University degrees issued before a statute was struck down remained valid for registration under nursing law.
Degrees awarded by a university established under a valid statute were treated as capable of registration under Section 14 of the Punjab Nurses Registration Act, 1932, where compliance with any one of the prescribed routes was sufficient. The later invalidation of the university's enabling statute did not automatically destroy the legal validity of degrees already issued, and separate recognition by the State or Nursing Council was not required on those facts. The reasoning also relied on the principle that students should not suffer for defects not attributable to them, especially where the course had been completed before the adverse judgment. The refusal to register such degrees was therefore unsustainable.
Issues: Whether degrees awarded by a university established under a statute, later struck down, were entitled to registration under Section 14 of the Punjab Nurses Registration Act, 1932, without separate recognition by the State or the Nursing Council.
Analysis: Section 14 provided alternative routes to registration, and compliance with any one of the prescribed clauses was sufficient. A degree granted by a university that existed under a valid enactment when the degree was issued carried its own legal validity and did not require separate approval from another technical or regulatory body merely because the enabling statute was later invalidated. The protective direction in the Supreme Court judgment striking down the university statute supported the position that students should not be prejudiced, especially where they had completed the course before the adverse judgment. The Court distinguished cases involving institutions lacking both university affiliation and regulatory approval, and applied the principle that a student should not suffer for a fault not attributable to the student.
Conclusion: The petitioners were entitled to registration of their degrees, and the refusal to register was unsustainable.
TaxTMI 
AI Drafter ✕
TaxTMI 
