2018 (5) TMI 1955 - HC - Indian Laws

Denial of registration to the students who acquired qualification of ANM/GNM from the Singhania University - he Singhania University is established by law - HELD THAT - Once the controversy has already been adjudicated by the Hon'ble Apex Court in the case of B.L. ASAWA VERSUS STATE OF RAJASTHAN AND ORS. 1982 (3) TMI 282 - SUPREME COURT then there is no question to hold that any error has been committed by the learned Single Judge in directing the appellant RNC so as to deny the registration on the pretext that recognition is necessary from the appellant Rajasthan Nusing Council. If any University is established by law and imparting the course in the form of diploma and degree or qualification, that cannot be questioned by the appellant RNC for the purpose of registration. Appeal dismissed.

Summary

Issues:
1. Recognition requirement by Rajasthan Nursing Council for degree/diploma from Singhania University.
2. Validity of the judgment dated 1.2.2018 allowing the writ petition.
3. Applicability of previous judgments in similar cases.

Analysis:
1. The primary issue in this case revolves around the requirement of recognition by the Rajasthan Nursing Council (RNC) for the degree/diploma obtained from Singhania University. The petitioners sought registration from RNC after acquiring ANM/GNM qualification from Singhania University, contending that the University's establishment under Section 2F of the UGC Act exempts the degree/diploma from needing further recognition. However, RNC argued that being the regulatory body for Rajasthan, it must inspect and recognize qualifications, emphasizing the need for recognition from RNC despite the University's establishment under the law.

2. The validity of the judgment dated 1.2.2018, which directed RNC to consider the petitioners' request for registration without requiring further recognition, was challenged in the appeal. The appellant contended that the Single Judge erred in following previous judgments and misinterpreted the law, citing the necessity of recognition by RNC even for degrees from legally established universities. The respondents, on the other hand, argued that the University's legal establishment negates the need for additional recognition, referencing Supreme Court and High Court judgments supporting this stance.

3. The court analyzed the precedents cited by both parties, particularly emphasizing the Supreme Court's decision in Dr. B.L. Asawa Vs. State of Rajasthan & Ors, which established that degrees from lawfully established universities do not require additional recognition for registration purposes. The court dismissed the appellant's arguments, noting that the previous judgments supported the respondents' position that RNC's recognition was unnecessary for degrees obtained from legally recognized institutions. The court distinguished a previous case involving qualifications from the State of Rajasthan, emphasizing that the current case solely pertained to registration, not appointment or qualification, thus upholding the Single Judge's decision based on established legal principles.

In conclusion, the court dismissed the special appeal, affirming the judgment that degrees or diplomas from lawfully established universities like Singhania University do not necessitate further recognition by the Rajasthan Nursing Council for registration purposes.