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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ J
Karnataka State Private Management Association of Health Institutions – Appellant
Versus
State of Karnataka – Respondent
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 circumstance
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 NCTE Act grants exclusive authority to the NCTE for recognition and de-recognition of educational institutions, limiting the State's role to a formal approval process.
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....
Recognition of nursing qualifications granted by state nursing councils is mandated by the Indian Nursing Council Act, thus making state-level recognition valid for practice across the country.
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
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 main legal point established in the judgment is the limitation of the Indian Nursing Council's power to recognize nursing institutions and the importance of compliance with standards and coordina....
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