# Yashraj Inst. Of Prof. Studies & Ors v. Indian Nursing Council New Delhi & Ors

- **Citation:** (2022) 1 ILRA 645
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-12-16
- **Case number:** Misc. Single No.810 of 1991
- **Bench:** Manish Mathur
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/yashraj-inst-of-prof-studies-ors-v-indian-nursing-council-new-delhi-ors-47487
- **Pages:** 7

## Headnote

C.S.C.,
Gyanendra
Kumar
Srivastava,
Samidha

A. Civil Law - Indian Nursing Council
(Minimum
Prerequisites
for
granting
suitability
to
Nursing
Programs),
Regulations, 2020: Regulation 22 - The
petitioner's application for grant of No
Objection certificate for conducting the M.Sc.
(Nursing) courses is required to be issued only
by the State Government strictly in accordance
with the provisions of Regulation 22 of
Regulation of 2020. (Para 22)
Writ Petition Allowed. (E-10)

List of Cases cited:

## Text

1 All. Yashraj Inst. Of Prof. Studies & Ors. Vs. Indian Nursing Council New Delhi & Ors.
645
valid and acceptable in the facts and
circumstances of case. Therefore it has
rightly not been accepted.

24. Thus the impugned orders have
rightly been passed in accordance with law
by reasoned and speaking orders. this court
does not find any illegality or error in the
impugned orders, which may call for any
interference by this court. The writ
petitions are misconceived and lacks merit.

25. The writ petitions Misc. Single
No.808 of 1991, Misc. Single No.807 of
1991, Misc. Single No.809 of 1991 and
Misc.
Single
No.810
of
1991
are,
accordingly, dismissed. No order as to
costs.
----------
(2022)01ILR A645
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 16.12.2021

BEFORE

THE HON'BLE MANISH MATHUR, J.

Misc. Single No. 11790 of 2021

Yashraj Inst. Of Prof. Studies & Ors.
 ...Petitioners
Versus
Indian Nursing Council New Delhi & Ors.
 ...Respondents

Counsel for the Petitioners:
Ashok Kumar Singh, Anshuman Singh

Counsel for the Respondents:
C.S.C.,
Gyanendra
Kumar
Srivastava,
Samidha

A. Civil Law - Indian Nursing Council
(Minimum
Prerequisites
for
granting
suitability
to
Nursing
Programs),
Regulations, 2020: Regulation 22 - The
petitioner's application for grant of No
Objection certificate for conducting the M.Sc.
(Nursing) courses is required to be issued only
by the State Government strictly in accordance
with the provisions of Regulation 22 of
Regulation of 2020. (Para 22)
Writ Petition Allowed. (E-10)

List of Cases cited:

1. Karnataka State Assc. of the Management of
Nursing & Allied Health Science Institutions &
ors.
Vs
Indian
Nursing
Council
&
ors.
(distinguished)
(Delivered by Hon'ble Manish Mathur, J.)

1. Heard Mr. Prashant Chandra, learned
Senior Advocate assisted by Mr. Anshuman
Singh, learned counsel for petitioner, Ms.
Samidha, learned counsel for opposite
party no.1, learned State Counsel for
opposite party no.2 and Mr. Gyanendra
Kumar Srivastava, learned counsel for
opposite party no.3. Opposite party no.4
being merely proforma in nature, notices
to it stand dispensed with.

2. Petition has been filed seeking the
following main relief:-

i) issue a writ, order or direction
in the nature of Mandamus commanding
opposite parties 2 and 3 to forthwith issue
a No Objection Certificate/Essentiality
Certificate and recognition for running the
M.Sc. (Nursing Programme) as mandated
under Regulation 22 of the Indian Nursing
Council Regulations.

ii) issue a writ, order or direction
in the nature of Mandamus commanding
opposite parties not to create any obstacle
or hindrance in the imparting of training in
the M.Sc. (Nursing Programme) and in
646 INDIAN LAW REPORTS ALLAHABAD SERIES
taking admissions for the academic year
2020-21 and for starting the same.

iii) issue a writ, order or
direction in the nature of Mandamus
commanding
opposite
party
no.3
to
forthwith refund the amount of Rs.5 lacs
collected as inspection fee together with
such interest as may have accrued thereon
and as may be ordered by this Hon'ble
Court to be paid to petitioner within such
time as may kindly be stipulated;

3. Learned counsel for petitioner
submits that paragraph 4 of Circular dated
19.02.2009 issued by Indian Nursing
Council stipulates that institutions could
start nursing programme [GNM/B.Sc.(N)]
with affiliation or parent Hospital with
minimum of 120/150 beds. It is submitted
that
since
petitioner-institution
had
affiliation
with
various
Hospitals,
petitioner-institution
was
granted
recognition for conducting B.Sc. (Nursing)
Program
on
31.01.2011
which
was
renewable every year and in pursuance
thereof, recently opposite party no.3 i.e.
U.P. State Medical Faculty on its website
indicated petitioner's continued recognition
for the said course for the academic session
2020-21. It is submitted that as such,
petitioner-institution has conducted the
aforesaid programme for the past ten years
continuously and the course pertaining to
first batch of students was also completed
in the year 2016.

4. It is submitted that subsequently
with regard to conduct of the courses, the
Indian Medical Council issued notification
known as the Indian Nursing Council
(Minimum
Prerequisites
for
granting
suitability
to
Nursing
Programs)
Regulations, 2020 (hereinafter referred to
as Regulations of 2020). The regulations
have been framed in accordance with
Indian
Nursing
Council
Act,
1947
(hereinafter referred to as Act of 1947) and,
therefore have statutory force. It is
submitted
that
Regulation
22
of
Regulations of 2020 prescribes minimum
pre-requisites for starting M.Sc. (Nursing)
course with Regulation 22(ii) indicating
that an institution offering B.Sc. (Nursing)
program wherein one batch has passed out
is eligible to start M.Sc. (Nursing) program.

5. As such, it is submitted that the
only condition required for an institution to
be eligible to start M.Sc. (Nursing)
program was conduct of B.Sc. (Nursing)
program where one batch had passed out.
It is submitted that the procedure for
obtaining
Essentiality
Certificate/No
Objection
Certificate
were
thereafter
indicated in Regulation 22 (iii), (iv) and
(v).
Learned
counsel
submits
that
petitioner-institution being fully eligible to
conduct M.Sc. (Nursing) program applied
on 17.01.2020 but result thereupon has not
seen light of the day leading to filing of
present writ petition.

6. It has further been submitted that in
terms of the procedure indicated under
Regulation
22(iii),
the
eligible
Establishments/Organizations are required
to
obtain
Essentiality
Certificate/No
Objection Certificate firstly from the
concerned State Government where the
program is sought to be established. It is
further submitted that a reading of
aforesaid provision will indicate that No
Objection is required to be issued by the
State Government pertaining only to
verification of bona fides of the institution
requiring
to
conduct
aforesaid
programmes. It is submitted that it is only
once the State Government concerned
issues No Objection Certificate that the
1 All. Yashraj Inst. Of Prof. Studies & Ors. Vs. Indian Nursing Council New Delhi & Ors.
647
institution is required to obtain Essentiality
Certificate/No Objection Certificate from
the concerned State Nurses and Midwives
Registration Council (SNRC). It is
submitted that in the State of U.P., opposite
party no.3 is the concerned SNRC but its
role would commence only after the State
Government
provides
Essentiality
Certificate/No Objection Certificate.

7. As such, it has been submitted that
petitioner being fully eligible to conduct
M.Sc. (Nursing) program in terms of
Regulation 22, the State Government is
required to issue No Objection Certificate
so as to enable the petitioner-institution
conduct the aforesaid programmes.

8. Learned counsel appearing on
behalf of opposite party no.1 upon
instructions admitted that Indian Nursing
Council had granted petitioner-institution
recognition to conduct B.Sc. (Nursing)
program in 2011 and its suitability was
renewed thereafter every year. It is also
admitted that petitioner-institution has
already completed the first batch of the
course of B.Sc. (Nursing) program. It is
also admitted that the recognition granted
to petitioner-institution in 2011 has neither
been rescinded nor withdrawn.

9. Learned counsel appearing on
behalf of opposite party no.3, however, has
submitted that even for the purposes of
issuance of Essentiality Certificate/No
Objection Certificate from the concerned
State Government in terms of Regulation
22 (iii) of Regulations of 2020, it is the
SNRC concerned, i.e. opposite party no.3
which is required to conduct an inspection
and provide a report to State Government.
As such, it is denied that opposite party
no.3 does not have any role in the matter.
It has been further submitted that
Regulations
specifically
provide
for
inspection being conducted by opposite
party no.3, which is not merely an
administrative exercise and is required to
be done to its fullest to achieve the objects
of the Regulations and the Act and in order
to ascertain the bona fide of any institution
which applies for such a course. Learned
counsel has also relied upon a judgment
and order dated 24.07.2017 passed by High
Court of Karnataka at Bangaluru in W.P.
No.25355-25357/2017 (Karnataka State
Association of the Management of
Nursing and Allied Health Science
Institutions and others v. Indian Nursing
Council & others) with the submission
that after passing of the aforesaid judgment
and order, the Indian Nursing Council does
not have any authority or competence to
grant recognition to any institution for any
nursing courses and it is only the SNRCs
which have been authorized to do so. It is
submitted that as per his instructions
although appeal against the aforesaid
judgment was filed but the same was
withdrawn. As such, it is submitted that it
is only opposite party no.3 being SNRC
who is competent authority to grant
recognition to new Nursing course. It has
also been submitted that Regulation 4(ii) of
Regulations of 2020 clearly specifiy the
minimum
pre-requisites
for
starting
GNM/B.Sc.(Nursing) program that the
eligible
Establishments/Organizations
should have their own 100 bedded Parent
Hospital. Since petitioner-institution does
not have its own 100 bedded Parent
Hospital, it is ineligible to be considered
for starting an M.Sc. (Nursing) program in
accordance with Regulations of 2020.

10.

Considering
the
aforesaid
submissions advanced by learned counsel
648 INDIAN LAW REPORTS ALLAHABAD SERIES
for the parties and upon perusal of material
on record, it is an admitted fact that prior to
advent of Regulations of 2020, recognition
for conduct of B.Sc. (Nursing) program
was subject to eligibility and qualifications
prescribed under Circular dated 19.02.2009
by Indian Nursing Council. Paragraph 4 of
aforesaid Circular clearly indicates that
institutions can start nursing programme
[GNM/B.Sc.(N)] with affiliation or parent
Hospital with minimum of 120/150 beds.
It is in accordance with the Circular of
2009 that admittedly petitioner-institution
was granted recognition by Indian Nursing
Council in 2011 for conduct of B.Sc.
(Nursing) program. It is the specific case of
petitioner
institution
that
petitioner
although did not have its own parent
hospital but had affiliation with various
Government as well as private hospitals,
which was a fact recognised by Indian
Nursing Council while granting recognition
in year 2011. It is also a relevant fact as
admitted by opposite party no.1 upon
instructions that initial recognition granted
to petitioner-institution for conducting
B.Sc. (Nursing) program still holds good
and has neither been rescinded nor
withdrawn and in pursuance thereof, the
first batch of the course has also been
completed. It is also an admitted fact that
even as on date, petitioner-institution does
not have its own parent hospital.

11. So far as submission of opposite
party no.3 is concerned that the institution
is ineligible to conduct M.Sc. (Nursing)
program since it does not have its own
parent hospital, it is seen from the record
that such a stipulation is required only for
the purposes of starting B.Sc. (Nursing)
program. It is also on record that resolution
dated 29.10.2014 was issued by Indian
Nursing
Council
pertaining
to
implementation of Nursing Educational
Standards. Paragraph 17 is with regard to
starting of the Nursing Programme with
effect from 2013-14. The resolution
specifically indicates that an institution is
required to have 100 bedded parent hospital
for opening new B.Sc. (Nursing) program
but the same would not affect institutions
which have been established without parent
hospital. The resolution also indicates that
institutions under the State Government
and Central Government which wish to
start or open M.Sc. Nursing Department are
exempted from the twin criteria of having
parent hospital or one batch of B.Sc.
Nursing
students
having
passed
out
provided they are affiliated to State or
Central Government Hospitals.

12. It is the assertion of learned
counsel for opposite party no.3 that since
petitioner-institution is not an institution
under the State or Central Governments,
the exemptions would be inapplicable upon
them and they will therefore be required to
fulfil the mandatory condition of having
their own parent hospital.

13. From the facts narrated herein
above, it is evident that at the time of
recognition of petitioner-institution, the
only condition required was for the
petitioner-institution either to have a parent
hospital or to have an affiliation with
regard to same. The resolution of Indian
Council clearly exempts the condition of
having a 100-bedded parent hospital for
those institutions which have already been
established without parent hospital such as
petitioner-institution.

14. Clause 3 of paragraph 17 of the
Resolution is clearly applicable upon
institutions operated under the State
Government
and
Central
Government
wishing to start an M.Sc. (Nursing)
1 All. Yashraj Inst. Of Prof. Studies & Ors. Vs. Indian Nursing Council New Delhi & Ors.
649
Department. The exemption clause would
be referable to the Regulations framed
under the Act and do not operate in a
vacuum.

15. In the intervening period,
Regulations of 2020 have been issued on
12.03.2021 in terms of the Act of 1947. It
would supersede the resolutions of the
Indian Nursing Council particularly since
they have statutory force.

16. As per Regulation 22 of
Regulations of 2020, the only minimum
pre-requisite required for starting M.Sc.
(Nursing) program is for an institution
offering B.Sc. (Nursing) program where
one batch has passed out.

17. It is not the case of opposite
parties that the institution does not have a
currently
operating
B.Sc.
(Nursing)
program or that one batch of B.Sc.
(Nursing) program has not passed out.
There is no such condition indicated in
Regulation 22 that an institution desirous of
commencing M.Sc. (Nursing) program is
required to have a 100-bedded parent
hospital. It is not a case of casus omissus.
This Court cannot read a condition which
is not indicated in the statutory regulations.
Since there is no ambiguity in the condition
indicated in Regulation 22, there is no
requirement of having or taking any
external aid and the provision has to be
read as it is. Since it is the admitted case of
opposite parties that petitioner's recognition
is still operative right from 2011 and one
batch of B.Sc. (Nursing) program has
passed out in the year 2016, clearly
petitioner-institution fulfils the minimum
pre-requisites required for starting M.Sc.
(Nursing) program in terms of Regulation
22 of Regulations of 2020.

18. So far as role of opposite party
no.3 is concerned, Regulation 22(iii) clearly
indicates the first stage of grant of recognition
and
prescribes
that
the
eligible
establishments/organizations are required to
obtain Essentiality Certificate/No Objection
Certificate
from
the
concerned
State
Government. The provisions in regulation 22
of Regulations of 2020 are as follows:-

"22.
Minimum
pre-requisites
{for starting M.Sc. (Nursing)}

(i)
The
following
Establishments/Organizations are eligible
to start a M.Sc. (Nursing) program.

a)
Central
Government/State
Government/Local Body;

b) Registered Private or Public
Trust;

c) Organizations registered under
Societies
Registration
Act
including
Missionary Organizations;

d) Companies incorporated under
Section 8 of Company's Act.

(ii) An institution offering B.Sc.
(Nursing) program wherein one batch has
passed out is eligible to start a M.Sc.
(Nursing) program.

OR

Super specialty hospital having
the following requisite beds is eligible to
start a M.Sc. (Nursing) program.

.......................

......................
650 INDIAN LAW REPORTS ALLAHABAD SERIES

(iii)
The
eligible
Establishments/Organizations
should
obtain
Essentiality
Certificate/No
Objection Certificate from the concerned
State
Government
where
the
M.Sc.
(Nursing) program is sought to be
established. The particulars of the name of
the College/Nursing Institution along with
the
name
of
the
Trust/Society
[as
mentioned in Trust Deed or Memorandum
of Association] as also full address shall be
mentioned
in
No
Objection
Certificate/Essentiality Certificate.

(iv)
After
receipt
of
the
Essentiality
Certificate/No
Objection
Certificate, the eligible institution shall get
recognition from the concerned SNRC for
the M.Sc. (Nursing) program for the
particular Academic Year, which is a
mandatory requirement.

(v) The Council shall after receipt
of the above documents/proposal online
would then conduct Statutory Inspection of
the recognized training nursing institution
under Section 13 of the Act in order to
assess the suitability with regard to
availability of Teaching Faculty, Clinical
and Infrastructural Facilities in conformity
with Regulation framed under the provision
of the Act.

.......................

......................"

19. From a perusal of aforesaid
Regulation 22 (iii), it is apparent that the
initial No objection Certificate is required
to
be
obtained
by
Establishments/Organizations
from
the
State Government where the nursing
programme is sought to be established
along with particulars indicated therein.
The dichotomy between the provisions of
Regulation 22 (iii) and (iv) are selfevident. The role of SNRC is clearly
indicated as being operative after the No
Objection Certificate has been issued by
the State Government. The Regulation
does not prescribe any role to SNRC prior
to issuance of any No Objection Certificate
from the State Government. The purpose
of obtaining No objection Certificate from
the concerned State Government appears
only to test the bona fides of the
Organizations
seeking
recognition
to
conduct M.Sc. (Nursing) course. As such,
the initial burden of issuing No objection
Certificate
is
only
upon
the
State
Government and not upon the State Nurses
and Midwives Registration Council.

20. So far as the judgment relied upon
by learned counsel for opposite party no.3
is
concerned,
the
same
pertains
to
competence of the Indian Nursing Council
for grant of recognition to organizations
desirous of conducting nursing courses. It
has been held that the Indian Nursing
Council
has
no
authority
to
grant
recognition
to
institutions
imparting
nursing courses.

21. It is a relevant fact that the said
judgment has been rendered six years after
petitioner-institution
has
already
been
recognized by the Indian Nursing Council,
which still holds good. A reading of the
said judgment does not make it apparent
that it is retrospective in nature or that
recognition granted by Indian Nursing
Council prior to passing of the judgment
would render all such recognition de facto
withdrawn or rescinded. As such, it is the
considered opinion of this Court that the
aforesaid judgment rendered by High Court
of Karnataka would be inapplicable in the
present
facts
and
circumstances.
1 All. Ram Kali Vs. State of U.P. & Ors.
651

22. Considering the aforesaid facts
and circumstances and the observations
made, it is apparent that the petitioner's
application for grant of No objection
Certificate for conducting the M. Sc.
(Nursing) courses is required to be issued
only by the State Government strictly in
accordance
with
the
provisions
of
Regulation 22 of Regulations of 2020.

23. As such a writ in the nature of
Mandamus is issued commanding opposite
party no.2 to consider the application of
petitioner-institution for conduct of M.Sc.
(Nursing) course strictly in terms of
Regulation 22 of Regulations of 2020.
Relevant orders pertaining to same shall be
passed within a period of 15 days from the
date a copy of this order is produced before
the concerned authority.

24. So far as prayer no.3 to writ
petition is concerned, although learned
counsel for petitioner has submitted that
opposite party no.3 is incompetent to
have collected the amount as inspection
free but this Court at this stage is not
entering into the dispute granting liberty
to petitioner to approach appropriate
authority for redressal pertaining to said
grievance.
In
case
any
such
representation is filed, the same shall be
decided by a reasoned and speaking order
within a period of six weeks from the
date a copy of this order is produced
before the concerned authority.

25. With aforesaid observations and
directions, the petition is partly allowed.
----------
(2022)01ILR A651
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 08.11.2021
BEFORE

THE HON'BLE J.J. MUNIR, J.

Misc. Single No. 13533 of 2021

Ram Kali ...Petitioner
Versus
State Of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Smriti

Counsel for the Respondents:
C.S.C.

A. Civil Law - Fair Price Shop - In case any
charges are levelled against the holder of the
fair price shop, the standard of proof, in the
opinion
of
this
Court,
would
be
the
preponderance of probability of the civil
standard. However, nothing has been done by
the State to prove charges against the
petitioner. (Para 14)
Writ Petition Partly Allowed. (E-10)

(Delivered by Hon'ble J.J. Munir, J.)

This writ petition is directed against an
order dated 19.03.2018 passed by the SubDivisional Officer, Mitauli, District -
Lakhimpur
Kheri,
cancelling
the
petitioner's license and contract for the fair
price shop at Village - Ashiq Nagar, Block
and Tehsil - Mitauli, District - Lakhimpur
Kheri and also forfeiting security of Rs.
5,000/-. Also under challenge is the order
of the Additional Commissioner (Food),
Lucknow Division, Lucknow passed in
Appeal No. 3561 of 2018, affirming the
order last mentioned and dismissing the
petitioner's appeal.

2. A counter affidavit has been filed
on behalf of respondent nos.1 to 4.