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 institutions.

ORDER :

1. The Petitioners in W.P. No.32106/2024 is before this court seeking for the following reliefs:

a) Issue an order or direction or writ in the nature of mandamus restraining the Respondent No.1 from conducting inspection in the institution of the members Petitioners.

b) Issue an order or direction or writ in the nature of mandamus quashing Annexure-A order issued by Respondent No.1.

c) Grant such other relief that this Hon’ble court may deem fit in the facts and circumstances of the case.

2. The Petitioners in W.P. No.32185/2024 is before this court seeking for the following reliefs:

a) Issue appropriate writ, order or direction in the nature of writ of certiorari quashing the impugned communication dated 5.11.2024 bearing Ref No.AA.Sa.Pa.Sum: MD 555 MSF 2024, issued by Respondent No.1 produced herewith as ANNEXURE-B.

b) Declare that the Deputy Commissioner and the committees constituted under his guidance and supervision is not competent to inspect the Nursing Institutions as the same is in violation of the statutory enactments namely the RGUHS Act and the Indian NURSING COUNCIL ACT .

c) Grant such other relief’s as this Hon’ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity.

Facts in WP 32185/2024

3. The above petition has been filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institutions, which is a registered body comprising of the Management of Nursing and Allied Health Science Institutions. The above petition has been filed espousing the cause of Nursing Institutions in the State of Karnataka. The Petitioners claim to be aggrieved by a communication dated 5-11-2024, addressed by the Principal Secretary, Family and Welfare Department, to Respondent No.1-Deputy Commissioner, Bangalore Urban District, [not made a party] directing inspection of through the Deputy Commissioner of the respective districts where the Nursing Institutions are situated, enclosing the list of Nursing subject experts and list of Nursing Institutions to be inspected. Such communication is also stated to have been issued to the Deputy Commissioners of all the districts in the State of Karnataka.

4. Sri.T.Krishna, learned Counsel for the Petitioners, would submit that:

4.1. In a meeting held on 2-9-2024 by the Hon’ble Minister of Medical Education to verify the standards of Nursing education and the infrastructure of Nursing Institutions, the Hon’ble Minister was of the opinion that inspection of Nursing Institutions would have to be carried out through the Deputy Commissioners to ascertain if all the requirements and the relevant laws have been complied with or not.

4.2. The Deputy Commissioner does not have any wherewithal; he does not know the intricacies and nuances of the functioning of Nursing Institutions, and as such, he would not be a competent person to carry out such inspections even with the assistance of Nursing experts as indicated in the said letter. He submits that there are specialised agencies which have been established for such purposes. All Nursing colleges and allied Health Sciences Institutions and schools are started after obtaining requisite permission from the concerned State government. Affiliation is granted by the state Nursing council and thereafter the University within whose jurisdiction the Institution is located in the State of Karnataka by the Rajiv Gandhi University of Health Sciences [‘RGUHS for brevity].

4.3. He submits that there are periodic inspections conducted by the specialised institutions like the RGUHS, the Karnataka State Nursing Council