LPA No.1905 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1905 of 2011 (O&M) and connected appeal Date of Decision: 08.11.2011 The President, Haryana Nurses Registration Council-cum-Director General Health Services, Haryana and another ..... Appellants Versus Jyoti Rani and others ..... Respondents CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Amrit Paul, Advocate, for the appellants. Mr. J.S. Dhaiya, Advocate, for respondent No.1. Mr. Aman Arora, Advocate, for the Registrar. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? RAJIV NARAIN RAINA, J. CM No.5412-13-LPA of 2011 We have heard Mr. Amrit Paul, Advocate in response to the CM Nos.5412-13 of 2011 filed by Mr. Jagjit Singh Dahiya, Advocate for respondent No.1 on the prayer that these appeals ought to be dismissed as they have been disowned by the appellant. Mr. Amrit Paul, Advocate has satisfied us that he was duly instructed to file the present appeals on behalf of the Haryana Nurses Registration Council on the strength of record shown to us. The applications are dismissed as misconceived. LPA No.1905 of 2011 (O&M) -2- LPA Nos.1905 & 1906 of 2011 1. This order shall dispose of two LPA Nos.1905 & 1906 of 2011. 2. This Letters Patent Appeal under Clause X of the Letters Patent arises out of the judgment and order of the learned Single Judge dated 19.02.2010 allowing the writ petitions with a direction that degree of General Nursing and Midwifery (GNM) awarded by the Doon International University, Raipur, Chhattisgarh would be recognized degree for registration of the petitioners by the Haryana Nurses Registration Council the appellant before us. The University from where the degrees have been obtained was established by a notification in the Gazettee dated 07.11.2003 issued under the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana aur Viniyaman) Adhiniyam Act, 2002 (called the Chattisgarh Act). This University had established a study centre at Rohtak to which the respondents were admitted, pursued study and obtained degrees awarded by the University. The HRD Ministry Government of India in the Secondary and Higher Education Department has certified that the degree awarded by the University stands automatically recognized. The writ petition was brought before this Court against the refusal of the appellant to register the names of 34 petitioners with the Council. Registration with the Council would have meant eligibility in the job market which is a precious right. The grounds for refusal were firstly, that Hon’ble the Supreme Court had struck down the Chhattisgarh Act in its judgment dated 11.02.2005 in the case of Professor Yashpal and another v. State of Chhattisgarh and others reported in (2005) 5 SCC 420 and since the degrees obtained by the respondents were from that University therefore their degrees could not be LPA No.1905 of 2011 (O&M) -3- registered. The second contention was that the appellant had not recognized the degree and therefore the registration should not be made on this ground as well. 3. The learned Single Judge had gone into both these issues in detail and on examination of relevant material has held that Hon’ble the Supreme Court in Professor Yashpal’s case protected persons who were still pursuing their studies by directing the State Government to take appropriate measures to have students of the disqualified institution affiliated to any already existing State University in Chhattisgarh. The judgment of Hon’ble the Supreme Court striking down the Chhattisgarh Act itself protected both students who had completed their courses as well as students who were studying in the institute and who had not completed their courses on the date of the decision. We agree with the findings of the learned Single Judge on this point that the petitioners cannot be discarded and left to fend for themselves in the job market without a degree. 4. We have heard learned counsel for the parties at length. Mr. Amrit Paul, Advocate for the appellants has centered his argument on Section 14 of the Punjab Nurses Registration Act, 1932. Section 14 is reproduced below for facility of reference:- “14. Registration of nurses…… dais. (1) Every person who complies with such conditions and restrictions as may be prescribed by the Council and - (a) has undergone the necessary course of training or passed the examination, if any, prescribed for nurses, health visitors, mid- wives, nurse-dais, auxiliary nurses and LPA No.1905 of 2011 (O&M) -4- midwives, or trained dais, or (b) xxxxx (c) is able to satisfy the Council that he has anywhere in India undergone a course of training or passed an examination, similar to the course of training and examination referred to in clause (a) and recognized by the Council.” It is submitted by learned counsel that the ANM course undergone by the 34 respondents, who were petitioners before the Writ Court, was from a Prerna Senior Secondary School near Railway crossing, Old Court Road, Sirsa, Haryana, though affiliated to the CBSE, is not recognized by the appellant in the sense that the examination for the said ANM course was not conducted by the appellant Council. A reading of Section 14 does not lead us to the conclusion that for a degree to be recognized and registerable with the Council examination for gaining such degree can only be conducted by the appellant. Section 14(c) leaves it to a person to satisfy the Council that he/she has anywhere in India undergone training or passed an examination, similar to the course of training and examination referred to in clause (a) and recognized by the Council. 5. Our attention has been drawn to the letter dated 28.08.2009 from the Registrar of the appellant to the Secretary, Indian Nursing Council, New Delhi regarding registration of ANM students of Prerna Sr. Sec. School Sirsa Haryana recognized by CBSE, New Delhi. The letter is reproduced as under:- LPA No.1905 of 2011 (O&M) -5- "No. HNC/1-2009/2013 Dated 28.8.2009 To The Secretary Indian Nursing Council Kotla Road Temple lane New Delhi Sub: Regarding registration of ANM students of Prerna Sr. Sec. School Sirsa Haryana recognized by C.B.S.E. New Delhi. Respected Sir, With reference to the subject cited above it is hereby intimated that Prerna Sr. Sec. School Sirsa Haryana is recognized CBSE Board vide order no. CBSE/AFF/5481/2001/28487 dated 09.10.2002 and CBSE has been authorized by INC under head ANM at Sr. No. 18 since 01.04.1990. (Attached Annexure 1-5) The ANM students of Prerna Sr. Sec. School Sirsa Haryana are being imparting their practical training from Govt. Hospital Sirsa, Haryana after due permission of DGHS Haryana vide order no.21/55-4 Nursing 03 5205 Dated 04-09-03 by depositing one lakh rupees as security and four thousand rupees per students. (Attached Annexure 6-7). The 100 ANM students of Prerna Sr. Sec. School Sirsa Haryana have been registered by HNRC already vide order of DGHS 21/55-4 Nursing 2006 dated 27-05-2006 (Attached Annexure 8). The Prerna Sr. Sec. School Sirsa Haryana is recognized by CBSE and CBSE is authorized by INC and so Prerna Sr. Sec. School Sirsa Haryana is not in INC list. The other school Govt. Model Sr. Sec. School Sector-15, Chandigarh and ANM School RHTC Najafgarh New Delhi are also recognized by CBSE New Delhi and not in INC list but their students are being registered by their respective council PNRC and DNC. (Attached Annexure 9- 13). So you are requested to direct us for further registration LPA No.1905 of 2011 (O&M) -6- of ANM students of Prerna Sr. Sec. School Sirsa Haryana. With Thanks Sincerely Yours Registrar HNRC, Chandigarh" If that be the situation, we do not see any merit in the contention raised in the appeal. There also does not seem to be any legal necessity for a degree to be operated and earned within the State of Haryana would require approval from any other body such as All India Council for Technical Education so long as the degrees obtained from an institute affiliated to a University would operate without obtaining approval from any other body. The learned Single Judge has relied upon the decision of the Hon'ble Supreme Court in Bharathidasan University and another v. All India Council for Technical Education and others-AIR 2001 Supreme Court 2861 and has concluded appositely that there appears to be no legal provision, nor was any shown to the learned Single Judge that any institute which offers the course within the State of Haryana would require to be registered with the Haryana Nursing Council (appellants) or recognized by the Haryana Government. The learned Single Judge has also examined the issue from the point of view of no fault theory and has relied upon the decisions in Suresh Pal v. State of Haryana (1987) 2 SCC 445, Sanatan Gauda v. Berhampur University (1990) 3 SCC 23, Ashok Chand Singhvi v. University of Jodhpur (1989) 1 SCC 399 and Shri Krishnan v. Kurukshetra University (1976) 1 SCC 311. These cases present several facets of the no fault theory that students cannot be penalized/punished or LPA No.1905 of 2011 (O&M) -7- put to determent adverse to their interest and career when they are not to be blamed. In our considered opinion, no fault can be found with the judgment of the learned Single Judge which is based on logic and reasoning. Mr. Amrit Paul, Advocate for the appellants has not been able to persuade us to the contrary. The appeals are accordingly dismissed. (M.M. KUMAR) (RAJIV NARAIN RAINA) ACTING CHIEF JUSTICE JUDGE 08.11.2011 manju * Sr. No. LPA No. Title 1 1905 of 2011 (O&M) The President, Haryana Nurses Registration Council-cum-Director General Health Services, Haryana and another v. Jyoti Rani and others 2 1906 of 2011 (O&M) The Registrar, Haryana Nurses Registration Council and another v. Saraswati and others (M.M. KUMAR) (RAJIV NARAIN RAINA) ACTING CHIEF JUSTICE JUDGE 08.11.2011 manju