Karnataka HC rules in favour of 2 Kerala nurses, says no law that people can only work in state where they got education

The counsel for the petitioner nurses argued that the KNMC could not reject them as their college was recognised by the Karnataka State Nursing Council. This being the case, there could not be any insistence on registration by the Indian Nursing Council, especially since the Supreme Court had ruled that only the state councils and not the Indian Nursing Council could grant recognition, the counsel submitted. It was further argued that any degree affiliated with respective state councils should be recognised by all other states.

Perusing the Indian Nursing Council Act, 1947, the high court stated, “….a State Nursing Council cannot insist on the need to furnish a certificate of registration/recognition from the Indian Nursing Council for the purposes of enrolment/registration to practice the profession of nursing in that state.”

The court added, “…. what is to be seen is whether the State can restrict registration to students educated within its own territorial limits insofar as registration of nurses are concerned….No law can bind a person to a particular State, or mandate that a person can only work in the State where he or she has obtained his or her education. Narrow parochial views like these must be avoided…”.

The judge also pointed out that considering that the nurses were Kerala residents returning to the state after getting an education in Karnataka, a “disservice” had been done by the Kerala council. The KNMC was then directed to register the petitioner nurses and any others with a nursing degree.