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2025 Supreme(AP) 71
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI
K. MANMADHA RAO, J.
Sangamitra Educational Society - Appellant
Vs.
State Of Andhra Pradesh and Others - Respondent
WRIT PETITION NO: 10655/2024 and WP No.25920/2024
Decided On : 13-03-2025
Advocate Appeared:
For the Appellant : KOCHIRI RAJA SHEKAR
For the Respondent: GP FOR MED HEALTH AND FAMILY WELFARE
The cancellation of clinical training permissions without due process violates natural justice, necessitating the issuance of NOC for clinical affiliation.
Headnote:
(A) Constitution of India - Article 226 - Writ petitions challenging cancellation of clinical training/affiliation permissions - The 2nd respondent's cancellation of clinical training permissions was found to violate principles of natural justice and was arbitrary, leading to the issuance of NOC for clinical affiliation with KIMS Hospital. (Paras 22, 23)
(B) Natural Justice - The court emphasized that the authority must follow due process and cannot unilaterally cancel permissions without providing an opportunity for explanation. (Paras 13, 24)
(C) Essentiality Certificate - The requirement for a parent hospital for nursing institutions was upheld, but the court found the actions of the 1st respondent in denying NOC to be illegal. (Paras 21, 23)
Facts of the case:
The petitioner society sought to establish a B.Sc. Nursing course and had obtained necessary permissions from the relevant authorities, including a clinical affiliation with KIMS Hospital. However, the 2nd respondent cancelled this permission citing procedural discrepancies.
Findings of Court:
The court allowed WP No.25920 of 2024, declaring the actions of the 1st respondent illegal and directing the issuance of NOC and Essentiality Certificate. WP No.10655 of 2024 was dismissed for lack of merit.
Issues: The main issues included the legality of the cancellation of clinical affiliation and the authority of the Superintendent of the Hospital to grant such permissions.
Ratio Decidendi: The court ruled that the cancellation of permissions without due process violated natural justice principles, and the authority must adhere to established regulations regarding parent hospitals.
Result: WP No.25920 of 2024 allowed; WP No.10655 of 2024 dismissed.
ORDER :
K. MANMADHA RAO, J.
WP No.10655 of 2024 is filed under Article 226 of the Constitution of India for the following relief:
“….to o issue any writ order or direction more particularly one in the nature of writ declaring the proceedings in Rc No 2330354/NE/2024 dated 2.4.2024 issued by the 2nd respondent in cancelling the clinical training/affiliation permission orders dated 5.2.2024 granted by the 2nd respondent himself without following due process of law as illegal violation of principles of natural justice and violative of Articles 14 and 19(l)(g) of the Constitution of India and consequently setaside the said proceedings and pass…”
2. WP No.25920 of 2024 is filed under Article 226 of the Constitution of India for the following relief:
“…..to o issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing Lr No 2520583/C2/2024 dated 24.09.2024 and 2nd respondent proceedings vide Rc No 2526732/NE/2024 dated 17.09.2024 rejecting the consideration of the petitioner trust application for issuing NOC for the clinical affiliation with the KIMS Sai Sheshadri hospital Srikakulam basing on the MOD issued by the KIMS hospital in accordance with the guidelines issued by the Indian Nursing Council as illegal arbitrary against to the principles of natural justice and consequently set aside the Lr No 2520583/C2/202 dated 24.09.2024 of the 1st respondent and 2nd respondent proceedings vide Rc No 2526732/NE/2024 dated 17.09.2024 by directing the 2nd respondent to issue afresh orders on the petitioner trust application to issue NOC for the clinical affiliation with the KIMS Sai Sheshadri hospital Srikakulam and Essentiality Certificate by 1st respondent and pass…..”
3. As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
4. Since the facts in both the writ petitions are similar and identical, therefore WP No.10655 of 2024 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
5. Brief facts of the case are that, the petitioner society submitted a proposal to the 1st respondent to start B.Sc. Nursing course in the name and style of "Sanghamitra College of Nursing". Accordingly, the petitioner's proposal was forwarded to the High Power Committee for its reports. Laterthe High Power Committee having satisfied with the infrastructure being provided and the teaching and non-teaching staff being appointed, forwarded its recommendations to the 1st respondent to grant essentiality certificate to the petitioner society. Pursuant to the recommendations, the 1st respondent issued G.O.Ms.No.34 dated 11.3.2024 granting essentiality certificate for the petitioner society to start B.Sc Nursing (4 years Degree) Course with intake capacity of 50 seats per annum. The petitioner has also obtained permission from KIMS Hospital, Srikakulam vide letter bearing Ref.No.KIMSSSH- SKLM/HR/72/2024 dated 20.1.2024 for clinical attachment of the students of the proposed institution. The 2nd respondent having satisfied with the clinical undertaking, issued orders in Rc No.2330354/NE/2024, dated 5.2.2024 accorded permission to the petitioner society for clinical training/affiliation of the students at KIMS hospital. While the matter stood thus, the 2nd respondent issued proceedings dated 2.4.2024 cancelling the clinical permission orders dated 5.2.2024 issued by him and also requested the 1st respondent not to consider the proposals of the petitioner. Aggrieved by the same, the present writ petition came to be filed.
6. This Court vide order, dated 09.05.2024 in WP No.10655/2024 has granted interim stay of all further proceedings pursuant to the proceedings dated 02.04.2024 issued by the 2nd respondent, for a period of six(06) weeks.
7. The counter affidavit has been filed by the 2nd respondent in WP No.10655 of 2024. While denying the allegations made i
