IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12430 of 2010. [O&M] Date of Decision: 28th February, 2011. Naveen Rani & Ors. Petitioners through Mr. J.S.Dahiya, Advocate Versus State of Punjab & Ors. Respondents through Ms. Monica Chhibbar, DAG, Punjab Mr. K.S.Dadwal, Advocate, for respondents No. 2 and 3. Mr. Manjeet Singh, Advocate, for respondent NO.4. Mr. Munish Jolly, Advocate, for respondent No. 5. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioners seek a direction to the Indian Nursing Council to register/enter their names in the Register maintained by the Punjab Nursing Registration Council on the basis of the qualification of Diploma Course in Axilary Nursing Course of Midwifery passed by them from the Central Board of Secondary Education. The petitioners are said to have completed the above- stated Diploma Course from respondent No. 4, namely, Mother Chankaur Convent School, Old Cinema Road, Sardulgarh, Mansa which is stated to be recognized by the CBSE. The petitioners' case is that under Section 10[1] of the Indian Nursing Council Act, 1947 read with its Schedule, Part I, Sr. No. C-18, the Central Board of Secondary Education, Delhi is one of the 'recognized Institute' to award the said Diploma Certificate and the petitioners have been admittedly awarded the Diploma certificate by the CBSE, therefore, they are entitled to seek their registration and entry in the Register maintained by the Punjab Nursing Registration Council. Learned counsel for respondents No. 2 to 5, on the other hand, rely upon a Division Bench decision of this Court in Shiv Shakti Educational Society [Regd.] v State of Punjab & Ors. 2008[1] SCT, 691 and urge that before seeking registration on the basis of the certificate awarded by the CBSE, it is imperative upon the petitioners to show that respondent No. 4 Institute is duly recognized and its infrastructure is approved by the Indian Nursing Council. Learned counsel for the petitioners on the other hand relies upon a decision dated 19.02.2010 rendered by a coordinate Bench of this Court in CWP NO. 4021 of 2009 [Ms. Neelam Devi & Anr. V Haryana Nurses Registration Council & Ors. which has been decided without noticing the Division Bench decision in Shiv Shakti Educational Society's case [supra] and against which, it is pointed out by learned counsel for the respondents that Letters Patent Appeal is still pending. Having heard learned counsel for the parties and after going through the Division Bench decision in Shiv Shakti Educational Society's case [supra] and the provisions of the relevant Statute, I am of the considered view that the CBSE would be competent to hold examination and issue diploma certificates to the students of an Institute only when it has been established with the approval/recognition of the Indian Nursing Council and which satisfies the infrastructural conditions set up by the said Council who is prescribed regulatory body at All India level. The writ petition is accordingly disposed of with liberty to the petitioners and respondent No. 4 to approach respondents No. 2 and 5 and show that the Institution has been established after the prior approval of the regulatory body and/or it possesses the requisite infrastructural facilities. In the event of such a representation made by the petitioners or respondent No. 4, respondents No. 2 and 5 are directed to verify their claim and take an appropriate decision as to whether the names of the petitioners deserve to be entered in the Register maintained by respondents No. 2 and 3. The needful shall be done within a period of three months from the date such representation is submitted along with a certified copy of this order. Disposed of. Dasti. February 28, 2011. ( SURYA KANT ) dinesh JUDGE