In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Writ Petition No. 110 of 2020
In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Writ Petition No. 110 of 2020
In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Writ Petition No. 110 of 2020
odt 1/23
...VERSUS...
Council has resolved to phase out ‘GNM’ course from the year
dated Dated 28th February, 2019, 14th March, 2019 and 19th
Act, 2013).
courses, but the said power lies with the State Board and
Constitution of India.
Health Policy 2017’, are binding on the State Board and the
State Board has rightly acted upon the direction of the Indian
of the petitioner.
Government of India.
the relevant provisions of the Act, 1947 and the Act, 2013 and
follows:-
2019.
To,
The President,
Indian Nursing Council,
New Delhi- 110020
qualification as B.Sc.(N).
Notification
------------
dated 28th February and 14th March 2019 and communication dated
involved.
(3)…….
(4)…….
reads thus:
(2)………
(3)………
(4)……….
(5) Out of the applications recommended by the Board,
the Government may grant permission to such
institution as it may consider right and proper in its
absolute discretion, taking into account the
Government’s budgetary resource, the suitability of the
management seeking permission to open new
institutions and the State level priorities with regard to
location of institutions for Nursing and Paramedical
Education.
(6)……
provisions, is as follows :
of the Act 1947, lays down that all declarations under section
Gazette, is mandatory.
can be said that the process of phasing out GNM Course has
policy decision.
page 14, admits in clear terms that on the date when the
the existing GNM schools are still conducting the said course.
Act, 1947 and also the Act, 2013 and therefore, the same
the Courts are to keep their hands off, as the Courts are
education.
recognition to the nursing courses but the said power lies with
present case.
Council.
No order as to costs.
JUDGE JUDGE
sknair