1 2025:CGHC:37153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3983 of 2025 1 - Private Nursing College Association Of C.G. Through Its President- Vishal Dixit, Registered Office At- Pnca Dainik Agradoot Press Building, Near Bjp Office, Rajbandha Maidan, Raipur (C.G.) ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Health And Family Welfare (Mohfw) Room No. 402-D, Nirman Bhawan, New Delhi- 110011 2 - The Secretary Indian Nursing Council 8th Floor, Nbcc Center, Plot No. 2, Community Center, Okhla Phase-I, New Delhi- 110020, Email Id- Secy.Inc@Gov.In, Js.Inc@Gov.In 3 - Chhattisgarh Nursing Council Through Its Registrar, Old Nurses Hostel, Raipur (C.G.) ---Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rajat Agrawal, Advocate For Respondent-UOI : Mr. Ramakant Mishra, DSGI along with Mr. Rishabh Dev Singh, CGC For Respondent No. 3 : Mr. Vikas Dubey, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 30/07/2025 1. The petitioner has filed this writ petition on the following relief:- “(i) That this Hon’ble Court may kind enough in issuing a writ of mandamus or any other appropriate writ, order or direction commanding the respondent No. 2/Indian Nursing Council to forthwith consider and decide the Digitally signed by JYOTI JHA Date: 2025.07.31 11:12:29 +0530 2 petitioner Association’s representation dated 26.05.2025, by passing a reasoned and speaking order in accordance with laws. (ii) That any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice along with the cost of the petition may kindly also be awarded to the petitioners.” 2. Counsel for the petitioner submits that the Petitioner Association is challenging the inaction of the Indian Nursing Council, which has sought to retrospectively enforce a requirement mandating a 100-bedded parental hospital for nursing institutions, including established prior to the year 2021. Though no formal order has been issued, the said requirement was uploaded on the Council's website and subsequently published in the Gazette in 2021. The said regulatory requirement is traceable to the rule-making powers of the Council under Section 16 of the Indian Nursing Council Act, 1947, which mandates that such regulations must undergo prior publication, approval of the Central Government, and publication in the Official Gazette to attain legal enforceability. In response, the Petitioner Association submitted a detailed representation dated 26.05.2025 raising objections and seeking relaxation. However, till date, no action or speaking order has been passed by the Respondent, giving rise to the present cause of action. 3. Learned counsel for respondent -UOI submits that the petitioner association has no locus standi to file this petition 3 and the petitioner is the association of the college and the petitioner is not a college, therefore the college has right to file the case challenging the Section 4 of the Indian Nursing Council Act, 1947. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Be that as it may, The private nursing college association of Chhattisgarh has made a representation Annexure P/1 dated 26.05.2025 before the respondent No. 2 for the purpose of relaxation of mandatory requirement of a 100- bedded parental hospital upto the academic session 2020- 2021 which is still pending before the Competent Authority. Therefore, the respondent No. 2 is directed to decide the representation of the petitioner dated 26.05.2025 in accordance with law, rules and regulations expeditiously as soon as possible. 6. It is made clear that this Court has not made any observation with regard to merits of the case. 7. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti