2018 (2) TMI 1951 - HC - Indian Laws

Providing of registration form to the petitioners for the purpose of registration as ANM and GNM - issuance of the registration certificate in favour of the petitioners - registration was not granted without assigning proper reasons - HELD THAT - It is not in dispute that the respondent No.3-University, from which the petitioners have passed the GNM and ANM courses, is a University established under a statute. Hon'ble Supreme Court in Dr. B.L. Asawa Vs. State of Rajasthan Ors. 1982 (3) TMI 282 - SUPREME COURT has held that degree or diploma granted by a University, created by law or under the law, is not required to get recognition by other authority. Thus, it is not in dispute that the respondent No.3-University is a University established under the statute and, therefore, in view of the law laid down in the above referred case that a degree, diploma or any qualification awarded by any University, established under the statute, is automatically recognized and needs no recognition by any other authority, there is no hesitation in holding that the respondent No.2-RNC cannot refuse to register the petitioners under the provision of Act of 1964 on the ground that the respondent No.3-University, from which the petitioners have completed GNM and ANM courses, is not recognized by the INC. The respondent No.2-RNC is directed to consider the request of the petitioners expeditiously preferably within a period of two months from the date of production of certified copy of this order, and if the petitioners are otherwise eligible, necessary registration be granted to them - petition allowed.

Summary

Issues:
- Petitioners seeking registration as ANM and GNM
- Refusal of registration form by respondent No.2-RNC
- Recognition of respondent No.3-University by INC
- Legal validity of degrees from respondent No.3-University
- Applicability of previous court judgments on the case

Analysis:
The petitioners filed a writ petition seeking registration as Auxiliary Nursing Midwives (ANM) and General Nursing Midwives (GNM) and issuance of registration certificates. They completed courses at Singhania University and underwent required training. However, the Rajasthan Nursing Council (RNC) refused to provide registration forms without reason, leading to the petition. The State and RNC argued that since Singhania University lacked recognition from the Indian Nursing Council (INC), registration was not possible as per INC instructions.

The University, in response, cited its establishment under the University Grants Commission Act, asserting automatic recognition of its degrees. The petitioners and University referred to a Punjab and Haryana High Court case supporting the self-validating nature of degrees from universities established under statutes. The High Court noted the Supreme Court's stance that degrees from such universities do not require additional recognition. Citing previous judgments, the Court emphasized that degrees from statute-established universities are inherently recognized, negating the need for external validation.

Consequently, the petition was allowed, directing the RNC to promptly consider the petitioners' request for registration. The Court emphasized that the RNC cannot deny registration based on Singhania University's lack of INC recognition, given the legal validity of degrees from statute-established universities. The judgment highlighted the self-validating nature of degrees from such universities and mandated expedited consideration of the petitioners' registration requests.

In conclusion, the Court's decision rested on the legal validity of degrees from the respondent No.3-University, emphasizing the self-validating nature of degrees from universities established under statutes. The judgment underscored that such degrees do not require additional recognition and directed the RNC to process the petitioners' registration requests promptly.