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Issues Involved:
1. Petitioners' grievance to non-registration of their degrees by the State Nursing Registration Council. 2. Reasons for denial of registration. 3. Setting the platform for consideration. 4. Degree conferred by a University established under an enactment is sui generis and self-validating. 5. Technical education obtains validity either from recognition of the Technical Education Council set up by an enactment or by University established by an Act. 6. Student shall not be penalized for a mistake/fault, not her own. Summary: I. Petitioners' grievance to non-registration of their degrees by the State Nursing Registration Council The petitioners, who have qualified for General Nursing and Midwifery (GNM) degrees from Doon International University, Raipur, Chhattisgarh, are unable to register their degrees with the State Nursing Registration Council. They argue that their degrees, awarded by a University established under the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana aur Viniyaman) Adhiniyam Act, 2002, should be recognized. They contend that Section 14 of the Punjab Nurses Registration Act entitles them to registration. II. Reasons for denial of registration The 1st respondent denied registration on the grounds that the Supreme Court in Professor Yashpal v. State of Chhattisgarh (2005) struck down the Chhattisgarh Act, and the degrees from the University set up under the Act are not recognized. Additionally, neither the Punjab Nurses Registration Council nor the Government of Haryana recognized the degrees. III. Setting the platform for consideration (a) The petitioners claim protection under the Supreme Court judgment in Professor Yashpal, which directed the State Government to affiliate such institutions to existing State universities to protect students' interests. (b) The 1st respondent argues that the institute from which the petitioners obtained their degrees was not recognized by the Haryana Nursing Registration Council or the Government of Haryana, as required by Section 14 of the Punjab Nurses Registration Act. IV. Degree conferred by a University established under an enactment is sui generis and self-validating The Court held that the degrees obtained from a University established under an enactment do not require additional recognition. The Supreme Court's judgment in Professor Yashpal protected students who were studying at the time of the judgment. The Court found that the petitioners' degrees, awarded by a University established under an enactment, could not be denied validity or recognition. V. Technical education obtains validity either from recognition of the Technical Education Council set up by an enactment or by University established by an Act The Court distinguished this case from Shiv Shakti Educational Society v. State of Punjab, where an institution without affiliation or approval sought recognition. Here, the petitioners' institute was affiliated to a University established under an enactment, and thus, their degrees did not require approval from the Indian Nursing Council. VI. Student shall not be penalized for a mistake/fault, not her own The Court cited Suresh Pal v. State of Haryana and other cases to emphasize that students should not be penalized for faults not their own. The petitioners, having obtained their degrees from an institute affiliated to a University established under an enactment, should not suffer due to subsequent derecognition. VII. Conclusion The petitioners are entitled to have their degrees registered by the 1st respondent. The writ petition is allowed, and a mandamus is issued for the registration of the degrees. No costs are awarded.
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