Haryana College Of Nursing vs State Of Haryana And Others
2022 Latest Caselaw 13862 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.110                               Civil Writ Petition No.25027 of 2022
                                         Date of Decision : November 01, 2022

Haryana College of Nursing                                      ...Petitioner

                                         Versus

State of Haryana and others                                    ...Respondents


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL


Present:     None for the petitioner.

             *****

SUDHIR MITTAL, J. (ORAL)

The petitioner-College has been established by a Society

known as M.B. Education Society, Ellenabad (Sirsa). Vide memo dated

06.08.2008, the State of Haryana granted No Objection Certificate for

starting B.Sc. Nursing Course and Post Basic B.Sc. Nursing Course with an

annual intake of 50 students each. The approval was extended for the

Session 2009-2010 vide memo dated 08.09.2009 issued by the Haryana

Nurses Registration Council. The intake was reduced to 40 for B.Sc.

Nursing Programme and 30 for Post Basic B.Sc. Nursing Porgramme vide

orders dated 31.03.2010 and 15.03.2011 respectively passed by the Indian

Nursing Council. The said orders were illegal as a Single Bench of the

High Court of Kartanaka has held that the Indian Nursing Council has no

jurisdiction in the matter of prescription of intake of students. Thus, a

representation dated 06.10.2021 (Annexure P-6) has been submitted before

the Haryana Nurses & Nurse-Midwives Council-respondent No.2 for

increasing the intake in accordance with the No Objection Certificate

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Civil Writ Petition No.25027 of 2022 --2--

granted by the State of Haryana. However, no order has been passed

thereupon. Meanwhile, writ petitions filed by identically situated colleges

have been allowed and increase in number of seats has been granted. Thus,

the present writ petition has been filed.

Considering the nature of the order being passed, issuance of

notice of motion is dispensed with.

The writ petition is disposed of at this stage with a direction to

respondent No.2 to decide the pending representation dated 06.10.2021

(Annexure P-6) by passing a speaking order within eight weeks from the

date of receipt of a certified copy of this order. Judgment passed by this

Court in CWP No.997 of 2022 titled as Florence School & College of

Nursing vs. State of Haryana and others shall be kept in mind while

passing the order.

November 01, 2022                                         (SUDHIR MITTAL)
Ankur                                                         JUDGE

Whether speaking/reasoned               Yes/No

Whether Reportable                      Yes/No




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