February 01, 2019
Case name: Private Nursing Schools and Colleges Management Association v. The Indian Nursing Council & Ors.
In this instant case, the appellants who are nurses have challenged Bombay High Court’s judgment, whereby the Court directed the appellants that once they have secured recognition for their Diploma or Degree courses from the State Authorities the candidates securing such Diplomas or Degrees shall be entitled to practice only within the aforesaid State and not outside.
In view of the aforesaid issue raised in the case, reference was made to relevant provisions of the Indian Nursing Council Act, 1947 which provides for the recognition of qualification and withdrawal of qualification.
The Two-Judge Bench of the Supreme Court while setting aside the High Court’s order held that consistent with the fundamental right of the nurses under Article 19(1)(g) of the Constitution of India, to practice their occupation throughout the territory of India, legislation in the form of the Nursing Council Act of 1947 has not restricted nor does it purport to restrict their practice of nursing once a Degree or Diploma is granted by the State Authority to that State only.
The entire case can be accessed here.