Case Note & Summary
The petitioners, including two individual nursing students (Ms. Daniya Joy and Ms. Neethu Baby) and associations representing nursing institutions and students, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioners sought directions to the Kerala Nurses and Midwives Council (respondent No.2) to grant reciprocal registration to students who completed their nursing education in Karnataka, without insisting on recognition from the Indian Nursing Council (INC). The petitioners also sought a direction to the INC to inform all state nursing councils not to mandate INC affiliation/recognition in light of the Supreme Court order dated 22.01.2019 in Civil Appeal No.958/2019, which arose from SLP (C) No.9/2014, and the Karnataka High Court order dated 24.07.2017 in WP Nos.25355-25357/2017. The background of the case involves a long-standing dispute where the Kerala Nurses and Midwives Council had been refusing reciprocal registration to students from Karnataka institutions on the ground that those institutions did not have recognition from the INC. However, the Supreme Court had already clarified that INC recognition is not a prerequisite for reciprocal registration. The legal issues centered on whether the Kerala Council could impose additional requirements beyond the Supreme Court's directions and whether the writ petition was maintainable. The petitioners argued that the Supreme Court order was binding and that the Kerala Council's insistence on INC recognition was contrary to law. The respondents, including the INC and the Karnataka State Nursing Council, did not oppose the petition. The court, after hearing arguments, allowed the writ petition, directing the Kerala Nurses and Midwives Council to grant reciprocal registration to the petitioners and other similarly situated students without insisting on INC recognition, in compliance with the Supreme Court order. The court also directed the INC to communicate the same to all state nursing councils. The decision was based on the binding nature of Supreme Court orders and the principle that state councils cannot impose conditions that contradict higher judicial authorities.
Headnote
A) Nursing Education - Reciprocal Registration - Indian Nursing Council Act, 1947; Nurses and Midwives Act, 1953; Karnataka Nurses, Midwives and Health Visitors Act, 1961 - The petitioners sought direction to respondent No.2 (Kerala Nurses and Midwives Council) to grant reciprocal registration to students who completed nursing courses in Karnataka, without insisting on INC recognition. The court held that the Supreme Court order in Civil Appeal No.958/2019 dated 22.01.2019 is binding and mandates reciprocal registration without requiring INC recognition. The Kerala Council cannot impose additional conditions. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The High Court exercised its writ jurisdiction to enforce the Supreme Court order and direct the state nursing council to comply. The court held that the order of the Supreme Court is binding on all authorities and must be implemented. (Paras 1-10) C) Precedent - Binding Nature of Supreme Court Orders - The court relied on the Supreme Court order in Civil Appeal No.958/2019 and the High Court order in WP Nos.25355-25357/2017 dated 24.07.2017, which held that INC recognition is not required for reciprocal registration. The court directed the Kerala Council to register the petitioners in accordance with those orders. (Paras 1-10)
Issue of Consideration
Whether the Kerala Nurses and Midwives Council can insist on recognition from the Indian Nursing Council for granting reciprocal registration to nursing students who completed their education in Karnataka, in light of the Supreme Court order dated 22.01.2019 in Civil Appeal No.958/2019.
Final Decision
The writ petition is allowed. Respondent No.2 (Kerala Nurses and Midwives Council) is directed to grant reciprocal registration to the petitioners and other similarly situated students without insisting on recognition from the Indian Nursing Council, in compliance with the Supreme Court order dated 22.01.2019 in Civil Appeal No.958/2019. Respondent No.1 (Indian Nursing Council) is directed to communicate this to all state nursing councils.
Law Points
- Reciprocal registration
- Indian Nursing Council Act
- 1947
- Nurses and Midwives Act
- 1953
- Karnataka Nurses
- Midwives and Health Visitors Act
- 1961
- Articles 226 and 227 of Constitution of India
- Supreme Court order in Civil Appeal No.958/2019
- binding nature of Supreme Court orders
- state nursing councils cannot impose additional requirements beyond Supreme Court directions.
