Gujarat High Court Case Information System
Print
SCA/3754/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3754 of 2010
=========================================
SIDDHI
VINAYAKA CHARITABLE TRUST AND SAHJANAND SCHOOL OF - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
TR MISHRA for the Petitioner.
Ms.M.L.Shah, Assistant GOVERNMENT
PLEADER for Respondent no.1.
MR PS CHAMPANERI for Respondent
no.2.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/05/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petitioner Trust is running a Nursing School known as Sahajanand
School of Nursing imparting education of Nursing, Midwives and Health
visitors under The Gujarat Nurses, Mid-wives and Health Visitors’
Act, 1968. The Institution is recognised by Gujarat Nursing Council
and was admitting students for imparting education. Gujarat Nursing
Council, while giving reference letter dated 24th November, 2009
issued by Indian Nursing Council, New Delhi informed the petitioner
Trust that students should not be admitted without approval of the
Indian Nursing Council.
2. The
petition was preferred on the ground that when there is approval from
Gujarat Nursing Council, further approval of Indian Nursing Council
is not required.
3. The
respondents, on appearance, while they referred to The Indian Nursing
Council Act, 1947 submitted that approval of Indian Nursing Council
is not required if the Institution is approved by the State Nursing
Council. Learned counsel for the State and Indian Nursing Council
both referred to Sections 13 and 14 of the Indian Nursing Council
Act, 1947. Under Section 13 of the Act, the Executive Committee of
the Indian Nursing Council may appoint Inspectors from amongst
members of the Council 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. Said Inspector is supposed to report to the Executive
Committee of the Indian National Council. Upon such report, if Indian
Nursing Council finds that the 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 or the State
in which the authority or institution is situated, a statement to
such effect and the State Government shall forward it, alongwith
such remarks to the State Council with an intimation of the period
within which the authority or institution may submit its reply and
after such procedure, recognition of the Institution can be withdrawn
under Section 14 of the Act.
4. Learned
counsel for the Gujarat Nursing Council produced a copy of the letter
dated 24.11.2008 issued by Indian Nursing Council, New Delhi. From
the said letter, it appears that the Inspectors Mrs. Chaya P Lad and
Mr. J Amirson Jacob were appointed by Indian Nursing Council for
inspection of the petitioner school. When they arrived at the
petitioner’s school, on the date after intimation, they were refused
by the Management to inspect the school and thus leading to a
situation where no inspection as planned could be conducted. For the
said reason, the matter was referred to the State and the impugned
order dated 8.3.2010 was issued by Gujarat Nursing Council.
5. From
the aforesaid facts, it will be evident that the Institution
practically attracted the provisions of Section 14 of the Act for the
purpose of its de-recognition. However, as no final action has been
taken to de-recognise the petitioner’s Institution under Section 14
of the Act after notice to the petitioner. We are not deliberating
such issue whether it should be de-recognised or not. The
petitioner’s Institution is given liberty to approach the Indian
Nursing Council for inspection. If such representation is filed, the
Indian Nursing Council, New Delhi will send its Inspectors as may be
appointed under the Act, who, after intimation to the petitioner’s
Institution, will send its inspection team within a month from the
date of such request, inspect the school and report the matter to
the Indian Nursing Council. On such report, it will be open to the
Indian National Council, New Delhi to pass appropriate order. On
completion of such inspection and final decision that may be taken by
the Indian Nursing Council and finally by the Gujarat Nursing
Council, the Institution will act accordingly. No admission be taken
in the meantime. The petition stands disposed of with aforesaid
observations and directions.
(S.J.Mukhopadhaya,C.J.)
(Akil
Kureshi,J)
***vcdarji
Top