Case Note & Summary
The petitioner, Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, a trust running educational institutions, proposed to start a General Nursing and Midwifery (GNM) course at Wardha. The Maharashtra State Board of Nursing and Para Medical Education rejected the proposal vide communication dated 31st December 2019, citing notifications dated 28th February 2019 and 14th March 2019 issued by the Indian Nursing Council, which resolved to phase out the GNM course from the academic year 2020-21 in compliance with the National Health Policy 2017. The petitioner challenged the rejection and the notifications before the Bombay High Court. The court examined whether the Indian Nursing Council had the statutory authority under the Indian Nursing Council Act, 1947 to issue notifications phasing out a course. The court noted that the Council's powers under Sections 16 and 18 of the Act relate to prescribing standards, syllabi, and recognition of qualifications, but do not include the power to phase out a course. The court held that the notifications were ultra vires the Act as they were issued without any delegated legislative authority. Consequently, the State Board's rejection based on such invalid notifications was unsustainable. The court quashed the impugned communication and directed the State Board to reconsider the petitioner's proposal afresh in accordance with law, without being influenced by the invalid notifications. The court also directed the Indian Nursing Council to reconsider its decision to phase out the GNM course in light of the observations.
Headnote
A) Administrative Law - Delegated Legislation - Ultra Vires - Indian Nursing Council Act, 1947, Sections 16, 18 - Notifications dated 28.02.2019, 14.03.2019, and 19.09.2019 issued by the Indian Nursing Council phasing out GNM course were held to be without statutory authority as the Council has no power under the Act to phase out a course; such power is not delegated by the Act. Held that the notifications are ultra vires the Act and cannot be enforced. (Paras 10-15) B) Education Law - Recognition of Courses - Maharashtra State Board of Nursing and Para Medical Education Act, 2012 - The State Board is bound by the provisions of the State Act, which does not empower the Indian Nursing Council to phase out courses. The State Board's reliance on the Council's notifications to reject the petitioner's proposal was erroneous. Held that the impugned communication dated 31.12.2019 is quashed and set aside. (Paras 16-18) C) Constitutional Law - Right to Practice Profession - Article 19(1)(g) - The petitioner's right to establish and run educational institution was affected by the impugned notifications and rejection. Held that the notifications being ultra vires, the petitioner's proposal must be considered afresh in accordance with law. (Paras 19-20)
Issue of Consideration
Whether the notifications issued by the Indian Nursing Council phasing out the General Nursing and Midwifery (GNM) course from the year 2020-21 are legally valid and binding on the State Board, and whether the State Board's rejection of the petitioner's proposal based on such notifications is sustainable.
Final Decision
The impugned communication dated 31.12.2019 is quashed and set aside. The State Board is directed to reconsider the petitioner's proposal afresh in accordance with law, without being influenced by the invalid notifications. The Indian Nursing Council is directed to reconsider its decision to phase out the GNM course in light of the observations.
Law Points
- Statutory authority
- Delegated legislation
- Ultra vires
- Phase-out of course
- Indian Nursing Council Act
- 1947
- Maharashtra State Board of Nursing and Para Medical Education Act
- 2012
