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| High Court directs Nursing Council to regularize admissions of students | | | EARLY TIMES REPORT
JAMMU, Feb 28: High Court while allowing petitions filed by bunch of colleges, directed respondents to regularize the admissions of the students possessing the requisite qualification as prescribed by the Indian Nursing Council.
This signficiant order has been passed in bunch of petitions filed by Nursing and Paramedical Sciences, Institutes Notification of Jammu and Kashmir State Paramedical/Nursing Council issued vide its No.JSNC-18/106/662-673 dated 17.10.2018 whereby the State Nursing Council has prescribed the required qualification for admission to ANM and GNM Courses as “10+2 with Science”. The short grievance projected by the petitioner in this petition is that the petitioner institutes have the requisite recognition from the Indian Nursing Council in terms of the provisions of Indian Nursing Council Act, 1947 (hereinafter referred to as ‘the Central Act’) and the Regulation framed thereunder. These institutions have further been affiliated to the State Nursing Council constituted under the Jammu and Kashmir Nursing Council Act, 2012 (hereinafter referred to as ‘the Act of 2012’). They claim that the qualification for the courses of ANM and GNM, which are being conducted by them, as prescribed under the Central Act is 10+2 in Arts (Mathematics, Physics, Chemistry, Biology, Biotechnology etc.).
Justice Sanjeev Kumar after hearing Sr. Adv MK Bhardwaj with Adv Nitin Bhasin appearing for petitioners observed that From the perusal of various documents on record and the averments made by the petitioner institutes in their writ petition, which have gone un-rebutted by the respondents, it can clearly be seen that the respondent-Council had all along followed prescriptions of Indian Nursing Council be it pertaining to syllabi or duration of the course, and therefore, it was expected to fall a line with the Central Council in the matter of providing minimum qualification for admission to these Nursing Courses as well.
Court is aware that the petitioner institutes despite being aware that their affiliating body, i.e. State Nursing Council had prescribed 10+2 with Science as the required qualification for admission to ANM/GNM courses on 17.08.2018, but, remained quiet till April, 2019 when perhaps their negotiations with the State Nursing Council for registering the students with the qualification 10+2 with Arts failed. The conduct of the petitioner institutes is unacceptable and cannot be countenanced in law. This Court would have thrown this petition on this sole ground, had the interest of the students admitted in these institutions was not in mind of this Court.
Justice Sanjeev Kumar further observed that taking note of the fact that coming into force of the Jammu and Kashmir Reorganization Act, 2019 and application of the Indian Nursing Council, Act 1947 to the UT of J&K and UT of Ladakh, future admission to these courses would be as per the norms and the guidelines laid down in the Regulations framed by the Indian Nursing Council. This Court in the given facts and circumstances narrated above, is inclined to accept this petition to safeguard the interest of the students, who have been admitted by the petitioner institutes. But for the illegalities and deviations itself committed by the State Nursing Council, this Court would have imposed the exemplary costs on the petitioner institutes for taking the innocent students for a ride and playing with their career.
With these observations High Court allowed the petition and directed the respondent Nursing Council to regularize the admissions of the students possessing the requisite qualification as prescribed by the Indian Nursing Council as one time exception and permit them to sit in the examination for the course/courses provided they are otherwise eligible and meet the requirements prescribed by the respondent-Council. JNF
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