Orissa High Court
Secretary vs Aisect Junior Nursing School on 10 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. Nos. 286, 285, 287, 288, 289, 290, 291, 292, 293, 294, 295, 312,
320, 331, 332, 348, 350, 351 of 2012 and W.A. No.7 of 2013
RVWPET Nos. 157, 158 & 159 of 2012
Secretary, Orissa Nurses and Midwives .... Appellants
Examination Board, Khurda
(In W.A. Nos. 286, 285, 287, 288, 289,
290, 291, 292, 293, 294, 295 and 348 of
2012)
Mr. Rajani Ch. Mohanty, Advocate
-versus-
AISECT Junior Nursing School, ....
Deogarh and another
(In W.A. No.286 of 2012)
Tulsi ANM Training Center and
another
(In W.A. No.285 of 2012)
Moorshead Memorial Christian
Hospital Trust (MMCHT) ANM
Training Centre and another
(In W.A. No.287 of 2012)
Satyanarayan ANM Training School
and another
(In W.A. No.288 of 2012)
Netaji ANM Training Center and Respondents
another
(In W.A. No.289 of 2012)
Pramila Devi School of Nursing and
another
(In W.A. No.290 of 2012)
Tarini School of Nursing and another
(In W.A. No.291 of 2012)
SIEMS School of Nursing and another
(In W.A. No.292 of 2012)
Kalinga School of Nursing and another
(In W.A. No.293 of 2012)
Choudwar School of Nursing and
another
(In W.A. No.294 of 2012)
Page 1 of 6
Sashiprava School of Nursing and
another
(In W.A. No.295 of 2012)
Arun Panda and another
(In W.A. No.348 of 2012)
Mr. Aurovinda Mohanty, Advocate
For Indian Nursing Council
Indian Nursing Council .... Appellants
(In 312, 331, 332, 350 & 351 of 2012)
Mr. Aurovinda Mohanty, Advocate
-versus-
Tulsi ANM Training Centre and others ....
(In W.A. No.312 of 2012)
AISECT Junior Nursing School and
others
(In W.A. No.331 of 2012)
Satyanarayan ANM Training School
and others Respondents
(In W.A. No.332 of 2012)
SIEMS School of Nursing and others
(In W.A. No.350 of 2012)
Tarini School of Nursing and others
(In W.A. No.351 of 2012)
None
Tarini School of Nursing .... Appellant
(In W.A. No.320 of 2012)
None
-versus-
Secretary, Orissa Nurses and Midwives .... Respondents
Examination Board and others
Mr. Rajani Ch. Mohanty, Advocate
Mr. Aurovinda Mohanty, Advocate
Page 2 of 6
Bhagabat Sahoo .... Appellant
(In W.A. No.7 of 2013)
None
-versus-
State of Orissa and others .... Respondents
Mr. Rajani Ch. Mohanty, Advocate
Mr. Aurovinda Mohanty, Advocate
Tarini School of Nursing .... Petitioners
(In RVWPET No.157 of 2012)
Sunil Kumar Agrawalla
(In RVWPET No.158 of 2012)
SIEMS School of Nursing
(In RVWPET No.159 of 2012)
None
-versus-
Director, Medical Education & .... Opposite Parties
Training and another
Mr. Aurovinda Mohanty, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE CHITTARANJAN DASH
ORDER
10.10.2022
Order No.
22. 1. The batch of writ appeals filed by the Orissa Nurses and
Midwives Examination Board (ONMEB), represented by its
Secretary, and by the Indian Nursing Council (INC), are directed
against the common judgment dated 27th July 2012, passed by the
learned Single Judge in a batch of writ petitions filed by a various
Nursing Schools whose students were not permitted by the
Appellants to take the final exam on the ground that those
institutions were not recognized by the INC.
2. By the impugned order, the learned Single Judge of this Court,
while disposing of the writ petitions, directed the ONMEB to hold
an examination within a period of one month and further directed
that the students who would emerge successful in the said
examination should be issued certificates and registration numbers.
3. On 12th September 2012, this Court, while issuing notice in the
present batch of writ appeals, stayed the operative portion of the
impugned judgment. That stay order has been continuing for over
ten years now.
4. An affidavit was filed by Respondent No.1 in W.A. No.286 of
2012 on behalf of one of the Nursing Schools stating that the
students therein had taken admission to the ANM course for the
Sessions 2007-08 and 2008-09 respectively and they had already
completed their course. However, it is not denied in the said
affidavit that the said Nursing School was not recognized by the
State Nursing Council and Examination Board.
5. What is important to note here is that a No Objection Certificate
granted by the State Government cannot be taken to be a
recognition by the INC. This was pre-condition for admitting
students to a Nursing School.
6. The law in regard to the issue of students of a particular
institution being permitted to take exams without the institution
itself being recognized is fairly well settled in a series of judgments
and, therefore, the issue is no longer res integra. Reference can be
made to a decision of the Supreme Court dated 6th August, 2015 in
Civil Appeal No.7675 of 2009 (Punjab Nurses Registration
Council v. Shiv Shakti Educational Society), whereby the
Judgment of the Punjab and Haryana High Court dated 9th
December, 2007 in CWP No.17254 of 2007 was upheld by the
Supreme Court of India. Even, this Court in its judgment dated 13th
September, 2011 in W.A. No.41 of 2010 (Director of Medical
Education & Training v. Regional College of Health Science) has
in a very detailed judgment recognized the mandatory rule of prior
recognition by the INC for any Nursing School to admit students
for ANM courses. In particular, it has been observed in that case
that "since Respondent No.1-Institution is not a recognized
education institution, the very admission of the students in the said
institution is illegal, this Court cannot exceed its jurisdiction to
grant equitable relief against the provisions of the Act and the law
laid down by the apex Court in the cases referred to above as it
would amount to commission of illegality and irregularity in the
exercise of jurisdiction not vested in this Court".
7. This Court made a reference to the judgments of the Supreme
Court in Minor Sunil Oraon Tr. Guardian v. C.B.S.E. AIR 2007
SC 458, St. John's Teacher Training Institute (for women)
Madurai v. State of Tamil Nadu AIR 1994 SC 43, State of
Maharashtra v. Vikas Sahebrao, Roundale AIR 1992 SC 1926 and
Nageshwaramma v. State of Andhra Pradesh, AIR 1986 SC 1188.
8. Learned counsel(s) appearing for the Appellants (ONMEB and
INC) also drew the attention to the recent judgment of the Supreme
Court in National Council for Teachers Education v. Venus
Public Education Society, 2012 (7) Supreme 514.
9. In view of the settled legal position, this Court has no hesitation
in holding that the impugned judgment of the learned Single Judge
in the present batch of cases is unsustainable in law and it is hereby
set aside.
10. Accordingly, the writ appeals filed by the ONMEB and INC are
allowed but in the circumstances with no order as to costs.
Correspondingly the appeals filed by Tarini School of Nursing in
W.A. No.320 of 2012 and Bhagabat Sahoo in W.A. No.7 of 2013
are hereby dismissed.
RVWPET Nos.157, 158 & 159 of 2012
11. In view of the order passed today in W.A. No.286 of 2012 and
batch filed by ONMEB and INC allowing the appeals, these review
petitions are accordingly dismissed.
(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge
S. Behera/M Panda
