Point of Law: Committees are constituted by legislature for various purposes including to study a prevailing situation regarding a particular subject, so that it can enlighten legislators on whole range of governmental actions and information obtained can be used as a basis for legislation or administrative reforms.

ORDER :

1. Petitioners in these writ petitions are Associations consisting of Nursing Institutions in the State of Karnataka.

2. There was a question raised in the Karnataka Legislative Council regarding permission being granted to new Nursing Colleges and Allied Heath Sciences Institutions for the academic year 2020-21 in spite of they not having the necessary infrastructure and violating the directions of Indian Nursing Council and it had resulted in discussions pertaining to Nursing Colleges in general and it was suggested that a Legislative Committee has to be constituted to examine the irregularities. Accordingly, a Special House Committee was constituted as per Clause (1) of Rule 242A of Rules of Procedure and Conduct of Business in the Karnataka Legislative Council.

3. The terms of reference thereof was notified as per Publication No.42 dated 16.04.2021 issued by the Secretary, Karnataka Legislative Council, which is produced as Annexure-‘B’ to the writ petitions.

4. The terms of reference are as follows:-

1. To examine in detail any administrative errors in granting permission to Nursing and Allied Health Sciences Colleges in the year 202021 and also to examine all the Nursing and Allied Health Sciences Colleges in the State as per each District and find out any irregularities and suggest suitable remedies.

2. To examine all Nursing and Allied Health Sciences Colleges in the State in respect of their standards, infrastructure, admission of students and their attendance.

3. To examine the Rules pertaining to Affiliation of Colleges and allotment of seats.

4. To examine the Rules regarding fee fixed for students of the State and outside State students and the number of outside State students studying in Nursing and Allied Health Sciences Colleges and their attendance.

5. The Rules and Regulations prescribed by Rajiv Gandhi University of Health Science and Indian Nursing Council for opening new Nursing and Allied Health Sciences Colleges in the State and whether the same is being followed.

6. How many Nursing Colleges attached to one Medical College can be opened as per Medical Council of India Rules and whether any colleges have been opened contrary to it.

7. Whether the Nursing and Allied Health Sciences Colleges permitted to open in the year 2020-21 has necessary infrastructure, departments, teaching and non-teaching staff and also to examine how standards can be improved in all the Colleges.

8. The procedure followed in respect of the attendance of students in classes and examinations in the Nursing and Allied Health Sciences Colleges.

9. To examine reason for establishing Task Force, members of the committee and responsibilities of the committee and action of Task Force committee so far.

10. To examine the recommendations of High Power Committee under the Chairmanship of Principal Secretary to the Government for opening new colleges in the year 2020-21.

11. To examine the necessity of setting up of other Committees of the Government to re-examine the applications submitted for starting new Colleges of Nursing and Allied Health Sciences after examination by the Syndicate Committee; to examine the recommendations given by the Committee of Experts;

12. Implementation of appropriate guidelines for rectifying administrative loopholes in applications received and granting permission for starting Nursing and Allied Health Sciences Colleges:

13. To examine in detail, the administrative errors in granting permission to all the Nursing and Allied Health Sciences Colleges in the State and all the irregularities committed in the said colleges.

14. To identify the loopholes in the examination system in Nursing and Allied Health Sciences Colleges and give appropriate instructions:

15. Other matters which the Committee may wish to examine;

K R Mahalakshmi

Secretary

Karnataka Legislative Council

To the Hon’ble Members of Legislative Council.

5. Pursuant to the same, sub-committees were constituted and an order was issued in this rega