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M. I. ARUN
Hyderabad Karnataka Nursing Management Association Office At HIG-14, Shanthi Nagar MSK Mill Road, Kalaburagi-585103 Represented By Its General Secretary Dr. Jeesh – Appellant
Versus
Chairman Karnataka Legislative Council Vidhana Soudha, Dr Ambedkar Veedhi Benglauru – Respondent
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:-
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 governm....
Legislative committees have specific powers and functions as defined by law and are not vested with adjudicatory jurisdiction.
The court ruled that inspections of nursing institutions must be conducted by specialized regulatory bodies, not by Deputy Commissioners, upholding the statutory frameworks governing these institutio....
The State Government lacks authority to conduct inspections of Pharmacy institutions, which is expressly reserved for the Pharmacy Council of India under the Pharmacy Act, 1948.
The main legal principle established in the judgment is that the State Government cannot impose additional conditions for grant of 'No Objection Certificate' that are in conflict with the regulations....
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
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