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2009 Supreme(Mad) 5689
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
Nightingale Institute of Nursing Education, Rep. By its Chairman, S. Manoharan,
Versus
The Registrar, The Tamil Nadu Dr. M.G.R. Medical University, Chennai & Others
W.P.No.17117 of 2009 & M.P.No.1 of 2009
Decided on : 18-12-2009
For the Petitioner:S. Kanmani Annamalai, Advocate.
For the Respondents:R1, AR.L. Sundaresan, SC for A.L. Gandhimathi, Advocate, M.C. R3, Manibharathi, GA.
The central legal point established in the judgment is that the University's requirement for prior permission from the State Government for starting additional courses was not supported by the relevant legal provisions and was deemed unwarranted by the court.
Headnote:
Nursing Education - Affiliation - Tamil Nadu Dr.M.G.R. Medical University (Affiliation of Nursing Colleges for Trained Nurses) Statutes - 6, Indian Nursing Council guidelines - Starting additional courses without prior permission from State Government - Legal provisions not requiring prior permission for additional courses - Court sets aside impugned order and directs consideration of affiliation request within four weeks
Fact of the Case:
The petitioner, an Institute for Nursing Education, challenged an order of the Tamil Nadu Dr. M.G.R. Medical University, which denied affiliation for conducting Post Basic B.Sc.(Nursing) without prior permission from the State Government. The petitioner had obtained necessary permissions and exemptions from the Indian Nursing Council for starting the course.
Finding of the Court:
The court found that the University's requirement for prior permission from the State Government for starting additional courses was unwarranted and uncalled for, as it was not a legal requirement under the relevant statutes and guidelines. The impugned order was set aside, and the University was directed to consider the petitioner's request for affiliation within four weeks.
Issues: The main issue was whether the University's insistence on prior permission from the State Government for starting additional courses was legally justified.
Ratio Decidendi: The court held that the relevant statutes and guidelines did not require prior permission from the State Government for starting additional courses, and the University's insistence on such permission was unwarranted. The court also emphasized that the absence of a specific condition by the State Legislature made the requirement unnecessary.
Final Decision: The writ petition was allowed, and the impugned order was set aside. The University was directed to consider the petitioner's request for affiliation within four weeks.
Order:
Heard both sides. The petitioner is an Institute for Nursing Education represented by its Chairman. The petitioner has filed the present writ petition, challenging an order of the first respondent, i.e. The Tamil Nadu Dr. M.G.R. Medical University, dated 18. 2009 and after setting aside the same, seeks for the grant of affiliation to the petitioner institution for conducting Post Basic B.Sc.(Nursing) for the academic year 2009-2010 without insisting for prior permission from the State Government.
2. By the impugned order, the petitioner institution was informed by the first respondent that in terms of the Affiliation of Nursing Colleges for Trained Nurses Statutes of the first respondent University, prior permission of the State Government is mandatory to start B.Sc.(Nursing) course for Trained Nurses Degree course. Therefore, the petitioner was directed to approach the State Government for getting prior permission.
3. It is the case of the petitioner that the State Government had granted permission for starting the Nursing College. Based on that, the Indian Nursing Council, New Delhi (second respondent), by an order, dated 30.5.2008 granted permission. The first respondent University by a further order dated 7. 2008 granted provisional affiliation to the petitioner to start the first year B.Sc (Nursing) course from the academic year 2008-2009. In accordance with the said permission the petitioner had commenced its course and had successfully completed the first year. It is now conducting the second year course for the first batch. The second respondent Indian Nursing Council had also granted an appropriate certificate, dated 18. 2008 for running B.Sc (Nursing) course. The second respondent had also exempted and relaxed certain earlier conditions for obtaining No Objection Certificate and Essentiality certificate from the respective State if the institution was already recognized for conducting B.Sc (Nursing) course vide its circular dated 12. 2009.
4. Based on the guidelines issued by the second respondent Indian Nursing Council, the petitioner applied for starting an additional course of Post Basic B.Sc (Nursing) to the second respondent. The second respondent, after scrutinizing the application and after making necessary inspection with reference to the infrastructure facilities, permitted the petitioner to start P.B.B.Sc (Nursing) programme with an intake of 30 students for the academic year 2009-2010 vide its communication, dated 7. 2009. It was thereafter, permission/suitability letter was obtained from the second respondent.
.5. They made an application to the first respondent University for the grant of affiliation
.for the said additional course. But the first respondent without any justification denied the grant of affiliation on the ground that the petitioner must once again seek for prior permission from the State Government even to start additional courses. There is no such rule or condition for getting prior permission for starting the additional course. Under the relevant Rule No.51 for starting an additional course, only two conditions were stipulated, i.e. an applicant should own and possess not less than two acres of land and that they should deposit a sum of Rs.5 lakhs towards security deposit.
6. It is the case of the petitioner that they are already having necessary lands and they have also deposited amounts on 30.6.2008 at the time of starting B.Sc.(Nursing) course. If any additional deposit was required, they are also willing to deposit the same. It is stated that the petitioner institution has got Governments permission vide G.O.Ms.No.23, Health & Family Welfare Department, dated 24.01.2008 for starting their B.Sc.(Nursing) course. There is no further requirement to get a fresh permission each time when additional courses are started.
.7. Notice was directed to be served on the respondents. On notice from this court, the first respondent University has filed a counter affidavit,
