nurses are concerned.
12.3. India is one single country with one single
citizenship. Though a person may be domiciled
anywhere, the citizenship remains one and the
same. There is no restriction of the movement
of any citizen of India from one State to
another. A citizen may be born in one State,
may get educated in another State, work in a
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third State, spend his/her retirement years in
a fourth State, and finish his/her life cycle in a
fifth State, or in multiple States thereof. There
is no legal restriction in this regard by any law
in force in the country.
12.4. No law can bind a person to a particular State,
or mandate that a person can only work in the
State where he or she has obtained his or her
education. Narrow parochial views like these
must be avoided and it is required to be held
that a citizen of the country having a
fundamental right to practice any trade or
profession, such a person would be so
permitted to practice their trade or profession
anywhere in the country.
12.5. In the present case, what is even more of
interesting is that the petitioners are residents
of Kerala. They came to a college in the State
of Karnataka for education, obtained their
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degrees in Karnataka and when they wanted
to go back to work in the State in which they
were born, the authorities in the State have
refused to register them as nurses on the
ground that the college from which they
obtained their education and their degrees is
not registered with the INC.
12.6. This, in my considered opinion, is a dis-service
done by the 2nd respondent for persons born
within its own State, to say the least. As
aforesaid, the Indian Nursing Council not
providing for any recognition or registration,
the question of the 2nd respondent insisting
on such a recognition or registration is clearly
contrary to law.
12.7. The suitability referred to by both Sri.
Shivarudra and Sri. Siji Malayil is as regards
any deficiencies in the Indian Nursing Council
can point-out in a report to be sent to the
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State Council for action to be taken. Even if
there is no suitability or if there are any
deficiencies, the Indian Nursing Council (INC)
by itself cannot take any action against the
college.
12.8. Thus, whether the INC considers the college
suitable or not is immaterial, since the
authority to take action for any violation or
deficiencies is vested only with the State
Government and the State Nursing Council.
12.9. Thus, the report as regards suitability
submitted by the INC is not a certificate of
suitability, but a report on the infrastructure
and other aspects of the college, submitted to
the State Council for necessary action. In that
view of the matter, the INC does not either
grant recognition or registration, nor is a
suitability certificate issued by the Indian
Nursing Council.
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12.10. That being the case, it being established that a
State Nursing Council and the State
Government, which recognises a college,
issues a certificate through that University to
which the said college is affiliated to, such a
degree conferred on such a student is valid
across the country. A degree issued by a
University having jurisdiction in a particular
taluka, district, or State cannot be said to be
confined to that particular taluka, district, or
State. But the degree would be recognized not
only in all States of the country, but even
abroad. Since it is a University, which is
recognized and conferred with the power to
confer degrees and diplomas, which, when
conferred on the students like Petitioners No.1
and 2, such degrees would have to be
accepted and acted upon by all concerned
authorities in this country and outside.
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12.11. Thus, without prejudice to the earlier
observation that such a degree would be
recognized even abroad, the degree being
recognized across the whole of the country, a
citizen of the country cannot be restricted in
terms of practicing that trade or profession,
when such a degree entitles that person to
practice in the trade or profession in the entire
country.
12.12. By contending that the degree is not conferred
by the State, or by the State Council, or by
the University within that particular State, a
citizen of the country cannot be stopped from
practicing such trade or profession in that
State.
12.13. This demand on the part of Respondent No.2,
in my considered opinion, is completely
fallacious, bereft of any merit, and is contrary
to the law, more particularly, the Constitution,
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which guarantees the freedom to practicing
any trade or profession under Article 19(1)(g).
12.14. The only restriction that could be imposed
under Article 19(2) is a reasonable restriction.
That reasonable restriction could extend to the
requirement of registration of such a
professional within that State. This could be
for various reasons, including disciplinary,
which need not be adverted to here.
12.15. Thus, even if respondent No.2 having insisted
that the petitioners No.1 and 2 have to
register within the State of Kerala with
respondent No.2, no infirmity or fault can be
found with such a request, or demand made
by Respondent No.2. Though Sri. Nitin A. M.,
learned counsel for the petitioners, contends
that Respondent No.2 ought to grant
reciprocity, I am of the considered opinion that
there is no question of reciprocity. Once a
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citizen of India is qualified and has been
conferred a degree, that degree would be valid
across the country, which has to be recognized
by every institution. There would be no
requirement for any separate arrangement
between the Nursing Councils of one State and
another State to arrive at reciprocity. The
concept of reciprocity is unnecessary because
the recognition of the degree being
nationwide, any Nursing Council across the
country would have to consider and act upon a
degree conferred in another State, on account
of the education being completed in a college
recognized by the Nursing Council of that
State.
12.16. In fact Section 22 of the Act of 1953, which
has been reproduced herein above also speaks
of admission to register of a person registered
in any state in India, on payment of such
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prescribed fees and satisfaction that such
person has registered in any other state. The
registration in any other state is redundant in
as much as without registering in any other
state where such person has undergone
education, such person can seek for
registration in any other state, where the
person resides or intends to carry on his/her
profession. Thus, no insistence can be made
for registration in any other state in order to
be registered in that state.
12.17. It is however, required to be stated that if a
person were interested in practicing a trade or
profession, like nursing, within the State of
Kerala, such person would have to register
with Respondent No.2 to do so. Having said
that Respondent No.2 cannot deny registration
to a person who is otherwise qualified and who
has been conferred a degree, which entitles
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such a person to practice the profession of
nursing.
12.18. Thus, in the present case, Petitioners No.1 and
2, having successfully completed their
education in BSc Nursing, and having been
conferred with such a degree as BSc Nursing,
an application made by them to Respondent
No.2, ought to have been considered by
Respondent No.2 and their registration should
have been processed favourably.
12.19. Thus, I answer Point No.3 by holding that a
State or State Nursing Council cannot seek to
deny registration of a graduate in BSC
nursing on the ground that the said student
has not graduated from a college within the
state.
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13. Answer to Point No.4: In view of my answers to
Point Nos.(1), (2) and (3) above, I pass the
following:
ORDER
i. Writ Petition is allowed.
ii. Respondent No.2 is directed to register Petitioners
No.1 and 2, and any other graduate holding a
degree in Nursing, so as to enable them to
practice the profession of nursing in the state of
Kerala.
iii. It is declared that Respondent No.2 cannot insist
on the grant of any recognition from the 'Indian
Nursing Council', suitability or otherwise, in
respect of the college nor is there any requirement
for a graduate of nursing to have registered under
any other state council, before seeking for
registration in the state of Kerala.
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iv. Respondent No.1 is directed to forward a copy of
this order to all State Nursing Councils, for
necessary action.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
Gab
Ct-mkc
