Atmaram Maharaj Sevabhavi Sanstha Through Its President Bhalchandra P Walkikar v. The Union Of India And Others

(Order) (1) W.P. No. 07808 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 07808 of 2014 District : Osmanabad Aamena Nursing College of Nursing RGNM Kalamb, Taluka Kalamb, District Osmanabad, Kazi Tareq s/o. Gulam Dastagir, Age : 52 years, Occupation : Secretary of Priyadarshani Vikas Mandal, Kalamb, Taluka Kalamb, District Osmanabad.

1. The State of Maharashtra, Medical Education and Drugs Department, Mantralaya, Mumbai - 32.

2. The Maharashtra Nursing Mulund (W), Mumbai - 80.

3. Indian Nursing Council, Kotla Marg, Temple Lane, Mr. Aashish T. Jadhavar, Advocate, for the respondent no.01.

Mr. C.A. Jadhav, Advocate, for respondent no.02.

(Order) (2) W.P. No. 07808 of 2014 Mr. Alok Sharma, Advocate, for respondent no.03. Writ Petition No. 08140 of 2014 District : Aurangabad Dwarka Bahu Uddeshiya Sevabhavi Sanstha, Aurangabad, Through its President - Kodiganti Vijaya Bhaskarrao, Age : 33 years, Occupation : Business, R/o. Sillod, Taluka Sillod, District Aurangabad.

1. The State of Maharashtra, Medical Education and Drugs Department, Mantralaya, Mumbai - 32.

2. The Maharashtra Nursing Mulund (W), Mumbai - 400 080.

3. Indian Nursing Council, Kotla Marg, Temple Lane, respondent no.01.

Mr. C.A. Jadhav, Advocate, for respondent no.02.

(Order) (3) W.P. No. 07808 of 2014 Mr. Alok Sharma, Advocate, for respondent no.03. Writ Petition No. 08619 of 2014 District : Aurangabad Akhil Maharashtra Gramin Shikshan Vikas Mandal, Aurangabad, Run by Ideal Nursing School at Jatwada, Taluka & District Aurangabad, Through its President - Badshah Fatru Patel, Age : 47 years, Occupation : Social Work, R/o. Aurangabad.

1. The State of Maharashtra, Medical Education and Drugs Department, Mantralaya, Mumbai - 32.

2. The Maharashtra Nursing Mulund (W), Mumbai, Through its Registrar.

3. Indian Nursing Council, Kotla Marg, Temple Lane, respondent no.01.

Mr. C.A. Jadhav, Advocate, for respondent no.02.

(Order) (4) W.P. No. 07808 of 2014 Mr. Alok Sharma, Advocate, for respondent no.03. Writ Petition No. 08625 of 2014 District : Aurangabad Akhil Maharashtra Gramin Shikshan Vikas Mandal, Aurangabad, Run by Ideal Nursing School at Jatwada, Taluka & District Aurangabad, Through its President - Badshah Fatru Patel, Age : 47 years, Occupation : Social Work, R/o. Aurangabad.

1. The State of Maharashtra, Medical Education and Drugs Department, Mantralaya, Mumbai - 32.

2. The Maharashtra Nursing Mulund (W), Mumbai, Through its Registrar.

3. Indian Nursing Council, Kotla Marg, Temple Lane, respondent no.01.

(Order) (5) W.P. No. 07808 of 2014 Mr. C.A. Jadhav, Advocate, for respondent no.02. Mr. Alok Sharma, Advocate, for respondent no.03. Writ Petition No. 11269 of 2016 District : Nanded Gitai Sevabhavi Shikshan Sanstha, Pimpalkautha (Magare), Taluka Mudkhed, Dist. Nanded, Sachin s/o. Shankarrao Magare, Aged : 35 years, Occupation : Agriculture, R/o. Pimpalkautha (Magare), Taluka Mudkhed, District Nanded.

1. The Union of India, Through the Ministry of Health & Family Welfare, Department of Health,

2. The Indian Nursing Council, Kotla Road, Temple Lane, New Delhi - 110 002.

3. The Maharashtra Nursing Mulund (West), Mumbai - 400 080, Through its Registrar.

(Order) (6) W.P. No. 07808 of 2014 Mr. S.B. Deshpande, Asst. Solicitor General of India, for respondent no.01.

Mr. Alok Sharma, Advocate, for respondent no.02. Mr. C.A. Jadhav, Advocate, for respondent no.03. Writ Petition No. 12333 of 2016 District : Nanded Atmaram Maharaj Sevabhavi Sanstha, Selgaon (Bk.), Taluka Ardhapur, District Nanded, Through its President, Dr. Bhalchandra P. Walkikar, Aged : 50 years, Occupation : Doctor, R/o. Nanded, Taluka & Dist. Nanded.

1. The Union of India, Through the Ministry of Health & Family Welfare, Department of Health,

2. The Indian Nursing Council, Kotla Road, Temple Lane, New Delhi - 110 002.

3. The Maharashtra Nursing Mulund (West), Mumbai - 400 080, Through its Registrar.

(Order) (7) W.P. No. 07808 of 2014

4. The State of Maharashtra, Through the Secretary to the Government of Maharashtra in Food & Drugs Department, Mantralaya, Fort, Mumbai - 32.

Mr. S.B. Deshpande, Asst. Solicitor General of India, for respondent no.01.

Mr. Alok Sharma, Advocate, for respondent no.02. Mr. C.A. Jadhav, Advocate, for respondent no.03. respondent no.04.

CORAM : S.V. GANGAPURWALA & SMT. VIBHA KANKANWADI, JJ.

DATE : 01ST NOVEMBER 2017 ORAL ORDER :

01.

Heard.

Rule.

Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

02.

The learned Counsel for petitioners submit that the present petitions be disposed of in terms of the judgment and order dated 09th October 2017, delivered in Writ Petition No. 11260 of 2017 (Private Nursing Schools and Colleges Management Association Vs. The Union of India & others) & Writ Petition No. 10639 of 2017 (Shiva Trust's Supriyadidi Sule College of Nursing at Wadala Mahadeo, Taluka

(Order) (8) W.P. No. 07808 of 2014 Shrirampur, Dist. Ahmednagar Vs. The Indian Nursing Council & others). 03.

Mr. Alok Sharma, learned Counsel appearing for the respondent - Indian Nursing Council, accedes that the petitions can be disposed of in terms of the aforesaid judgment.

04.

This Court in para 25 of the judgment delivered in the aforesaid writ petitions has observed thus :

"

For the reasons recorded above, writ petitions presented by petitioners deserve to be allowed. It is held and declared that the Indian Nursing Council - respondent no.5 herein has no authority to grant recognition to the institutions imparting nursing training such as Auxiliary Nurse and Midwife Course (ANM), General Nursing and Midwifery (GNM), Bachelor of Nursing (B.Sc.), Post Basic Bachelor of Nursing (P.B.B.Sc.) and Master of Nursing (M.Sc.).

Respondent no.5 - Indian Nursing Council is prohibited from publishing on its website material indicating that the institutions imparting nursing course in the Maharashtra State shall have to obtain recognition from it.

At the same time, it is imperative for such institutions, imparting training in nursing in Maharashtra State (which have not been approved by the Indian Nursing Council), the State Council and Health University to publish on its website that the degrees and diploma awarded by such institutions shall have applicability only in the State and the candidates receiving such degree or diploma would be entitled to practice within the State only. The same shall also be mentioned in the diploma and degree certificates awarded by the institutions and the Universities in this regard and, the

(Order) (9) W.P. No. 07808 of 2014 students shall be made known regarding this restriction by giving due publicity on the website while processing admissions to such institutions.

Rule is accordingly made absolute. No costs." 05.

In the light of that, present Writ Petitions stand disposed of in terms of the judgment and order dated 09th October 2017, in Writ Petition No. 11260 of 2017 with connected Writ Petition. Rule made absolute accordingly. There shall be no order as to costs.

( Smt. Vibha Kankanwadi ) ( S.V. Gangapurwala ) JUDGE JUDGE puranik / WP7808.14etc