Maina Education Society vs State Of Haryana And Others
2022 Latest Caselaw 2042 P&H

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                CWP-5243-2022

Maina Education Society
                                                                  ....Petitioner

                                          VS

State of Haryana and others
                                                                  ....Respondents

                                CWP-5319-2022

Rural Institute of Health and Para Medical Sciences
                                                                  ....Petitioner

                                          VS

State of Haryana and others
                                                                  ....Respondents


                                                       Date of Decision: 24.03.2022

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present:-    Mr. Alok Mittal, Advocate
             for the petitioner

                                               *****
SUDHIR MITTAL, J.

This order shall dispose of CWP Nos. 5243 and 5319 of 2022 as the

question of law involved in both is identical.

In both cases the petitioners were issued NOC for admitting certain

number of students which was reduced by the Indian Nursing Council unilaterally.

There is no complaint regarding lack of infrastructure or any such issue. The

Supreme Court has held that the Indian Nursing Council has no jurisdiction to

increase or reduce the number of seats in a Nursing Institute and the jurisdiction

vests only with the State Nursing Council. Based upon this judgment a

representation has been submitted for permitting the petitioners to admit students

for their course in accordance with the No Objection Certificate granted by the

State and the respective representations have not been decided till date.

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CWP-5243-2022 and other connected case -2-

Notice of motion.

Mr. Hitesh Pandit, Addl. A.G. Haryana accepts notice on behalf of

respondents No. 1 and 3 and waives service. At the asking of the Court, learned

Addl. A.G. Haryana accepts notice on behalf of respondent No. 2 as well.

Considering the nature of the order being passed, there is no necessity

to file reply.

The writ petitions are disposed of with a direction to respondent No. 2

to decide the pending representations in accordance with law by passing a speaking

order within twelve weeks from the date of receipt of certified copy of this order.

Learned Addl. A.G. Haryana is directed to convey the order to respondent No. 2.

A photocopy of this order be placed on the file of other connected

case.

                                                               SUDHIR MITTAL)
March 24, 2022                                                     JUDGE
reena



                       Whether speaking/reasoned               Yes/No
                       Whether Reportable :                    Yes/No




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