Punjab-Haryana High Court
Radha Swami Education And Medical ... vs State Of Haryana And Others on 21 November, 2023
Author: Ritu Bahri
Bench: Ritu Bahri
Neutral Citation No:=2023:PHHC:149548
2023:PHHC:149548
CWP-25249-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
217/1 CWP-25249-2022
Date of decision: 21.11.2023
Radha Swami Education and Medical Science
Development Society
....Petitioner
V/s
The State of Haryana and others
....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
HON'BLE MS JUSTICE NIDHI GUPTA
Present : Mr. Alok Mittal, Advocate for the petitioner.
Mr. Deepak Balyan, Additional Advocate General, Haryana.
Mr. Padam Kant Diwedi, Advocate for respondent No.2.
*****
RITU BAHRI, ACTING CHIEF JUSTICE (Oral)
1. Prayer in the present petition is for issuance of a writ in the
nature of certiorari for quashing letter dated 28.10.2014 (Annexure P-5) and
order dated 16.05.2022 (Annexure P-12), whereby annual intake in
petitioner-institute was reduced to 30 seats for GNM course.
2. Learned counsel for the petitioner has referred to order dated
13.09.2022 (Annexure P-14) passed in CWP-997-2022 titled as Florence
School and College of Nursing vs. State of Haryana and others, whereby
the petition was allowed and the order reducing the seats from 60 to 40 as
observed by Indian Nursing Council (INC) was set-aside and the matter was
remanded back to the competent authority to pass a fresh order within four
weeks. Learned counsel for the petitioner has also placed on record copy of
Order dated 11.10.2022 (Annexure R-1), which has been passed pursuant to
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the directions given by Hon'ble the Supreme Court in Civil Appeal
Nos.12759-12761 of 2017 titled as The Karnataka State Associaiton of The
Management of Nursing and Allied Health Science Institutions and others
vs. Indian Nursing Council and others dated 11.09.2017 (Annexure P-9).
3. Learned counsel for the petitioner contends that the main issue
in the said case was that 'No Objection Certificate' has been granted by the
State of Haryana for annual intake of 60 students for each courses i.e. Basic
B.Sc. Nursing and Post Basic B.Sc. Nursing. Thereafter, the Indian Nursing
Council (INC) by publishing the list of Nursing Colleges unilaterally
reduced to 40 seats for GNM and to 30 seats for ANM courses. The order
was challenged before this Court and the writ petition was allowed vide
order dated 13.09.2022 by observing that Indian Nursing Council has no
jurisdiction to reduce the seats once it was sanctioned by the State.
4. Learned counsel further contends that pursuant to the aforesaid
order passed by this Court, an order dated 11.10.2022 (Annexure R-1) has
been passed by Officiating Registrar, Haryana Nurses and Nurse Midwives
Council, Panchkula, whereby order dated 13.09.2022 passed by this Court
has been complied with and was implemented in letter and spirit. The
number of seats were restored to 60 seats in ANM, 100 seats in GNM, 50
seats in BSc Nursing and 50 seats in P.B.B.Sc Nursing, as earlier done by
the State.
5. Learned counsel for the petitioner by referring to the aforesaid
order dated 11.10.2022 (Annexure R-1) contends that initially in the present
case, the NOC was granted for 60 seats in GNM course. However, the
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Indian National Council has unilaterally reduced the intake seats to 30 for
GNM course, vide impugned letter dated 28.10.2014 (Annexure P-5).
6. Thereafter, aggrieved, petitioner-Institute approached the
respondents seeking permission for increase of seats as per the NOC grant
by the State of Haryana. Thus, repeated requests were made by the
petitioner-Institute for permitting increase of seats. The same having not
been considered, petitioner was constrained to file a writ petition i.e. CWP-
7880-2022 (Annexure P-11), which was disposed of with a direction to the
respondents to decide the pending representations of the petitioner by
passing a speaking order.
7. The representations have been rejected vide impugned order
dated 16.05.2022 (Annexure P-12) by Director, Medical Education and
Research, Panchkula, which necessitated the petitioner to file the instant writ
petition.
8. We have heard learned counsel for the parties.
9. It appears that petitioner-Institute was established in the year
2010 and is running a Nursing College for GNM course. The State of
Haryana issued 'No Objection Certificate' in favour of the petitioner
permitting it to admit 60 students in the said course. However, in the year
2014, the annual intake was reduced to 30 seats for GNM course
10. Keeping in view the order dated 13.09.2022 (Annexure P-14)
and 11.10.2022 (Annexure R-1) passed by Officiating Registrar, Haryana
Nurses and Nurse-Midwives Council, Panchkula, the present writ petition is
allowed and order dated 16.05.2022 (Annexure P-12) is set-aside. The
matter is remanded back to the competent authority to pass a fresh order
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within four weeks from the date of receipt of a certified copy of the
judgment.
(RITU BAHRI)
ACTING CHIEF JUSTICE
(NIDHI GUPTA)
JUDGE
November 21, 2023
Ajay
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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