The decision that the pending application of the petitioners to start school of nursing is required to be considered and processed by the respondents within a total period of eight weeks and the result is to be communicated to them immediately is upheld by the High Court of Karnataka through the learned bench led by HONOURABLE MR. JUSTICE P. KRISHNA BHAT in the case of J P I DASS SCHOOL OF NURSING AND ORS. Versus STATE OF KARNATAKA AND ANR. (WRIT PETITION NO.4980 OF 2022).
FACTS OF THE CASE- The petitioners wanted to start school of nursing for fresh course of Diploma in General Nursing and Midwifery (GNM Course). They had made an application for the same to the concerned authorities in the year 2019, seeking recognition with effect from Academic Year 2019-20. Henceforth, the respondents did not take any decision regarding either for grant of approval/recognition or for refusal of the same. As a result, the petitioners have filed a writ petition asking for a directive to approve their nursing school.
The counsel for respondent no. 1 submitted that the Indian Nursing Council decided to phase out the GNM Course shortly after the petitioners filed their applications for approval and it had written to the Principal Secretaries (Health) requesting that no new GNM schools of nursing be permitted for the academic year 2019-20. Thus the petitioner’s application for approval to begin the GNM course with effect from the 2019-20 school year was put on hold. The counsel for respondent no. 2 stated that the method of assessment of applications filed requesting approval for the GNM Course has been outlined in the statement of objections filed on behalf of respondent No.2 with reference to the laws explicitly indicating the authorities who must make decisions at each level of the decision making process.
The counsel for petitioner stated that a Local Inspection Committee visited the petitioner’s institution sometime after the notification (Annexure-R5) was issued, according to the petitioner. They went on to add that the respondents, on the other hand, have not yet reached a final conclusion on the petitioners’ applications. The Counsel for the petitioners, Sri.Reuben Jacob, further submitted that the University does not need to obtain no objection from the Indian Nursing Council in order to recognise and approve the School of Nursing, and he specifically drew reference to the decision of the Division Bench of the Karnataka High Court in UNION OF INDIA & ANOTHER vs. KMJ COLLEGE OF NURSING [2005 (4) KLJ 393], as well as the decision of the Full Bench of the High Court of Kerala in K. VELAYUDHAN MEMORIAL TRUST vs. STATE OF KERALA AND OTHERS [2010 SCC Online Kerala 1236]. He submitted that the Indian Nursing Council’s authorization is not required for the University to offer recognition or approval for the GNM Course, according to the preceding judgements.
JUDGEMENT– After hearing both the sides, considering the submissions, the court gave the judgement that the pending application of the petitioners to start school of nursing is required to be considered and processed by the respondents within a total period of eight weeks and the result is to be communicated to them immediately.
JUDGEMENT REVIEWED BY- ATIVA GOSWAMI
