Chandigarh: The
Haryana Nurses Registration Council (HNRC) has been directed by the
Punjab and
Haryana High Court to register the degrees of students pursuing nursing courses obtained from Doon International University, Raipur,
Chhattisgarh.
Justice K. Kannan, while considering a petition filed by Neelam Devi along with other petitioner against the HNRC and other respondents said that, "It is this degree alone which ensures them a job in the market. The petitioners who have completed the degree course in General Nursing and Midwifery (GNM) are at sea when they find that the degree is not registered with the council."
"The disagreement of the petitioners revolves around the Doon International University, Raipur,
Chhattisgarh, which has been awarding degrees and is a university notified under the gazette notification dated November 7, 2003, established under the
Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana aur Viniyaman) Adhiniyam Act, 2002."
The cause of disagreement to seek registration of degrees with the council arises due to the Supreme Court's judgment involving Prof Yashpal and another versus State of
Chhattisgarh and others dated February 11, 2005, striking down the
Chhattisgarh Act.
The counsel representing the respondent submitted that the institute situated in the state has not sought the approval of the
Haryana government nor had it issued a no-objection certificate for the institute to ply in the area.
The counsel further added that, "Since the institute where the petitioners studied was established without government's approval or that of the Indian Nursing Council, New Delhi, the petitioners are not entitled for any registeration."
Justice Kannan asserted that, "The degrees of the petitioners could not be registered because it has been obtained from the university set up under the Act. To further consider the matter, neither of the two, that is, neither the
Punjab Nurses Registration Council nor the Government of
Haryana did ever recognize the degree."
In accordance to the apex court judgments, Justice Kannan added that, "The institute in this case although did not had the state government's recognition but it had been affiliated to the university established under the Act."
"The student cannot be held guilty on the grounds when he himself had not been guilty of misrepresentation and had taken a degree through an institute affiliated to the university which till the date when the degree was awarded had a right to exist as such an institute."
"There shall be a mandamus in the manner sought for by the petitioners and they are entitled to have the degrees registered by the council. Although the writ petition is allowed but there shall be, however, no direction as to the costs."