Karnataka High Court

Karnataka High Court: P Krishna Bhat, J. disposed of the application with a direction to KSNC and State to consider the applications of petitioners which were filed in the year 2019 and take a final decision on the same.

The facts of the case are such that the petitioners intending to start school of nursing for fresh course of Diploma in General Nursing and Midwifery (GNM Course), had made an application in the year 2019 seeking recognition with effect from Academic Year 2019-20 to the concerned authorities. No decision was taken by the respondents regarding either for grant of approval/recognition or refusal of the same to the petitioners. Therefore, the petitioners have come up with this writ petition seeking a direction to grant approval for their school of nursing.

A decision was taken by Indian Nursing Council to phase out GNM Course immediately after the applications seeking approval filed by the petitioners. Thus, a request was made by the Indian Nursing Council to the Principal Secretaries (Health) that no new GNM School of Nursing should be approved from the Academic Year 2019-20. Later, sometime after the notification was issued, a Local Inspection Committee had visited the petitioner’s institution. However, no final decision on the applications filed by the petitioners has been taken by the respondents even as on date.

The Court relied on judgment on UOI v. KMJ College of Nursing, 2005 SCC OnLine Kar 249 and K Velayudhan Memorial Trust v. State of Kerala, 2009 SCC OnLine Ker 5323 and observed that based on communication No. HFW 212 RGU 2016 dated 14-12-2016 issued from the Office of the Principal Secretary to Government addressed to the Registrar, Rajiv Gandhi University of Health Sciences, insofar as recognition and approval to the School of Nursing is concerned, there is no need for the University to obtain no objection from the Indian Nursing Council.

The Court further observed in regard to making reference to the stages of examination of applications is concerned , in stage (a), it is only the submission of application under bye-law 49(1)(a) and Schedule IV and IX of the bye-law of Karnataka State Nursing Council is required and the application has already been submitted during the year 2019. With regard to the stages (b) to (g) of consideration of applications is concerned, the concerned respondents shall accomplish each of the stages in the process of consideration of the applications within a period of not more than a week. Thus, pending applications of the petitioners is required to be considered and processed by the respondents within a total period of eight weeks and communicate the decision to the petitioners immediately thereafter.

The Court thus directed the respondents “to consider the applications of petitioners which were filed in the year 2019 as if it is filed for the Academic Year 2021-22 and take a final decision on the same in the manner indicated hereinabove within an outer limit of eight weeks from today and communicate the decision to the petitioners immediately thereafter.” [JPI Dass School of Nursing v. State of Karnataka, 2022 SCC OnLine Kar 756, decided on 08-04-2022]


For petitioners: Mr. Receben Jaacob and Piyush Kumar Jain

For respondents: Mr. BV Krishna and Ms. Sumana Baliga

Arunima Bose, Editorial Assistant has reported this brief.

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