JUDGMENT :

1.1 Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No. 14787/2021, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

1.2. The prayer clauses read as under:-

“It is therefore, respectfully prayed that this writ petition may kindly be allowed by calling record of case and by an appropriate writ, order or direction:-

(a) The record of the case may be called for.

(b) The respondents may be directed to allow the petitioner institution to admit 60 students in GNM Course in consonance with the permissions accorded.

(c) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counselling for the academic session 2021-22 in GNM Course with intake capacity of 60 students.

(d) The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counselling with intake capacity of 60 seats.

(e) The respondent authorities may further be directed to accept the fees for enhanced intake capacity of seats.

(f) Cost of litigation and damages may also be allowed in favour of the petitioner.

(g) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

1.3. In the present adjudication, this Court is dealing with the matter pertaining to B.Sc. (Nursing) Course, G.N.M. Course, Post Basic B.Sc. (Nursing) Course and M.Sc (Nursing) Course for the academic sessions 2020-21, 2021-22 & 2022-23.

2. As the pleaded facts would reveal, the State Government established the various nursing training institutions. Furthermore, with a view to effectively meet the ever increasing demand of trained nursing personnel in the medical field, a provision was made, in accordance with the Indian Nursing Council Act, 1947 (hereinafter referred to as ‘Act of 1947’), to permit establishment of private Nursing Training Institutions, subject to fulfillment of certain criteria.

2.1. The petitioner-institution filed an application for issuance of No Objection Certificate (NOC) for opening new GNM Nursing College with intake capacity of 30 seats and the same was duly issued by the State Government on 30.01.2006.

2.2. In pursuance of such NOC, the petitioner-institution applied before the respondent-Indian Nursing Council (INC) for grant of recognition for undertaking GNM Course. The respondent-INC vide order dated 25.05.2006 granted permission to the petitioner-institution for conducting the said Course with intake capacity of 30 seats.

2.3. Thereafter, the State Government issued an order on 31.01.2008, wherein the intake capacity of the petitioner-institution has been ordered to be enhanced from 30 seats to 60 seats for the GNM Course. Thereafter, the respondent-INC conducted the inspection of the petitioner-institution on 06.09.2010 and the respondent-INC vide order 30.09.2010 permitted the petitioner-institution to conduct the Course in question with intake capacity of 40 seats subject to the approval of State Nursing Council for the academic session 2010-11.

2.4. The respondent-INC, in furtherance, in regard to the academic sessions 2016-17, 2017-18 & 2018-19, vide orders dated 12.07.2016, 15.09.2017 & 13.05.2019, respectively, granted permission to the petitioner-institution to conduct the Course in question with intake capacity of 40 seats. Thereafter, the State Government issued a list of institutions for admission of students in Course in question for the academic session 2020-21