1) Leave granted.
2) The appellants before us has raised a limited grievance
against the judgment dated 09.10.2017 passed by the Aurangabad
Bench of the High Court of Bombay. According to them, once they
have secured recognition/permission for their Diploma or Degree
courses from the State Authorities, as outlined in the impugned
judgment, the candidates securing such Diplomas or Degrees shall be
entitled to practice only within the aforesaid State and not
3) We have heard learned counsel for the parties.
4) Learned counsel appearing for Respondent No. 1 as well as Ms.
Vibha Datta Makhija, learned senior counsel for the added
respondent, have pointed out Section 10 of the Indian Nursing
Council Act, 1947 and, in particular, sub-Section 4 thereof, which
reads as follows:
“10. Recognition of qualifications.
(1) x x x
(2) x x x
(3) x x x
(4) The provisions of sub-sections (2) and (3) and of Sections 14 and 15 shall apply mutatis mutandis to the declaration by the Council of a qualification granted in respect of postcertificate nursing training as a recognised higher qualification.”
5) After referring to Sections 11, 12 and 13, they then referred
to Section 14 which deals with withdrawal of recognition and, in
particular, sub-Sections 1 and 4 which reads as follows:
“14. Withdrawal of recognition.
(1) When upon report by the Executive Committee, it appears to the Council –
(a) that the courses of study and training and the examinations to be gone through in order to obtain a recognized qualification from any authority in any State, or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
(b) that an institution recognized by a State Council for the training of nurses, midwives, auxiliary nurse-midwives or health visitors does not satisfy the requirements of the Council, the Council may send to the Government of the State in which the authority or institution, as the case may be, is situated a statement to such effect, and the State Government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in case referred to in clause (b) to the State Council also, with an intimation of the period within which the authority or institution may submit its explanation to the State Government.
(2) x x x
(3) x x x
(4) The Council may declare that any recognized qualification granted outside the States shall be a recognised qualification only if granted before a specified date.”
6) We may indicate that Section 14 deals with withdrawal of
recognition which is a stage which has not yet been reached on the
facts of this case. We, therefore, declare that consistent with
their fundamental right under Article 19(1)(g) of the Constitution
of India, to practice their occupation throughout the territory of
India, legislation in the form of the Nursing Council Act of 1947
has not restricted nor does it purport to restrict their practice
of nursing once a Degree or Diploma is granted by the State
Authority to that State only.
7) We are, therefore, of the view that this portion of the
impugned judgment cannot stand and is accordingly set aside.
8) The appeal is allowed to the aforesaid extent only.
9) Pending applications, if any, stand disposed of accordingly.
(ROHINTON F. NARIMAN)
New Delhi, Dated: January 22, 2019.
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