Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, J.)

Order Date: 06.07.2026

Case Overview

  • Parties: Maya Devi University (Petitioner) vs. State of Uttarakhand (Respondent).
  • Nature of Proceeding: Petition challenging the Indian Nursing Council regulation that mandates a minimum 5 km distance between two nursing colleges, seeking an essentiality certificate to run a B.Sc Nursing programme with 60 seats for the academic year 2025‑26.
  • Background: The petitioner argued that the distance requirement hindered its ability to obtain the essentiality certificate. The State Government wrote to the Indian Nursing Council requesting relaxation of the 5 km condition, and the Uttarakhand Nurses and Midwives Council made a similar request.
  • Court Observations: The court recognized the petitioner’s difficulty due to the regulation and considered the representations made by the State and the Nurses and Midwives Council.

Court Orders

1. Grant an essentiality certificate to Maya Devi University for conducting the B.Sc Nursing course (60 seats) for the academic year 2025‑26.

2. Issue a writ of mandamus directing Respondent No. 2 (State) to decide the representation dated 16.06.2026 (Annexure No.‑10, Pages 57‑69) concerning the essentiality certificate, taking into account that other nursing colleges are more than 5 km away.

3. Issue a writ of mandamus directing Respondent No. 3 to constitute an examination board for conducting the semester examinations of students enrolled in the B.Sc Nursing course for 2025‑26.

4. Allow the petitioner liberty to make a representation to the Indian Nursing Council within three days from the date of this order. If such representation is made, the Council must render its decision within four weeks from the date of presentation of a certified copy of this order.

5. Certify a copy of this order today.

Final Outcome

  • The essentiality certificate for Maya Devi University’s B.Sc Nursing programme (60 seats) is to be granted.
  • The State must promptly decide the pending representation and establish an examination board as directed.
  • The petitioner may approach the Indian Nursing Council within three days, and the Council is obligated to decide within four weeks of receiving the certified order.

Topics: Education Regulation, Nursing Certification