Telangana High Court
Nightingale School Of Nursing And ... vs The State Of Telangana And 2 Others on 31 January, 2023
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
W.P. No. 43071 of 2022
Between:
Nightingale School of Nursing and another
... Petitioners
And
State of Telangana and others
... Respondents
JUDGMENT PRONOUNCED ON: 31.01.2023
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be
marked to Law Reporters/Journals? : yes
3. Whether Their Lordships wish to
see the fair copy of the Judgment? : yes
_________________
SUREPALLI NANDA, J
2
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 43071 of 2022
% 31.01.2023
Between:
# Nightingale School of Nursing and another
... Petitioners
and
$ State of Telangana and others
.....Respondents
< Gist:
> Head Note:
! Counsel for the Petitioner : G.P. for Medical Health
^Counsel for Respondents : Sri V.Srihari
? Cases Referred:
1. (2013) 3 SCC 385
3
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 43071 of 2022
Heard the Learned Counsel for the Petitioner and the
Learned counsel for the Respondent.
2. This Writ Petition is filed to issue a Writ of Mandamus to
declare the action of Respondents No.2 in declining
admissions into General Nursing and Mid-Wifery three years
course for the academic year 2022-23 to the petitioner is
arbitrary, illegal and against the principles of Natural Justice,
consequently direct respondent No.2 to permit admission into
General Nursing and MidWifery course by extending the time
stipulated in notifications vide Rc.No.34792/N1/2022, dated
01.10.2022 and 16.11.2022 in the online portal of
Respondent No.2 to complete the process of registration for
admissions for the academic year 2022-23 and complete the
process admission into the petitioners institute i.e.,
Nightingale School of Nursing by a reasonable time.
3. The case of the Petitioners, in brief, is as follows:
a) Petitioner No.1 society is established under the Public
Societies Registration Act vide Registration No.1725 of 2003
4
dated 25.11.2003 for imparting education and mostly to cater
to the needs of girls hailing from Scheduled Caste and Tribe
Communities.
b) Government vide G.O.Ms.No.313, HM & FW (M2) Dept.,
dated 16.08.1997 had laid down certain policies for admission
into General Nursing and Midwifery three year course and
according to the said circular, 50% of total seats are set apart
as "Free" and the remaining 50% are "Management Seats".
c. The Respondent No.2 issued a Notification vide
RC.No.34792/N1/2022 dated 01.10.2022 for Admission into
General Nursing and MidWifery three-year course for the
academic year 2022-23 inviting students to opt for online
registrations.
d) Name of the Petitioners institute without any prior
intimation had been omitted from the list of institutes to
effect admission for the academic year 2022-23 in the
notification dated 01.10.2022.
e) Respondent No.3 issued notice dated 16.04.2021 to the
petitioner and the petitioner with all the relevant documents
5
had replied on 17.05.2021 to respondent no.3. Respondent
no.3 had issued another notice dated 11.08.2021 alleging
that a part of the property was let out to a third party.
f) Petitioner replied stating that the lease was never acted
upon and was even cancelled by a notice dated 31.07.2019
and a surrender of lease was executed duly cancelling the
lease and upon being satisfied, respondent no.2&3 permitted
the petitioner institute admissions for the year 2021-22.
g) Respondent No.3 issued another notice vide
TSNMC/GNM/5130/2022 dated 15.09.2022 alleging that the
physical infrastructure is not provided as per the norms and
directed the petitioner to appear before the committee on
30.09.2022. The petitioner had appeared before the
committee on the said date and made their submissions.
h) Further, petitioner even submitted an explanation to
Respondent no.3 on 25.10.2022 stating the additional 2
(Two) Floors were under construction but were inadvertently
mentioned as Constructed and expressed regret.
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i) Respondent no. 2 & 3 did not consider bonafide
endorsement of Minister for Medical and Health to do the
needful for admission of 60 prospective students into the
petitioners' institute. The petitioners' institute is a non profit
organization and solely depends on the fee paid by the
students and if the time for online admission is not extended
then the petitioner institute would be adversely affected.
4. The case of the Respondents, in brief, is as
follows:
a) The Petitioner has suppressed the fact about the earlier
case filed before the High Court and has approached with
unclean hands.
b) The Telangana Nurses, Midwives, Auxiliary Nurse -
Midwives and Health Visitors Council is an Autonomous and
statutory body to regulate not only the Registrations of Health
Visitors but also maintaining uniform standards in Nursing
Education and that the 2nd Respondent is the 'president' of
The Telangana Nurses, Midwives, Auxiliary Nurse - Midwives
and Health Visitors Council.
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c) Under section 11(2) of Act No. III of 1926, the Nursing
Council is empowered to accord permissions to Nursing
Schools and under Rule 39, it is also empowered to inspect
the institutions by deputing inspectors for Recognition and
Renewal of Recognition.
d) As per Rule 8 of G.O.Ms.No.313, Health, Medical and
Family Welfare (M2) Dept., dated 16.08.1997, the Nursing
Institutions shall maintain physical facilities, requirement of
personnel and equipment as per norms fixed by the Indian
Nursing Council from time to time.
e) Initially permission was accorded to the Petitioners
Institute vide G.O.Ms.No 44 dated 25.01,2000 but later
respondent no.3 has deputed inspectors to inspect on
30.08.2019 and was found that the premises were shifted
without prior permission of Respondent no. 3 council and a
notice was issued by the Respondent no.3 council asking for
explanation on shifting the premises without permission from
Respondent no.3 council.
f) The Petitioner's Institute had been a consistent
defaulter and had approached this Court in W.P. No. 20635 of
8
2019 along with other and as per directions of the court, the
admissions were considered for the academic year 2019-20
and the same chain of events has been repeated even for the
academic year 2020-21 by filing WP No.24268 of 2020.
g) The Petitioners institute had violated several
resolutions, guidelines, notifications issued by the Indian
Nursing Council from time to time and hence the Petitioner's
Institute was not notified for admissions for the academic
year 2022-23. Moreover, the petitioners have approached this
court without challenging the notices issued by the
Respondents and the same is untenable in law.
h) The contention of the petitioner that lease was never
acted upon is false, as on verification of records, the premises
were leased to M/s. Virinchi Health Care Private Limited for a
period of 5 years vide document no. 6832 of 2018. On the
receipt of the Show Cause Notice vide
Lr.No.TSNMC/GNM/36901/2020 dated 11.08.2021 from the
respondent no. 3 council, Petitioner's Institute had executed
the cancellation of lease deed vide document no.4412/2021.
9
i) The plinth area of Petitioner's institute is 10,000 sft.
vide sale deed document no. 2432/2005 but the petitioner's
institute is paying property tax for 8,559 sft. only and that
the petitioners have failed to produce any proof or scrap of
paper of the fact that "Two floors were under construction".
j) The Respondent 3 council had issued several show
cause notices in the past to the Petitioner's Institute to make
good of the deficiencies with regard to Physical Infrastructure
and other facilities.
k) Upon surprise inspection by the inspectors at the
Petitioners Institute, it was seen that the building gate was
closed, premises were dirty and the building not being in use
and it was informed by the adjacent shop owners that the
Petitioner's Institute is not functioning and other neighbors
informed that the Petitioner's institute is locked and closed.
Despite providing many opportunities, the Petitioner's
Institute had not made good of the wrongs. Hence, the Writ
Petition is liable to be dismissed without going into the merits
of the case.
FACTS NOT IN DISPUTE :
10
5. Vide G.O.Ms.No.44, dt.25.01.2000 permission is
accorded for establishment of Nightingale School of
Nursing at FlatNo.103, Srinivasa Apartments,
Humayunagar, Hyderabad-28, that is the Petitioner
herein by the 1st Respondent. Paras 7 & 8 of the said
G.O. read as under :
Para 7 : The President Andhra Pradesh Nursing Council,
Hyderabad in her letter 11th read above has informed
that on receipt of compliance report from the Treasurer,
Mahalaxmi Educational Society, Humayunnagar,
Hyderabad an inspection of Nightingale School of
Nursing at Flat No.103, Srinivasa Apartments,
Humayunnagar, Hyderabad was conducted and that as
per the report of the Inspector, the School of Nursing
has fulfilled all the conditions stipulated in the letter 9th
read above and has therefore requested the
Government to accord necessary permission to the
Treasurer, Mahalaxmi Educational Society,
Humayunnagar, Hyderabad to start Nightingale School
of Nursing at Flat No.103, Srinivasa Apartments,
Humayunnagar, Hyderabad and to admit 60 (sixty)
students per year for the course.
Para 8 : Government after examination of the report of
the President, Andhra Pradesh Nursing Council,
Hyderabad in the letter 11th read above, and as per
Rule-30 under Section 11(2)(b) of Andhra Pradesh
Nurses and Midwives (Extension and Amendment) Act,
1964, hereby accord permission to the Treasurer,
Mahalaxmi Educational Society, Humayunnagar,
Hyderabad to start Nightingale School of Nursing at Flat
No.103, Srinivasa Apartments, Humayunnagar,
Hyderabad and to admit 60 (sixty) students per year for
the course. The Treasurer, Mahalaxmi Educational
Society, Humayunnagar, Hyderabad, shall ensure that:
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1) The school of Nursing is run regularly with
the required Physical and Clinical facilities.
2) The required teaching staff with the
necessary qualifications as per the Andhra
Pradesh Nursing Council regulations are employed
to educate and train the students properly in
accordance with the prescribed syllabus.
3) The School of Nursing is run efficiently in
the best interests of the students.
4) The procedure prescribed for the Selection
and Admission of students are scrupulously
followed including the selection of students from
local areas and observing the Rules of
Reservation.
5) The admissions are made only for the year
specified by the Director of Medical Education in
his order granting permission.
6) The location of the Institution is not shifted
from the location indicated in the application or
shown to the inspecting team without written prior
permission from the Government.
7) The number of students admitted do not
exceed the number of students permitted for
annual admission.
8) The fees collected by whatsoever name
called either for free seats or for management
seats do not exceed the limits specified in the
Government Orders.
9) The Students hostels wherever provided are
adequately furnished with appropriate areas for
their comfortable stay and provision is made for
their indoor or outdoor games.
6. Vide Rc.No.34792/N1/2022, dt. 01.10.2022 the
Director of Medical Education, Telangana State,
Hyderabad, requested the Commissioner, Information
and Public Relations, A.C. Guards, Hyderabad to issue
Notification for Admission into General Nursing and
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Midwifery Course for (Male & Female) both in Private
and Government for 2020-23 and
Rc.No.34792/N1/2022, dt.01.10.2022 which pertains
to issue of Notification for admission into 1st year of 3
years (General Nursing and Midwifery Training Course
for Male and Female candidates) for the Academic year
2022-23 in respect of Private Schools of Nursing and
the said Notification with reference to submission of
Online GNM Admission Applications step 3 and the last
paras read as under :
Step 3 : Download / Print the filled in application form
and submit the same with necessary enclosures to the
concerned District Medical & Health Officers either in
person or by Registered Post with due
acknowledgement for both Convenor and Management
quota seats. The downloaded applications should reach
the Office of the DM & HO's concerned on or before
31.10.2022 by 5.00 P.M. (for Management quota seats).
The admissions to the Management Seats has to
be made as per Rule 3, Para 5 and 6 of G.O.Ms.No.313,
HM&FW (M2) Dept., dt. 16.08.97 and Govt. Memo
No.27970/M2/98-1, HM&FW (M2) Dept., dt. 6-10-98.
For the Management Seats also, the candidates are
required to fill up the online application, download the
filled-in application and submit the same along with the
Management quota lists to the selection committee for
its approval.
Entire process of selection has to be completed by
31.10.2022. As soon as the selection process is
completed as per the above instructions and guidelines,
13
the selection lists should be submitted to this office duly
approved by the Selection Committee members on or
before 03.11.2022 without fail by the concerned District
Medical & Health Officers. The selection list should
indicate very clearly the number of candidates under
free and management quota for each private nursing
schools separately.
7. The Petitioner approached this Court by filing the
present W.P.No.43071 of 2022 and the Court vide its
orders dated 11.01.2023 was pleased to pass orders
observing as follows :
ORDER:
This Writ Petition is filed seeking a Writ of
Mandamus declaring the action of the respondent No.2
in declining admissions into General Nursing and
Midwifery three years course for the academic year
2022-23 to the petitioner institution as illegal, arbitrary
and against the principles of natural justice and
consequently, to direct the respondent No.2 to permit
admissions into the General Nursing and Midwifery three
years course by extending the time stipulated In
notification dated 01.10.2022 and 16.11.2022 in the
online portal of respondent No.2 to complete the
process of registration for admissions for the academic
year 2022-23 and complete the process of admission
into the petitioners institute by a reasonable time and
pass such other order or orders.
Learned counsel for the petitioners submitted that
the petitioner Education Society was established in the
year, 2000 by virtue of G.O.Ms.No.44 dated
25.01.2000. It is submitted that the petitioner
organization was established under Public Societies
Registration Act vide registration dated 25.11.2003. It is
submitted that the Government has laid down a policy
in terms of G.O.Ms.No.313, HM&FW (M2) Dept., dated
16.08.1997 for admission into General Nursing and
MidWifery (GNM) three years course and the method for
admission into GNM three years course shows that 50%
of the total number of seats are shown as "free seats"
and remaining 50% are shown as "Management seats".
The Selection Committee comprising of the respondent
No.2 as Convenor selects the candidates for admission
on merit basis and upon such selection, the private
institutions shall admit the candidates as selected and
allotted its subject to a maximum of 60 students
It is submitted that the respondent No.2 has
issued a notification dated 01.10.2022 for admissions
into GNM training three years course from the academic
year 2022-23 inviting prospective students to opt for
online registrations from 01.10.2022 to 15.10.2022 and
the selection process should be completed by
31.10.2022. It is submitted that the time was further
extended for registrations for admissions from
16.11.2022 to 25.11.2022 and, the last date for filing
applications at DM & HO's office was 26.11.2022 and,
the selection process was to be completed by
30.11.2022.
It is submitted that in the notification, the name
of the petitioner was not included for online admissions
for the academic year 2022-23. Since, there was no
notice issued for not including the name of the
petitioner in the list of eligible institutes for admissions
for the academic year 2022-23, the petitioner was
shocked to see that the petitioner institution name was
not in the list.
It is submitted that the respondent No.3 had
earlier issued a notice dated 16.04.2021 for rectification
by the petitioner institution of the lapses as pointed out
in the inspection report. The petitioner submits that he
has replied to the said notice by letter dated
17.05.2021. It is further submitted that the respondent
No.3 have again issued a show cause notice dated
11.08.2021 pointing out certain deficiencies and the
petitioner has also submitted its reply on 23.08.2021.
It is submitted that thereafter the petitioner has
also made several representations to the respondents
for their consideration, but no reply has been received
thereafter. It is submitted that the main objection of the
respondents was that the petitioner institution did not
possess the necessary infrastructure as required under
the Indian Nursing Council norms. It is submitted that
without granting any opportunity of hearing to the
petitioner, the respondents have not included the name
of the petitioner Institution in the list of institutes
eligible for admissions for the academic year 2022-23.
Therefore, the present Writ Petition has been filed.
The respondents have filed a counter affidavit
stating that the petitioner has been given several
notices to rectify the defects pointed out by the
respondents and the petitioner has not rectified the
same. Further, he referred to the surprise inspection
conducted on the petitioner school and the deficiencies
noticed therein. It is submitted that since the petitioner
has not rectified the deficiencies in spite of giving
sufficient time and opportunity, in order to follow the
norms of the Indian Nursing Council and Government
Rules, the respondents could not include the name of
the petitioner as eligible institution for admissions for
the academic year 2022-23.
In rebuttal, the learned counsel for the
petitioners had pointed out that the alleged surprise
inspection is conducted behind the back of the petitioner
and even the report has not been furnished to the
petitioner. Therefore, it is in clear violation of the
principles of natural justice. He further submitted that
the petitioner should be given an opportunity and the
case of the petitioner should be considered for
admission for the coming academic year 2022-23.
Learned Government Pleader for Medical and
Health appearing for respondents No.1 and 2 is also
heard.
Having regard to the above facts and
circumstances of the case, this Court finds that for not
including the name of the petitioner in eligible
institutions for admission, the reliance of the respondent
No.3 is on the surprise inspection conducted on the
petitioner and the deficiencies found therein. As seen
from the counter, there is no date referred to as to
when the surprise visit was conducted or whether it was
conducted in the presence of the petitioner. When
queried, the learned counsel for the respondents has
also admitted that the copy of the report is not enclosed
to the courtier affidavit.
In view of the same, this Court is of the opinion
that the alleged surprise inspection has not been
conducted in the presence of the petitioner and
therefore, there is clear violation of the principles of
natural justice and a report obtained behind the back of
the petitioner cannot be the basis of a decision without
confronting the petitioner with the same. Therefore, this
Court deems it fit and proper to direct the respondents
particularly respondent No.3 to conduct inspection
afresh within a period of ten days from the date of
receipt of a copy of this order with a notice to the
petitioner and submit its report.
At this juncture, the learned counsel representing
the respondents submitted that since the admission
process has already been completed and the admissions
can only be done through online portal by the
respondent organization and dead line is already over,
admissions for the academic year 2022-2023 cannot be
permitted at this stage.
PERUSED THE RECORD :
8. Paras 12, 14, 15 and 16 of the Counter Affidavit
filed by the 3rd respondent in December 2022 read as
under :
Para 12 : With reference to the allegations made in
Para No.8 of affidavit, it is submitted as per the
guidelines issued by the Indian Nursing Council, New
Delhi vide F.No.1-6/2018-INC, dt. 20.04.2018 that
every School should maintain the following physical
infrastructure with regard to building of the institution.
i) Teaching block 20,000 sft.
ii) Hostel block 17,500 sft
------------
Total 37,500 sft.
-------------
It is submitted that Petitioner's school is showing
the plinth area of their building is 10,000 sft., only vide
sale deed document No.2432/2005 registered in the
office of Sub-Registrar, Golconda vide Annexure-1A
attached to the said document. But Petitioner's School is
paying property tax for their premises of building for
8,559 sft., only. It is submitted that Petitioner's School
made a vague statement that 'two floors were under
construction' but failed to file any scrap of paper to that
factum of proof of construction is going on i.e., building
permission for construction obtained from GHMC etc.
Paras 14 :
......This is to submit that R-3 Council issued show cause
notice on 07.06.2017, 17.09.2021, 16.04.2021,
11.08.2021 and 15.09.2022 to the Petitioner's School to
make good of the deficiencies with regard to physical
infrastructure and other facilities etc.
Para 14 (5)
This is to submit that inspite of giving sufficient time
and opportunities to the Petitioner's School to make
good of the deficiencies but failed to follow the norms
prescribed by the Indian Nursing Council and Govt.
Rules. Again show cause notice was issued to
Petitioner's School to make good of the deficiencies
pointed out by the Inspectors of R-3 Council.
Para 15 :It is submitted that in view of pandemic
situation around the globe, all Schools were considered
based on the documents submitted by them and
allowed all the Schools for admission of students into
GNM Course for that academic year 2021-22.
Para 16 : It is further submitted that the Petitioner
has approached the Hon'ble High Court without
exhausting remedies available under section 9 appeal
provision, TSNMC Act, III of 1926.
9. The brief report of the Nightingale School of
Nursing Re-Inspection on 19.01.2023 in pursuance to
the interim orders of this Court dt. 11.01.2023 passed
in W.P.No.43071/2022 reads as under :
The Inspection committee appointed by the
TSNMC/GNM /3690/2022, dt. 18.01.2023 conducted Re-
Inspection on 19.01.2023.
The committee physically inspected Nightingale
School of Nursing located at 10-03-304/10/A,
Humayunnagar, Masab Tank, Near NMDC, Hyderabad
on 19.01.2023 from 10.30 am to 6 pm. The committee
is herewith submitting the following important
observations.
Built up area of the teaching block is 11,246
sq. feet. As per Indian Nursing Council, it
should be 20,000 sft., Principal submitted letter
that 3rd and 4th floor is under construction,
Inspectors observed the under construction
area.
Class rooms and laboratories available with
furniture and equipment. But labs are not
organized properly.
Inspectors interacted with final year GNM and
Students (14) available in the classroom.
Principal informed 2nd year students in Pongal
Vacation and 1st year admissions not yet taken.
Inspectors physically verified original
certificates of Principal and 10 tutors available
on the day of inspection. 1:10 teacher student
ratio maintained.
Principal Mrs. Ch.Durga and one tutor Mrs. P.
Roja Rani not registered in Telangana State
Nursing Council. They have APNMC
Registration, Instructed them to renew in
Telangana Nursing Council.
Inspectors found students are not staying
(Hostel) in the School building. Principal
informed temporarily Hostel facility is arranged
in ZOI Hospital 3rd and 4th floor for students as
school building is under construction. Students
also informed they are staying ZOI Hospital
accommodation.
Nightingale School of Nursing has ZOI Hospital
as affiliated Hospital with 3 branches at
Ameerpet, Somajiguda and Attapur.
Rural community experience permission letter
(Narapally PHC) not submitted by School.
DISCUSSION AND CONCLUSION :
10. Rule 8 of G.O.Ms.No.313, dt. 16.08.1997 which
deals with policy on regulation of Grant of Permission
to the Private Schools of Nursing reads as under :
Rule 8 : REQUIREMENT OF PHYSICAL FACILITIES : The
physical facilities in terms of land, buildings, class-room
facilities, laboratory facilities, requirement of personnel
and equipment shall be as fixed by the Indian Nursing
Council from time to time.
11. Para 12 of the counter affidavit filed by the
Respondent No.3 extracted above clearly indicates that
the Petitioner's School is showing the plinth area of
their building as 10,000 Sft., as against 37,500 sft., to
be maintained as stipulated as per the guidelines
issued by the Indian Nursing Council, New Delhi vide
F.No.1-6/2018-INC dt. 20.04.2018.
12. A bare perusal of the Re-Inspection report dt.
19.01.2023 clearly indicates as under :
"Built up area of the teaching block is 11,246 sq.
feet. As per Indian Nursing Council. It should be 20,000
sft., Principal submitted letter that 3rd and 4th floor is
under construction, Inspector observed the under
construction area".
13. This Court opines that the plea taken in the
counter affidavit filed by the Respondent No.3 in
December 2022 at para 12 that the Petitioner's School
made a vague statement that two floors were under
construction is totally incorrect because the latest re-
inspection report dt.19.01.2023 acknowledges the fact
of the area under construction by observing in the said
report that the Principal submitted letter that the 3rd
and 4th floor is under construction and the Inspectors
observed the under construction area.
14. This Court opines that paras 42 and 43 of the
judgement relied upon by the Counsel for the 3rd
Respondent in judgement dt. 13.12.2012 reported in
(2013) 3 SCC 385 Parshvanath Charitable Trust &
Others vs. All India Council for Technical Education and
Others, has no relevance to the facts of the present
case. It is true that the schedule pertaining to the
admissions and the procedure there under strictly
needs to be adhered to, but the present case is an
exception in view of the simple fact that the Petitioner's
Institution was established in the year 2000 by virtue
of recognition accorded to it, by the Government vide
G.O.Ms.No.44, dt.25.01.2000 and the Petitioner's
Institution was functioning regularly since then and
had continuous renewals till 2021. Though the
resolution dt. 29.10.2014 vide F.No.1-5/2014-INC
stipulates requirement for the Nursing programme of
20,000 sft., for the teaching block with annual
admission capacity of 40 to 60 students and an hostel
block of 17,500 sft., i.e., grand total of 37,500 sft., the
Petitioner's Institution admittedly as borne on record
had a renewal of recognition in its favour even after the
year 2014. Admittedly as borne on record the
Petitioner's Institution since the year 2000 i.e.,
25.01.2000 had renewal of recognition periodically
once in 5 years till the year 2021, and the latest
renewal was in process but however when the
Petitioner's Institution was declined admissions
unilaterally into General Nursing and Midwifery 3 years
Course for the academic year 2022-23, the Petitioners
were constrained to approach this Court by filing the
present Writ Petition in November 2022.
15. This Court opines that the Petitioner's Institution
is making all efforts as observed in the re-inspection
report dt. 19.01.2023 to meet the norms of "Indian
Nursing Council" and at this stage the Respondents
cannot decline admissions into General Nursing and
Midwifery 3 years course for the academic year 2022-
23 to the Petitioners herein unilaterally, illegally
against principles of natural justice when admittedly as
borne on record the Petitioner's Institution had been
functioning continuously from 25.01.2000. The case of
the Petitioner is clearly a case of renewal of
permission/recognition and not a case of grant of
permission or approval of recognition.
16. The permission accorded to the petitioner as per
Rule 30 under Section 11(2)(b) of Andhra Pradesh
Nurses and Midwives (Extension and Amendment) Act,
1964 to the petitioners vide G.O.Ms.No.44, dated
25.01.2000 had not been revoked as on date nor any
steps having been initiated in this regard are evident on
record. This Court opines that without issuing any
notice to the Petitioner's Institution for withdrawal of
permission granted in the year 2000 for the Petitioners,
for establishment of Nightingale School of Nursing at
Flat No.103, Srinivasa Apartments, Humayunnagar,
Hyderabad - 28, which has been functioning
continuously since the year 2000 there cannot be any
unilateral denial of renewal in the year 2022 and the
said exercise of power by the Respondents herein in the
present case is manifestly arbitrary.
17. Taking into consideration all the above referred
facts and circumstances and also the findings in the
latest Re-Inspection Report dt. 19.01.2023 filed into
the Court in pursuance to the directions of this Court dt.
11.01.2023 passed in W.P.No. 43071 of 2022, the Writ
Petition is allowed as prayed for and the Respondent
No.2 is directed to permit admissions into the General
Nursing and Midwifery Course for the academic year
2022-23 to the Petitioners by extending the time
stipulated in Notification vide Rc.No.34792/N1/2022,
dt. 01.10.2022 and 16.11.2022 in the Online Portal of
Respondent No.2 and complete the process of
Registration for Admissions for the Academic Year
2022-23 into General Nursing and Midwifery 3 years
course to the Petitioner Institute i.e., Nightingale
School of Nursing within a period of 2 weeks from the
date of receipt of the copy of the order. However, there
shall be no order as to costs.
Miscellaneous petitions, if any, pending shall
stand closed.
_________________
SUREPALLI NANDA, J
Date: 31.01.2023
Note: L.R. copy to be marked
b/o
kvrm
