Florence Nightingale College of Nursing vs The State of M.P.

Heard. The petitioner has filed this petition against the orders dated 15/12/2011 and 28/02/2012 (Annexures P/1 and P/2) by which the petitioner has been refused to grant affiliation by the University.

The petitioner is an Institution managed by a Society registered under M. P. Societies Registration Act, 1973. It applied to Indian Nursing Council for recognition in regard to running nursing courses. The petitioner-institution was granted recognition by Indian Nursing Council vide order dated 31/03/2010 ( Annexure P/4) with intake of 30 seats for P B BSC ( Nursing) Course and M. Sc.( Nursing) Course with intake of 15 seats. Copies of orders have been filed as Annexures P/4 and P/5 along with the petition.

The petitioner-institution applied for grant of affiliation to the University. Earlier to that, the petitioner had been granted affiliation by the University and NOC by the State Government and Mahakaushal Nurses Registration Council,however, the University refused to grant affiliation to the petitioner vide impugned orders on the ground that the petitioner had not received NOC from the Higher Education Department of State of M.P and Mahakaushal Nurses Registration Council.

As per the University, the NOC is necessary for affiliation in accordance with the provisions of statue nos. 27-28, the relevant provisions are as under:

4 (A) On receipt of permission from Commissioner, Higher Education to start new college or new subject/ course/ faculty, the society will apply for starting new college or starting new subject course as the case may be to Registrar of the concerning University along with the copy of the permission/N.O.C. from Commissioner Higher Education and if it relates to any Professional course also an NOC/ permission from the concerned state/central Agency latest up to 31st December. The University will take decision as to the affiliation latest by 28th February.

Indian Nursing Council also issued guidelines for starting B.Sc. (Nursing) course and in accordance with the aforesaid guidelines. The Institution has to receive approval from the State Nursing Council and University before starting the nursing programme and the relevant provision as under:

After the receipt of the permission to start the nursing programme from Indian Nursing Council, the Institution shall obtain the approval from the State Nursing Council and University.

The Division Bench of this Court main seat at Jabalpur in W.P. No. 14544/2011 has held as under:

This line of defence does not make any difference to the issue pointed out by the above quoted order dated 20.09.2011 because once the education of graduation level in the subject of Nursing is covered by the Indian Nursing Council Act, 1947 under the central list of the 7th Schedule of the Constitution of India, no State Act can be made so as to create a dual control over the education.

In the circumstances, we hold that the University cannot insist for a NOC either from the State Government or from the Nurses Registration Council for considering the affiliation of the petitioner college for the course of B.Sc. (Nursing) after such course has been given recognition or clearance under the Indian Nursing Council Act, 1947.

In the circumstances, the University will consider the affiliation for the year 2010-2011, and also for such subsequent years for which the recognition under the Indian Nursing Council Act 1947 subsists, without insisting for any such NOC either from the State Government or from the Nurses Registration Council. The decision will be taken by the University within 3 months.

Till such decision is taken by the University, the examination forms of the students for second year of B.Sc. (Nursing) for the year 2010-2011 will be provisionally accepted by the University and such students will be allowed to appear in the said examination. Their result will abide the decision of the University contemplated by this order.

The writ petition is accordingly disposed of.

Certified copy as per rules.

From the aforesaid judgment, it is clear that receiving NOC for affiliation is not a condition precedent. Consequently, the petition of the petitioner is allowed. The University is directed to consider the grant of affiliation without insisting the condition of receiving NOC, subject to fulfillment of other qualifications as required under the statute. No order as to costs.