Karnataka High Court

Hyderabad Karnataka Nursing ... vs The Chairman on 11 August, 2022

Bench: M.I.Arun

                             :1:
                                                          R


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF AUGUST 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

       WRIT PETITION No.9438 OF 2022
     C/w. WRIT PETITION No. 9441 OF 2022
  & WRIT PETITION No.9456 OF 2022 (EDN-RES)

  IN WRIT PETITION NO. 9438 OF 2022

  BETWEEN:

  HYDERABAD KARNATAKA NURSING
  MANAGEMENT ASSOCIATION
  OFFICE AT HIG-14, SHANTHI NAGAR
  MSK MILL ROAD, KALABURAGI-585 103
  REPRESENTED BY ITS GENERAL SECRETARY
  DR.JEESH
                                          ...PETITIONER
  (BY SRI.REUBEN JACOB, SR. COUNSEL FOR
      SRI. PAWAN KUMAR M N., ADV.)

  AND:

  1.     THE CHAIRMAN
         KARNATAKA LEGISLATIVE COUNCIL
         VIDHANA SOUDHA, DR AMBEDKAR VEEDHI
         BENGLAURU-560 001

  2.     THE SECRETARY
         KARNATAKA LEGISLATIVE COUNCIL
         ROOM NO.156-C, 1ST FLOOR
         VIDHANA SOUDHA, DR AMBEDKAR VEEDHI
         BENGALURU-560 001

  3.     STATE OF KARNATAKA
         MEDICAL EDUCATION DEPARTMENT
         MULTISTORIED BUILDING
         DR AMBEDKAR VEEDHI
                             :2:




     BENGALURU-560 001
     REP. BY ITS PRINCIPAL SECRETARY

4.   INDIAN NURSING COUNCIL
     8TH FLOOR, NBCC CENTER
     PLOT NO.2, COMMUNITY CENTER
     OKHLA PHASE-I, NEW DELHI-110 020
     REPRESENTED BY IT SECRETARY

5.   KARNATAKA STATE NURSING COUNIL
     NO.71, NIGHTINGALE TOWERS
     A-STREET, 6TH CROSS
     A.R.EXTENSION, GANDHINAGAR
     BENGALURU-560 009
     REP. BY ITS REGISTRAR

6.   RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES
     4TH T BLOCK, JAYANAGAR
     BENGALURU-560 041
     REPRESENTED BY ITS REGISTRAR
                                           ...RESPONDENTS
(BY SRI.DHYAN CHINNAPPA, AAG AND
    SRI.S. RAJASHEKAR, AGA FOR R1 TO R3;
    SRI. SHIVARUDRA, ADV. FOR R4;
    SMT. SUMANA BALIGA, ADV. FOR R5;
    SRI. N. K. RAMESH, ADV. FOR R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE CONSTITUTION OF THE SPECIAL JOINT HOUSE COMMITTEE BY
THE CHAIRMAN OF THE KARNATAKA LEGISLATIVE COUNCIL(R1)
AND THE TERMS OF REFERENCE THEREOF NOTIFIED AS PER
PUBLICATION NO.42 DATED 16.04.2021 ISSUED BY THE
SECRETARY, KARNATAKA LEGISLATIVE COUNCIL (R2) VIDE
ANNEXURE-B AS UNCONSTITUTIONAL AND ILLEGAL ETC.

IN WRIT PETITION No. 9441 OF 2022

BETWEEN:

THE KARNATAKA NURSING INSTITUTIONS
MANAGEMENT ASSOCIATION
OFFICE AT NO.8/1, 8TH CROSS
BHUVANESHWARI NAGAR
BENGALURU-560 023
                              :3:




REP. BY ITS GENERAL SECRETARY
MR.VIJAYDEEP
                                           ... PETITIONER
(BY SRI.A.S.PONNANNA, SR. COUNSEL FOR
    SRI. PIYUSH KUMAR JAIN D., ADV.)

AND:

1.     THE CHAIRMAN
       KARNATAKA LEGISLATIVE COUNCIL
       VIDHANA SOUDHA
       DR AMBEDKAR VEEDHI
       BENGALURU-560 001

2.     THE SECRETARY KARNATAKA
       LEGISLATIVE COUNCIL
       ROOM NO.156-C, 1ST FLOOR
       VIDHANA SOUDHA
       DR AMBEDKAR VEEDHI
       BENGALURU-560 001

3.     STATE OF KARNATAKA
       MEDICAL EDUCATION DEPARTMENT
       MULTI STORIED BUILDING
       DR AMBEDKAR VEEDHI
       BENGALURU-560 001
       REP. BY ITS PRINCIPAL SECRETARY

4.     INDIAN NURSING COUNCIL
       8TH FLOOR, NBCC CENTER
       PLOT NO.2, COMMUNITY CENTER
       OKHLA PHASE-I, NEW DELHI-110 020
       REP. BY ITS SECRETARY

5.     KARNATAKA STATE NURSING COUNCIL
       NO.71, NIGHTINGALE TOWERS, A STREET
       6TH CROSS, A.R.EXTENSION, GANDHINAGAR
       BENGALURU-560 009,REP. BY ITS REGISTRAR

6.    RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
      4TH T BLOCK, JAYANAGAR, BENGALURU-560 041
      REPRESENTED BY ITS REGISTRAR
                                        ... RESPONDENTS
(BY SRI.DHYAN CHINNAPPA, AAG AND
    SRI. S. RAJASHEKAR, AGA FOR R1 TO R3;
    SRI. SHIVARUDRA, ADV. FOR R4;
                              :4:




     SMT. SUMANA BALIGA, ADV. FOR R5;
     SRI. N. K. RAMESH, ADV. FOR R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
CONSTITUTION OF THE SPECIAL JOINT HOUSE COMMITTEE BY THE
CHAIRMAN OF THE KARNATAKA LEGISLATIVE COUNCIL(R1) AND
THE TERMS OF THE REFERENCE THEREOF NOTIFIED AS PER
PUBLICATION NO.42 DATED 16.04.2021 ISSUED BY THE
SECRETARY, KARNATAKA LEGISLATIVE COUNCIL (R2) VIDE
ANNEXURE-B AS UNCONSTITUTIONAL AND ILLEGAL ETC.

IN WRIT PETITION NO. 9456 OF 2022

BETWEEN:

THE KARNATAKA STATE ASSOCIATION
OF THE MANAGMENT OF NURSING AND
ALLIED HEALTH SCIENCE INSTITUTIONS
HAVING ITS REGISTRED OFFICE AT
NO. 7380, DADAPEER LAYOUT, NH-4
NELAMANGALA BENGALURU 562 123
REP. BY ITS PRESIDENT
SRI. S.SHIVAKUMAR                          ... PETITIONER

(BY SRI.UDAYA HOLLA, SR. COUNSEL FOR
    SRI. T. KRISHNA, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF HEALTH AND
       FAMILY WELFARE
       MEDICAL EDUCATION
       M.S. BUILDING
       BENGALURU 560 001
       REP BY ITS PRINCIPAL SECRETARY

2.     THE KARNATAKA LEGISLATIVE COUNCIL
       VIDHANASOUDHA
       POST BOX NO.5079
       BENGALURU 560 001
       REP. BY ITS UNDER SECRETARY

3.     THE SECRETARY
       KARNATAKA LEGISLATIVE COUNCIL
                             :5:




     ROOM NO. 156-C, 1ST FLOOR
     VIDHANA SOUDHA
     BENGALURU 560 001

4.   THE UNDER SECRETARY
     KARNATAKA LEGISLATIVE COUNCIL
     VIDHANA SOUDHA , POST BOX NO. 5079
     BENGALURU - 560 001

5.   THE INDIAN NURSING COUNCIL
     8TH FLOOR , NBCC CENTER
     PLOT NO.2, COMMUNITY CENTER
     OKHLA PHASE-I
     NEW DELHI 110 002
     REP. BY ITS PRESIDENT

6.   THE RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES
     4TH 'T' BLOCK, JAYANAGARA
     BENGALURU 560 011
     REP. BY ITS REGISTRAR

7.   THE KARNATAKA STATE NURSING
     COUNCIL, ANAND RAO CIRCLE
     BENGALURU 560 009
     REP. BY ITS REGISTRAR     ... RESPONDENTS

(BY SRI.DHYAN CHINNAPPA, AAG &
    SRI. S. RAJASHEKAR, AGA FOR R1 TO R4;
    SRI. SHIVARUDRA, ADV. FOR R5;
    SMT. SUMANA BALIGA, ADV. FOR R7;
    SRI. N. K. RAMESH, ADV. FOR R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED   COMMUNICATION      DATED  04.05.2022  BEARING
NO.119,ISSUED BY THE SECRETARY THE KARNATAKA LEGISLATIVE
ASSEMBLY,R3 HEREIN PRODUCED HEREWITH AS ANNEXURE-A
AND ETC.

     THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 26.07.2022 FOR ORDERS AND COMING ON FOR
PRONOUNCEMENT OF ORDER THIS DAY, THE COURT, MADE THE
FOLLOWING:
                                   :6:




                            ORDER

1. Petitioners in these writ petitions are Associations

consisting of Nursing Institutions in the State of

Karnataka.

2. There was a question raised in the Karnataka

Legislative Council regarding permission being granted to

new Nursing Colleges and Allied Heath Sciences

Institutions for the academic year 2020-21 in spite of

they not having the necessary infrastructure and

violating the directions of Indian Nursing Council and it

had resulted in discussions pertaining to Nursing Colleges

in general and it was suggested that a Legislative

Committee has to be constituted to examine the

irregularities. Accordingly, a Special House Committee

was constituted as per Clause (1) of Rule 242A of Rules

of Procedure and Conduct of Business in the Karnataka

Legislative Council.

3. The terms of reference thereof was notified as per

Publication No.42 dated 16.04.2021 issued by the

Secretary, Karnataka Legislative Council, which is

produced as Annexure-'B' to the writ petitions.

4. The terms of reference are as follows:-

1. To examine in detail any administrative errors in granting permission to Nursing and Allied Health Sciences Colleges in the year 2020- 21 and also to examine all the Nursing and Allied Health Sciences Colleges in the State as per each District and find out any irregularities and suggest suitable remedies.

2. To examine all Nursing and Allied Health Sciences Colleges in the State in respect of their standards, infrastructure, admission of students and their attendance.

3. To examine the Rules pertaining to Affiliation of Colleges and allotment of seats.

4. To examine the Rules regarding fee fixed for students of the State and outside State students and the number of outside State students studying in Nursing and Allied Health Sciences Colleges and their attendance.

5. The Rules and Regulations prescribed by Rajiv Gandhi University of Health Science and Indian Nursing Council for opening new Nursing

and Allied Health Sciences Colleges in the State and whether the same is being followed.

6. How many Nursing Colleges attached to one Medical College can be opened as per Medical Council of India Rules and whether any colleges have been opened contrary to it.

7. Whether the Nursing and Allied Health Sciences Colleges permitted to open in the year 2020-21 has necessary infrastructure, departments, teaching and non-teaching staff and also to examine how standards can be improved in all the Colleges.

8. The procedure followed in respect of the attendance of students in classes and examinations in the Nursing and Allied Health Sciences Colleges.

9. To examine reason for establishing Task Force, members of the committee and responsibilities of the committee and action of Task Force committee so far.

10. To examine the recommendations of High Power Committee under the Chairmanship of Principal Secretary to the Government for opening new colleges in the year 2020-21.

11. To examine the necessity of setting up of other Committees of the Government to re-examine the applications submitted for starting new Colleges of Nursing and Allied Health Sciences after examination by the Syndicate Committee; to examine the recommendations given by the Committee of Experts;

12. Implementation of appropriate guidelines for rectifying administrative loopholes in applications received and granting permission for starting Nursing and Allied Health Sciences Colleges:

13. To examine in detail, the administrative errors in granting permission to all the Nursing and Allied Health Sciences Colleges in the State and all the irregularities committed in the said colleges.

14. To identify the loopholes in the examination system in Nursing and Allied Health Sciences Colleges and give appropriate instructions:

15. Other matters which the Committee may wish to examine;

K R Mahalakshmi Secretary Karnataka Legislative Council To the Hon'ble Members of Legislative Council.

5. Pursuant to the same, sub-committees were

constituted and an order was issued in this regard on

04.05.2022 wherein sub-committees have been

empowered to visit all the Nursing Colleges and Allied

Health Sciences Institutions in all the Districts of the

State, inspect the same and find out whether they are

functioning as per the directions of Indian Nursing

Council and whether they have the necessary

infrastructure, students, staff, attendance, method of

conducting examination, clinical facility, library and the

like and submit a report within two months. A copy of the

said order has been produced as Annexure-'A' in

W.P.No.9456/2022.

6. Aggrieved by the constitution of joint Committee for

the purposes as mentioned in Annexure-'B', the instant

writ petitions have been filed and in W.P.No.9456/2022,

the petitioner has also challenged the order at Annexure-

'A' to the writ petition by which the sub-committees are

constituted.

7. The case of the petitioners is that the discussions in

the house pertained to Nursing Colleges and Allied Health

Sciences Institutions which were granted permission

afresh in the academic year 2020-21 alone and not in

respect of all the Colleges and that a Special House

Committee cannot be constituted to verify the

functioning of all Nursing Colleges and Allied Health

Sciences Institutions in the State.

8. It is further contended that even otherwise a

Special House Committee cannot visit the Colleges

physically and verify their functioning as contemplated in

Annexures-'A' and 'B' to the writ petitions and

accordingly, they pray for setting aside publication No.42

dated 16.04.2021 issued by the Secretary, Karnataka

Legislative Council (vide Annexure-'B' to the writ

petitions) and consequently, the order dated 04.05.2022

constituting the sub-committees to physically visit and

verify the functioning of Nursing Colleges and Allied

Health Sciences Institutions in the State (vide Annexure-

'A' in W.P.No.9456/2022).

9. The respondents, justifying the constitution of the

Committee and the subsequent actions thereof, pray for

dismissal of the writ petitions.

10. Taking into consideration the rival contentions

urged by the parties, the questions that arises for

consideration in the instant writ petitions are:

1. Whether a Special House Committee can be constituted as per the Rules of Procedure and Conduct of Business in the Karnataka Legislative Council to look into the terms of reference as detailed in the publication at Annexure-'B' to the writ petitions.

2. Whether the issuance of the order dated 04.05.2022 constituting the sub-committees regarding the same is justified.

11. Clause (3) of Article 105 of the Constitution of India

states about the powers, privileges and immunities of the

Members of the Committee of each house of the

Parliament and Clause (3) of Article 194 of the

Constitution of India speaks about powers, privileges and

immunities of the Members and the Committees of a

House of the Legislature of a State and they are similar

to each other.

12. Clause (3) of Article 194 of the Constitution of India

reads as under:-

"(3) In other respects, the powers, privileges and immunities of a House of a Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution Forty-fourth Amendment) Act, 1978."

13. The privileges and powers of the Legislature of any

State in India is similar to that of House of Commons in

United Kingdom and while examining the same, the

Hon'ble Supreme Court in AMARINDER SINGH vs.

SPECIAL COMMITTEE, PUNJAB VIDHAN SABHA AND

OTHERS reported in 2010 (6) SCC 113 at paragraph 48

has recognized the following power:

"48. xxx

(7) The power of the House to compel the attendance of witnesses and the production of papers."

Further, Rule 205 of the Rules of Procedure and Conduct

of Business in the Karnataka Legislative Council reads as

under:

"205. Power to take evidence or call for papers, records or documents: - (1) A witness may be summoned by an order signed by the Secretary and shall produce such documents as are required for the use of a Committee.

(2) It shall be in the discretion of the Committee to treat any evidence tendered before it as secret or confidential.

(3) No documents submitted to the Committee shall be withdrawn or altered without the knowledge and approval of the Committee."

As per Rule 206, a committee has to the power to send

for persons, papers and records for recording evidence.

14. Both the petitioners and respondents do not dispute

the power of the Committee to record evidence.

However, the petitioners contend that in the process the

members of the committee cannot visit their premises.

15. Education, including technical education, medical

education and Universities is part of item No.25 of the

Concurrent List in Schedule-VII of the Constitution of

India and the Nursing Colleges are governed by the

Indian Nursing Council Act, 1947, which is Central

Enactment and also the Karnataka Nurses, Midwives and

Health Visitors Act, 1961 and Rajiv Gandhi University of

Health Sciences Act, 1994, which are Enactments of the

Karnataka State. Thus, Karnataka State Legislature is

empowered to legislate in respect of the Nursing Colleges

and a committee can always be constituted by legislative

council to study the performance of Nursing Colleges in

the State of Karnataka. Further, the material placed

before the Court shows that though initially the debate in

the house pertained to Nursing Colleges established in

the Academic Year 2020-21, it later on covered all the

Nursing Colleges.

16. Committees are constituted by the legislature for

various purposes including to study a prevailing situation

regarding a particular subject, so that it can enlighten

the legislators on whole range of governmental actions

and the information obtained can be used as a basis for

legislation or administrative reforms. The Hon'ble

Supreme Court in KALPANA MEHTA AND OTHERS vs.

UNION OF INDIA AND OTHERS reported in (2018)

7 SCC 1, at paragraph 335 has held as under:

"335. Various committees of both Rajya Sabha and Lok Sabha are entrusted with enormous duties and responsibilities in reference to the functions of Parliament. Maitland in Constitutional History of England while referring to the committees of Houses of British Parliament noticed the functions of the committees in the following words:

"... Then again by means of committees the Houses now exercise what we may call an inquisitorial power. If anything is going wrong in

public affairs a committee may be appointed to investigate the matter; witness can be summoned to give evidence on oath, and if they will not testify they can be committed for contempt. All manner of subjects concerning the public have of late been investigated by parliamentary commissions; thus information is obtained which may be used as a basis for legislation or for the recommendation of administrative reforms."

17. In the case of FACEBOOK vs. DELHI

LEGISLATIVE ASSEMBLY reported in (2022) 3 SCC 529

in paragraphs 177, 178 and 179 the Hon'ble Apex Court

has held as under:

"177. The committees are an extension of the legislature itself and do informed work. Their significance has been exhaustively dealt with in Kalpana Mehta which we have extracted hereinabove. US Representative James Shannon's words were noted with approval in the judgment (at SCC p.55, para 67), recognising that "around the world there is a trend to move toward reliance on committees to conduct the work of parliament,

and the greatest reason for this trend is a concern for efficiency." (emphasis supplied) It is not possible for us to accept the contention of the petitioners to create an artificial division between Assembly's core/essential and non-essential functions, with any restrictive clauses being placed on the deliberations of the committees.

Such water-tight compartmentalisation is not advisable. Unless the committee embarks on a course completely devoid of its functional mandate specified by the Assembly, or the Assembly itself lacks jurisdiction to deal with the subject matter, we are of the view that the widest amplitude must be given to the functioning of these committees. It is the parliamentary committee system that has been recognised as a creative way of parliaments to perform their basic functions. The same principle would apply, even if it is to some extent beyond their legislative domain. This is because they will not be able to make any valid legislative recommendations in the absence of competence over the subject matter. However, they may debate aspects which may be a reflection of their sense and consequently the sense of the House, if so adopted by the House.

178. Walter Bagehot in his seminal work "The English Constitution" elucidated five

significant functions of the House - elective, expressive, teaching, informing and finally, the legislative. The legislative function itself is a broad umbrella under which multiple responsibilities and tasks are carried out in synchronization. The legislature is a "democratic nucleus", whereby such title entails the law-making process itself as being multi-functional; involving receipt of informed opinions and balancing interests of various stakeholders. Committees actually are in the nature of specialised forums as Mallory states:

"The flow of public business is now so great, and its nature so complicated, that it can only be handled by bodies with the technical competence and the rational organization to master it. As Dr. Bernard Crick has pointed out:

The novels of C. P. Snow, Professor Parkinson's Law and K. C. Wheare's Government by Committee are all, in different ways, testimonies to the truth that the most important work of central government is conducted not by civil servants or M.P.'s working as individuals, but by committees (Bernard Crick, Reform of the Commons. Fabian Tract No.319 (London, 1959), p.13)."

179. The inquisitorial role of the committee in the functioning of House is of great

significance, and as recognized, the investigation of a complicated social problem prior to legislation often rests frequently on such legislative committees. This task involves the examination of witnesses and is helpful in dealing with matters of special and technical nature, wisened by insight into affairs of the workings of different aspects and the views expressed by different stakeholders. It can hardly be said that in the context of what has been debated, the petitioners have no role to play or are "outsiders". Intelligent legislative action and deliberation thereon rests on the power to investigate into questions of public importance and, thus, issuance of summons is key to this investigative exercise - a role clearly recognised in Kalpana Mehta."

18. In the instant case, there are alleged irregularities

said to have been committed by the various Nursing

Colleges, they are said to be operating and imparting

education pertaining to various nursing courses even

though, they are not meeting the standards prescribed

by various authorities, more particularly the Indian

Nursing Council and the authorities in charge of

scrutinizing the functioning of various colleges are

turning a deliberate blind eye to the said irregularities.

The legislature intends to verify the same and

recommend suitable reforms for which the committee

has been constituted to study the functioning of various

nursing colleges in the State. No fault can be found in

constitution of the same.

19. It is not in dispute that the committee has the

power to record evidence and verify documents in the

process of its study. It implies that the committee has

power to do such acts or employing such means as

reasonably necessary to conduct the study for which it is

constituted. The Hon'ble Supreme Court in MATAJOG

DOBEY vs. H.C. BHARI reported in (1955)2 SCR 925 at

paragraph 23 has held as under:

"23. Where a power is conferred or a duty imposed by statute or otherwise, and there is nothing said expressly inhibiting the exercise of the power or the performance of the duty by any limitations or restrictions, it is reasonable to hold that it carries with it the power of doing all such acts or employing such mans as are reasonably necessary for such execution. If in the exercise of

the power or the performance of the official duty, improper or unlawful obstruction or resistance is encountered, there must be the right to use reasonable means to remove the obstruction or overcome the resistance. This accords with commonsense and does not seem contrary to any principle of law. The true position is neatly stated thus in Broom's Legal Maxims, 10th Edn. at p.312: "It is a rule that when the law commands a thing to be done, it authorize the performance of whatever may be necessary for executing its command."

20. Thus, the committee having power to take evidence

or call for papers, records or documents for the purposes

of its study, it has to be held the committee has the

power to visit the Nursing Colleges to study whether they

are functioning in accordance with law or not.

21. However, in the process of studying the functioning

of Nursing Colleges, the committee members cannot be

permitted to harass the institutions and their visit should

be strictly limited to study/collect evidence as to whether

the colleges are subscribing to the prescribed standards

and it does not empower the committee members to

threaten any legal action or issue any type of directions