AI Drafter 
TaxTMI 
TaxTMI 
2010 (2) TMI 1278
X X X X Extracts X X X X
X X X X Extracts X X X X
....tre at Rohtak where the petitioners gained admission and pursued study and also obtained the degrees awarded by the University. The Government of India through its Ministry of Human Resource Development of Secondary and Higher Education has certified to the Vice Chancellor, Doon International University, Chhattisgarh that the degree awarded by the University established under the Act shall stand automatically recognized. The second contention is that Section 14 of the Punjab Nurses Registration Act provided three classes of persons, who would be entitled to obtain registration and persons such as the petitioners, who had undergone necessary course of training or passed the examination through a degree obtained awarded by the University established under the Act, could not be denied registration. The argument under this head is to the effect that a degree awarded a University established through an enactment obtain sui-generis validity and a subsequent decision striking down the Act will not take away the rights of persons, who had already obtained the degrees and more so, in view of the fact that the specific saving granted under the Hon'ble Supreme Court judgment itself. II....
X X X X Extracts X X X X
X X X X Extracts X X X X
....relevant:- "14. Registration of nurses, health visitors, midwives, nurse-dais, trained dais and dais.- (1) Every person who complies with such conditions and restrictions as may be prescribed by the Council and- a) has undergone the necessary course of training or passed the examination, if any, prescribed for nurses, health visitors, midwives, nurse-dais, auxiliary nurses and mid wives, or trained dais, or b) is registered as a nurse or midwife or health visitor by any association which is recognized by the Council, or c) is able to satisfy the Council that he has anywhere in India undergone a course of training or passed an examination, similar to the course of training and examination referred to in clause (a) and recognized by the Council." The counsel for the respondent would submit that the degree secured by joining the Rohtak institute situated in the State of Haryana, had not been approved by the Haryana Government nor had it issued 'No Objection Certificate' for opening and running of such institute in the State of Haryana. Since the institute where the petitioners had studied had been established in Haryana without either the Governm....
X X X X Extracts X X X X
X X X X Extracts X X X X
....-necessity of obtaining approval from any other body was affirmed by the Hon'ble Supreme Court in Bharathidasan University and another v. All India Council for Technical Education and others-AIR 2001 Supreme Court 2861, referring to a University established under the Bharthidasan University Act of 1981, a degree granted by University established, the Hon'ble Supreme Court held, was not required to seek prior approval of the All India Council for the Technical Education (AICTE) to start a department for imparting a course or programme in technical education. I have not been shown through any provision that any institute which offers the course within the State of Haryana shall require to be registered with the Haryana Nursing Council or recognized by the Haryana Government. I have already extracted Section 14 of the Punjab Nurses Registration Act as applicable to Haryana that sets out three different situations that shall exist in alternation in order that a degree holder obtains a registration. V. Technical education obtains validity either from recognition of the Technical Education Council set up by an enactment or by University established by an Act 7. The learned ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....approval from a Technical Council. This distinction was brought out in Bharathidasan University case referred to above. We have seen that institute such as All India Council of Technical Council could not make any regulation in exercise of its powers to institutes affiliated to University. A technical council may lay down some norms to be followed and the limits of jurisdiction and such technical councils will be governed by the Act that establishes it. To borrow the expressions from Bharathidasan( supra), a Technical Council, which is created under an enactment, is not intended to be an authority either superior to or to supervise and control the University and thereby super-impose itself upon such Universities merely for the reason it is imparting technical education or programmes in any of its departments or units. What applied to AICTE as regards an institution established by University will apply also as a principle of law to an institute affiliated to University that cannot be controlled or supervised by the Indian Nursing Council. 8. The decision of the Division Bench in Shiv Shakti Educational Society (supra) must be applied to a different situation of an institute seeki....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d by the petitioners..." 10. The difference in this case to what obtains in Suresh Pal is that in Suresh Pal, the recognition had been granted by the State of Haryana to the certificate course but later withdrew it. In this case, although the State Government had not granted any recognition to the institute, the institute had been affiliated to University established under the Act. When the student had not been himself guilty of misrepresentation and had taken a degree through an institute affiliated to University which till the date when the degree was awarded had a right to exist as such an institute, the student cannot be punished. 11. In Sanatan Gauda v. Berhampur University-(1990) 3 SCC 23, the Hon'ble Supreme Court held:- "(Sharma J.) 3... In that situation it cannot punish the student for the negligence of the Principal or the University authorities. It is important to appreciate that the appellant be accused of making any false statement or suppressing any relevant fact before anybody.... and cannot be accused of any fraud or misrepresentation... 4. Before parting I would like to impress the University authorities to frame the rules in such clear....