THE KARNATAKA STATE ASSOCIATION v. THE UNION OF INDIA

The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions and four Nursing Colleges have filed this writ petition praying inter alia for a direction against Indian Nursing Council1 (respondent No.3) to remove from its website a list depicting as 'recognized Institutions by the Karnataka State Nursing Council' for the year 2019-20 and 2020-21 produced as Annexure-A.

1 'INC' for short W.P No.9541/2020

2. It is averred in the writ petition that first petitioner is an Association of Managements of Nursing and Allied Health Sciences Institutions2. Indian Nursing Council3 has published a list for the academic year 2019-

20 and 2020-21 purporting to be Nursing Institutions recognized by the State Government. The said list is with regard to Auxiliary Nurse and Mid-wife Course (ANM), General Nursing and Mid-wifery (GNM), Bachelor of Nursing (B.Sc.), Master of Nursing (M.Sc.), Post Basic Bachelor of Nursing (P.B.B.Sc.), IGNOU P.B. Diploma and Nurse Practitioner Critical Care Nursing Courses. It is not the list of Nursing Institutions recognized by the Karnataka State Nursing Council. Therefore, it is misleading and in gross disobedience of the order passed by this Court and the Hon'ble Supreme Court of India.

2 'AMNAHSI' for short

3 'INC' for short W.P No.9541/2020

3. Indian Nursing Council Act, 19474 does not stipulate that the Institutions imparting Nursing Courses should obtain recognition from INC. Section 10 of the INC Act deals with recognition of qualifications and not recognition of any Institution. A Nursing College requires permission from the State Government.

4. The Notifications published in the website of INC give an impression that the Institutions imparting Nursing Courses should obtain recognition from the INC.

5. INC has filed its counter Affidavit contending that the writ petition is mis-conceived. INC has never purported that the list published on its website is the list of Institutions recognized by the State Nursing Council. Hence, no attempt has been made by INC to purport in any manner, the list to be, a list of State Nursing Council recognized Institutions. On the other hand, it is a list of Institutions duly inspected by the INC through physical inspection or through Affidavits filed along with relevant

4 'INC Act' for short W.P No.9541/2020 documents in exercise of powers under Section 13 and

14 of the INC Act.

6. Thus, in substance, petitioners' case is, the list published by INC is in violation of the common order passed by this Court on 24.07.2017. Respondents' case is that the list consists of Institutions inspected by the INC.

7. I have carefully considered rival contentions and perused the records.

8. Admittedly, petitioners had filed writ petitions No.25355-57/2017 and connected petitions for a declaration that INC has no authority to grant recognition to Institutions imparting Nursing Courses. This Court has allowed the said writ petitions. The relevant paragraph reads as follows: "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 W.P No.9541/2020 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."

9. The Division Bench of this Court has passed an interim order and the same was challenged in Civil Appeals No.12759-12761/2017. The order passed by the Apex Court reads as follows: ORDER

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 W.P No.9541/2020 courses. The Respondent No.2 is further restrained form 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 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 appeal are allowed in the aforesaid terms."

10. The above judgment of the Hon'ble Supreme Court of India clearly shows that INC has no authority to W.P No.9541/2020 grant recognition and it has been restrained from publishing on its website the material indicated therein.

11. In Annexure-A, impugned in this writ petition, INC has web-hosted list of State Nursing Council recognized Institutions offering GNM program and other courses, inspected under Sections 13 and 14 of the Act.

12. Shri. Ponnanna, learned Senior Advocate for the petitioners contended that to a common man, it gives an impresson that INC has inspected the list of Institutions mentioned in Annexure-A and only those Institutions are recognized. Therefore, it is in violation of the order passed by the Apex Court.

13. Shri. D.L.N. Rao, learned Senior Advocate for the INC submitted that INC has power to inspect the Institutions under Sections 13 and 14 of the Act. INC has web-hosted the list of those Institutions, which have subjected themselves for Inspection. Students pursuing Nursing and other courses in respect of which Annexure- W.P No.9541/2020 A has been web-hosted, are para-medical staff. Therefore, they must undergo proper theory and practical courses. The Institutions must ensure that the students who pass the said courses are imparted with necessary knowledge to deal with the patients. Therefore, the Institutions must have proper infrastructure and well qualified teaching faculty.

14. Shri.Chandrashekar, learned Advocate for respondent No.6 and Shri. Adithya Sondhi, learned Senior Advocate for respondent No.7 argued opposing the writ petition and submitted that the list published by the INC gives a clear picture as to which Institutions have subjected themselves for inspection. Though State Government have power to recognize the Institutions, the power to inspect the Institutions with regard to facilities and teaching faculty is with the INC.

15. It cannot be gainsaid that the para-medical staff must have undergone proper theory and practical W.P No.9541/2020 classes, as they will be dealing with the patients in the Hospital.

16. It is also not in dispute that INC has the power to inspect the Institutions with regard to infrastructure and teaching faculty.

17. The Apex Court, in Civil Appeals No.12759- 12761/2017 has held that INC has no authority to grant recognition to the Institutions imparting Nursing Course and it has been restrained from publishing the material indicated therein on its website.

18. In view of the admitted position that inspection can be conducted by the INC, its right, to place in public domain, the Institutions inspected by it, cannot be curtailed. At the same time, in view of the order passed by the Apex Court, the argument advanced on behalf of Shri. Ponnanna also has some force. W.P No.9541/2020

19. In the facts and circumstances of this case, in the opinion of this Court, it would be appropriate for the INC to web-host the clear position emerging from the order passed by the Apex Court. This can be achieved by directing the INC to first show the entire list of Institutions recognized by the State Government in its website.

20. Hence, the following: ORDER This writ petition is disposed of with following directions.

(i) The third respondent - INC shall web host the full order of the Apex Court in Civil Appeals No.12759- 12761/2017 and the link, to the website hosted by the State Government, namely, www.ksnc.karnataka.gov.in., which contains the list of Institutions recognized by the State Government. W.P No.9541/2020

(ii) The INC shall be at liberty to web host the list of institutions inspected by it together with the list in Clause (i) and not as an independent list.

(iii) The third respondent shall make necessary changes in its web page forth with. No costs. Sd/- JUDGE