Champa Mehra Rawat v. Indira Gandhi National Open University And ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11544/2015, CM No. 30550/2015 CHAMPA MEHRA RAWAT ..... Petitioner Through:

Mr. N.S. Negi and Mr. A.S. Rawat, Advs.

versus INDIRA GANDHI NATIONAL OPEN UNIVERSITY AND ANR ..... Respondents Through:

Mr. G. Kabir, Proxy Counsel for R1.

Mr. V.S.R. Krishna, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 07.02.2017 The present petition has been filed by the petitioner with the following prayers:

"In the aforesaid premises it is most respectfully prayed that this Hon'ble Court may graciously be pleased to - Issue a writ of mandamus, certiorari or any other writ, order, direction directing respondent No.2 to :- (A) Issue no objection certificate for higher studies M.Sc. Nursing course or any other higher educational course in the field.

(B) This Hon'ble court may also be pleased to pass an order that the degree of B.Sc.(Nursing) granted by respondent No.1 is valid and recognized as respondent No.2 itself has granted recognition to Safdarjung Hospital study centre vide recognition certificate dated 2.6.2000, as held by this Hon'ble Court in W.P.(C) No. 1644/2011.

(C) Any other or further order relief or direction which this Hon'ble Court may deems just fit and proper may also be passed in favour of the petitioner and against the respondent."

Mr. V.S.R. Krishna, learned counsel appearing for the respondent no.2 fairly concedes that in view of the dismissal of the SLP of the Supreme Court in the case of Indian Nursing Council through its Secretary v. Arunima Patra and Ors. in SLP NO. 10204-10207/2016 on 20th September, 2016 and also keeping in view of the statement made by the respondent no.2 in W.P.(C) 8129/2014, Promod Kumar & Ors. v. Indian Nursing Council and Ors. before this Court on September 29, 2016, the Degree of Post Basic B.Sc Nursing Course obtained by the petitioner from the Safdarjung Hospital Study Centre through Distant Learning from IGNOU shall be recognized for all purposes. The said statement is taken on record. In view of the statement made by Mr. V.S.R.

Krishna, the learned counsel for the petitioner states, the petitioner shall again approach the respondent no.2 within four weeks from today for grant of "No Objection Certificate", so as to enable the petitioner apply for higher Studies in M.Sc Nursing Course or any other higher course. Mr. Krishna states that on the petitioner submitting such representation, NOC shall be granted. Ordered accordingly. Learned counsel for the petitioner states that the aforesaid shall satisfy the grievance of the petitioner in the present petition and nothing further survives for consideration by this Court. The petition is disposed of on the aforesaid terms. CM. No. 30550/2016 In view of aforesaid order, present application has become infructuos. The application is dismissed as infructuous.

V. KAMESWAR RAO, J FEBRUARY 07, 2017/jg