Point of Law: 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.

ORDER :

1. Heard learned senior counsel Sri K. Ananta Rao for the Petitioner and learned Government Pleader for Medical Health and Family Welfare on behalf of the Respondents.

2. The main prayer sought for by the Petitioner is as follows:

“To issue a Writ of Mandamus, declaring the action of the 2nd and 3rd respondents in not including the petitioner school of Nursing in the list of Nursing Schools for admissions into the general nursing and midwifery training course issued in R.C. No. 34792/N1/2022 dated 01.10.2022 and the order extending the time for admissions issued in R.C. No. 34792/N1/2022 dated 15.10.2022 as being without jurisdiction and even though the petitioner has valid permission of the government for running the school is arbitrary, illegal and untenable in law and consequently direct the 2nd and 3rd respondents to allow the school to function normally and allow the school to take admissions of students for general nursing and midwifery training course for the academic year 2022-2023 and by setting aside the action of the 2nd respondent in not including the petitioner Nursing School in the list bearing R.C. No. 34792/N1/2022 dated 01.10.2022 and the order extending the time for admissions issued in R.C. No. 34792/N1/2022 dated 15.10.2022 declaring the same to be without jurisdiction.”

3. The case of the petitioner, in brief, is as follows:

(a) The petitioner institute has been established in Hyderabad after obtaining due permission by the Government of Andhra Pradesh in the year 2004 vide orders G.O.Ms. No. 579 Health Medical and Family Welfare (K1) Department dated 13.12.2004.

(b) The 3rd respondent had issued a notice vide LR No. TSNMC/GNM/3043/2021 dated 29.09.2021 to the petitioner asking to produce a certified copy of the registered lease deed. Upon producing the sale deed, the 3rd respondent had been insisting that the 30-year lease deed should be a registered sale deed, which is illegal and improbable and illegal.

(c) The 2nd respondent had issued a admission notification vide RC No. 34792/N1/2022 dated 01.10.2022, notifying the Nursing Schools in which admission could be obtained by the students seeking admission into GNM Course.

(d) In the eligible list of Nursing Schools in the said notification, the name of the petitioner school had not been mentioned and upon enquiry with the 3rd respondent, it had been orally communicated that since the petitioner school had failed to produce the registered sale deed from the owner of the school premises, the name of the petitioner’s school had not been mentioned and is not eligible to take fresh batch of students for the academic year 2022-2023 in the said Notification i.e. RC No. 34792/N1/2022 dated 01.10.2022.

(e) The petitioner after issuance of the said notification, had made repeated representations requesting the 3rd respondent to include the name of the petitioner school in the list of eligible school’s to take fresh batch of students for the academic year 2022-2023 but the same had not been ignored completely ignored by the 3rd respondent.

(f) Neither the Government not the Indian Nursing Council had stipulated that the schools running in the rented premises should have a registered lease deed for a period of 30 years and the action of the 3rd respondent in not including the petitioner’s school for admission into the GNM course is illegal.

(g) Indian Nursing Council is a body which regulates the syllabus and methodology of teaching nursing courses for the schools established throughout the country. Indian Nursing Council does not have the authority to grant recognitions to the institutes imparting Nursing courses and the same has been held by the Karnataka High Court in a batch of cases.

(h) The State Council has no authority to say that a 30 years registered lease deed is required for inclusion of a school in the list of institutions for taking admissions into GNM