The Karnataka Excessive Courtroom has directed the Kerala Nurses and Midwives Council (KNMC) to register two nurses who had secured their BSc Nursing levels from an institute in Mangaluru, saying that “no legislation can…mandate that an individual can solely work within the state the place she or he has obtained his or her training”. The excessive court docket additionally stated that the council can’t insist on recognition from the Indian Nursing Council.
The observations have been made in an order handed on February 7 by a single-judge bench of Justice Suraj Govindaraj.
As per the case, two girls from Kerala secured BSc Nursing levels from an institute in Mangaluru in 2023. They submitted an software to the KNMC, which insisted on an Indian Nursing Council registration of the institute that they had graduated from. The nurses then approached the Karnataka Excessive Courtroom.
The counsel for the petitioner nurses argued that the KNMC couldn’t reject them as their faculty was recognised by the Karnataka State Nursing Council. This being the case, there couldn’t be any insistence on registration by the Indian Nursing Council, particularly because the Supreme Courtroom had dominated that solely the state councils and never the Indian Nursing Council may grant recognition, the counsel submitted. It was additional argued that any diploma affiliated with respective state councils needs to be recognised by all different states.
Perusing the Indian Nursing Council Act, 1947, the excessive court docket acknowledged, “….a State Nursing Council can’t insist on the necessity to furnish a certificates of registration/recognition from the Indian Nursing Council for the needs of enrolment/registration to follow the career of nursing in that state.”
The court docket added, “…. what’s to be seen is whether or not the State can prohibit registration to college students educated inside its personal territorial limits insofar as registration of nurses are involved….No legislation can bind an individual to a specific State, or mandate that an individual can solely work within the State the place she or he has obtained his or her training. Slender parochial views like these should be averted…”.
The decide additionally identified that contemplating that the nurses have been Kerala residents returning to the state after getting an training in Karnataka, a “disservice” had been completed by the Kerala council. The KNMC was then directed to register the petitioner nurses and any others with a nursing diploma.
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