The Indian Nursing Council (INC) has again been restrained from publishing the list of nursing institutes recognised by it as the Supreme Court has set aside an interim order passed by the High Court of Karnataka’s Division Bench, which on August 21 permitted the INC to publish the list of recognised institutes on the council’s website.
A Bench of Justice Rohinton Fali Nariman and Justice Sanjay Kishan Kaul passed the order on September 11, while allowing an appeal filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institutions and others.
The HC Division Bench had passed the interim order by partly staying a portion of the July 24, 2017 verdict of a single judge, who declared that the Indian Nursing Council has no authority to grant recognition to institutions imparting nursing courses.
The single judgement had also restrained the INC from publishing on its website any material indicating that the institutions imparting nursing courses have to obtain recognition from the council, and had held all such materials from which it could infer recognition was to be obtained from the INC stand withdrawn from its website forthwith.
Some individual nursing institutes and the INC had filed an appeal before the Division Bench against the single judge order. The Division Bench, though permitted the INC to publish list of recognised institutes, had refused to stay the declaration made by the single judge that INC has no authority to grant recognition to institutions imparting nursing courses.
The Supreme Court has said that two parts of the single judge’s order — declaring INC has no authority to grant recognition, and restraining INC from publishing list of recognised institutes and claiming that recognition from it is compulsory — are inextricably inter-connected. Hence, the apex court set aside the August 22 interim order and restored the single judge’s order.
Now, the appeals filed by some nursing colleges and INC will have to be heard on merits before the High Court’s Division Bench.
As carried in TH on 21/9/2017