The Supreme Court of India has passed the following order on affiliation of nursing courses in case no CIVIL APPEAL NOS.12759-12761 OF 2017. The following is the order-
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.12759-12761 OF 2017
(Arising out of SLP(Civil) Nos.23346-23348 of 2017)
THE KARNATAKA STATE ASSOCIATION OF
THE MANAGEMENT OF NURSING AND ALLIED
HEALTH SCIENCE INSTITUTIONS & ORS.
.. APPELLANT(S)
Versus
INDIAN NURSING COUNCIL & ORS. .. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The learned Single Judge allowed the writ appeal in the
following terms:
“”16. In the circumstances, I am of the clear
view that the petitions (W.P.Nos.25355-57/2017)
are entitled to succeed. In the result, these
petitions ( W.P.Nos.25355-57/2017) are allowed.
It is declared that the Indian Nursing Council,
Respondent No.2 herein, has no authority to
grant recognition to the Institutions imparting
Nursing courses. The Respondent No.2 is
further restrained from publishing on its
website, materials indicating that the
institutions imparting Nursing courses have to
obtain recognition from Respondent No.2 and all
such materials from which it could infer
recognition is to be obtained from Indian
Nursing Council stand withdrawn from its
website forthwith. W.P. Nos.28383-28385/ 2017
which is also for the similar relief is
accordingly disposed of. Rule issued and made
absolute accordingly.”
3. Against the aforesaid Single Judge's judgment a writ appeal
was preferred to the Division Bench of the Karnataka High Court
2
which admitted the appeal and stayed the second part of the learned
Single Judge's order.
4. We are of the view that the two parts of the learned Single
Judge's order are inextricably inter connected. Once it is
declared that the Indian Nursing Council, Respondent No.2 has no
authority to grant recognition to the Institutions imparting
Nursing Course it must follow that the Respondent No.2 is,
therefore, restrained from publishing on its website, the material
that are indicated. We are, therefore, of the view that the
interim order passed by the Division Bench must be set aside and
the order of the learned Single Judge restored.
5. The appeals are allowed in the aforesaid terms.
....................J.
[ROHINTON FALI NARIMAN]
...................J.
[SANJAY KISHAN KAUL]
NEW DELHI,
SEPTEMBER 11, 2017.
3
ITEM NO.43 COURT NO.10 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (C) No(s). 23346-23348/2017
(Arising out of impugned final judgment and order dated 21-08-2017
in IA.NO.1/2017 in WA No. 4830/2017 and WA.Nos.4832-4822/2017
passed by the High Court of Karnataka at Bangaluru)
THE KARNATAKA STATE ASSOCIATION OF THE MANAGEMENT OF NURSING AND
ALLIED HEALTH SCIENCE INSTITUTIONS & ORS. Petitioner(s)
VERSUS
INDIAN NURSING COUNCIL & ORS. Respondent(s)
Date : 11-09-2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Petitioner(s) Mr. Shyam Divan, Sr.Adv.
Mr. H.N. Nagmohan Das, Sr.Adv.
Mr. S.G. Devasa, Adv.
Mr. Manish Tiwari, Adv,.for
M/s. Devasa & Co., AOR
For Respondent(s) Mr. Soli J. Sorabjee, Sr.Adv.
Mr. V.S.R. Krishna, Adv.
Mr. T. Mahipal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are allowed in terms of the signed order
(USHA RANI BHARDWAJ) (SAROJ KUMARI GAUR)
AR CUM PS BRANCH OFFICER
Signed order is placed on the file.