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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P. KRISHNA BHAT, J.
J.P.I. Dass School Of Nursing No.18 – Appellant
Versus
State Of Karnataka Department Of Medical Education – Respondent
Writ Petition No.4980 of 2022(EDN-RES)
Decided on : 08-04-2022
Mandamus - Approval for General Nursing and Midwifery (GNM) Courses - Indian Nursing Council Act, 1947 - Section 10(2) - Karnataka State Nursing Council Bye-Laws - Bye-Law 49(1)(a) & Schedule IV - Withdrawal of Single Entry Level for Nursing Proposal - Communication No.HFW 212 RGU 2016 - Recognition and Approval Process - GNM Course
Fact of the Case:
The petitioners sought a writ of Mandamus to direct the respondents to grant approval for starting fresh courses in General Nursing and Midwifery (GNM) for the academic year 2021-22. The petitioners had applied for recognition in 2019, but no decision was taken by the respondents. The Indian Nursing Council had initially decided to phase out the GNM Course, leading to the petitioners' applications being put on hold. Subsequently, the Council withdrew the decision to phase out the GNM Course. The petitioners' applications remained pending, and a local inspection committee visited the petitioner's institution, but no final decision was made by the respondents.
Finding of the Court:
The court directed the respondents to consider the petitioners' applications filed in 2019 as if filed for the Academic Year 2021-22 and make a final decision within eight weeks, providing sufficient reasons for approval or refusal.
Issues: The main issue was the delay in considering the petitioners' applications for approval to start GNM courses, given the conflicting decisions and communications from the Indian Nursing Council and the State Government.
Ratio Decidendi: The court held that the respondents must consider and process the pending applications within eight weeks, as the applications had been filed in 2019 and had remained unaddressed due to conflicting communications and decisions.
Final Decision: The writ petition was disposed of with a direction to the respondents to consider the petitioners' applications within eight weeks and communicate the decision immediately thereafter.
ORDER :
1. The writ petition is filed seeking following reliefs:
(b) Pass such other order/s as this Hon’ble court deems fit in the facts and circumstances of this case.
2. 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.
3. The detailed narration of the facts leading to filing of this writ petition is not necessary in view of statement of objections filed on behalf of respondent No.2 and to some extent the statement of objections filed on behalf of respondent No.1. Annexure-R4 produced by the respondent No.2 issued by Indian Nursing Council dated 19.09.2019 shows that immediately after the applications seeking approval filed by the petitioners, a decision was taken by Indian Nursing Council to phase out GNM Course. A detailed reference to communication dated 19.09.2019 (Annexure-R4) issued by the Indian Nursing Council to all the Principal Secretaries (Health) of the State Governments is necessary. It reads as follows:
To:
The Principal Secretary (Health)
All State Government.
Sub: Single Entry Level for Nursing-Phasing out of GNM Programme-reg.
Dear Sir/Madam,
It is informed that Indian Nursing Council has issued the Notification for up-gradation of School of Nursing to College of Nursing vide Notification dated 28.02.2019 and 14.03.2019 as per directives received from Ministry of Health & Family Welfare through their letter No. Z28015/73/2016-N dated 5th October, 2017 to implement the National Health Policy, 2017. One of the key initiatives in the implementation framework on which action was required by Indian Nursing Council was “Single entry level for Nursing” in order to ensure the quality of Nursing Education. As a step towards the standardization of the Nursing qualification at entry level there is a need to upgrade School of Nursing to College of Nursing and have single entry level qualification as B.Sc. (N) for Nurses by redesigning the B.Sc(N) curriculum as a practical based and by phasing out the GNM program.
Keeping in view the above , the Governing Body of Indian Nursing Council has resolved in its meeting held on 02.12.2018 that the GNM Training Programme shall be phased out by 2020-21. Currently, there are approximately 3215 GNM Nursing Schools that produce 1.2 lakhs Nurses in a year which are found suitable by Indian Nursing Council as on 31.03.2018. It is therefore clarified that all the GNM Nursing Schools shall ensure that:
• Last admission year for GNM Training programme will be 2020-21 academic year.
• No admission will be made to GNM programme in 2021-22 academic years and thereafter.
• GNM students who are admitted in and prior to 2020-21 will continue their batch till they complete the programme.
In continuation to above, it is further requested that:
• The State Government/ State Nur
The main legal point established in the judgment is that the authorities must consider and process pending applications within a reasonable time, especially when conflicting decisions and communicati....
Institutions upgraded from General Nursing and Midwifery (GNM) courses to B.Sc. Nursing cannot simultaneously operate GNM courses due to regulatory compliance requirements.
An institution that upgrades from a General Nursing and Midwifery course to a B.Sc. Nursing course is prohibited from reopening the GNM course under current regulations.
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
Court directed authorities to take final decision on Nursing School recognitions within stipulated timeframe per existing laws.
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