In a crucial ruling that brings relief to nursing students, the Hon’ble Rajasthan High Court, in a matter argued by GMR Legal, has directed the Rajasthan Nursing Council (RNC) to declare the results of students from a petitioner Nursing College who had already appeared for the I & II Year General Nursing and Midwifery (GNM) course examinations for the academic sessions 2018-19 and 2019-20. The court further directed the RNC to allow these students to complete their GNM course.
Background of the Case:
The petitioner, a nursing college, approached the court seeking relief after the RNC prevented its students from participating in their final-year GNM exams for the academic session 2018-19. This was due to an objection raised by the Indian Nursing Council (INC) during its 2012 inspection, in which the petitioner’s institution was declared unrecognized. The petitioner argued that the issue had already been settled by the Hon’ble Supreme Court of India in the case of Private Nursing Schools and Colleges Management Association v. Indian Nursing Council (SLP(C) 32603/2017), where it was held that the INC had no jurisdiction to de-recognize an institution.
Arguments by the Petitioner:
The petitioner’s learned Senior Counsel contended that the objection raised by the INC had no legal standing as the apex court had already ruled on the matter. Furthermore, a coordinate bench of the Rajasthan High Court, in the case of Kamaksha Institute of Nursing v. State of Rajasthan & Ors., had passed an order on December 18, 2017, holding that the INC lacked authority to grant recognition to institutions imparting nursing education, including the GNM course. This order was upheld by a Division Bench of the High Court in 2019.
Relying on these precedents, the petitioner argued that the students should not suffer due to the now-resolved controversy and requested that their examination results be declared and that they be permitted to complete their GNM course.
Court’s Observations:
In its judgment, the Hon’ble High Court observed that the controversy regarding the INC’s authority to de-recognize nursing institutions had already been settled by the Supreme Court and earlier decisions of the High Court itself. The learned counsels for the respondents did not dispute this fact, acknowledging that the issue was no longer a matter of legal contention.
Recognizing the merit of the petitioner’s argument, the court allowed the writ petition, directing the RNC to declare the examination results of the students who had already appeared for their I & II Year GNM course under interim orders of the court. Additionally, the court instructed the RNC to permit these students to complete their GNM course.
Key Takeaways:
- Jurisdiction of the INC: The judgment reaffirms that the Indian Nursing Council does not have the jurisdiction to de-recognize nursing institutions. This is a settled matter following the Supreme Court’s ruling and multiple orders from the Rajasthan High Court.
- Rights of the Students: The court’s decision ensures that students are not unduly penalized due to administrative or regulatory disputes between institutions and governing bodies. In this case, students who had already appeared for their exams will be allowed to complete their courses without further delay.
- Recognition and Regulation of Nursing Institutions: This ruling underscores the separation of powers between regulatory authorities. The RNC, as the state body, is responsible for matters concerning the conduct of nursing courses, while the INC’s role is limited in this regard. Conclusion:
This judgment is a significant victory for the petitioner Nursing College and, more importantly, for its students, who were facing uncertainty regarding their academic future. The Rajasthan High Court has once again reinforced the principle that students should not bear the consequences of disputes between institutions and regulatory bodies. By directing the RNC to declare the results and permit the completion of the GNM course, the court has ensured that the students can move forward in their careers without further disruption.
This case serves as an important reminder of the judiciary’s role in safeguarding the rights of students and maintaining the integrity of educational processes.
