ORDER :

Heard learned senior counsel Sri K. Ananta Rao for the Petitioner, learned Government Pleader for Medical Health and Family Welfare appearing on behalf of Respondents 1 and 2 and Sri V. Srihari, learned standing counsel for respondent No.3.

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

“to issue a writ, order or direction more in the nature of Writ of Mandamus by 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, without including the Petitioner’s School even though the premises in which the Petitioner’s School is being run is not a rented premises and therefore, the 3rd Respondent cannot insist upon the Petitioner’s School to produce a Registered Lease Deed of the School premises especially when the Petitioner’s School 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 by allowing the School to take admissions of students for general nursing and midwifery training course for the academic year 2022-2023 by declaring the action of the 3rd Respondent in not including the Petitioner’s School as being without jurisdiction and illegal and opposed to the principles of natural justice.

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

(a) The petitioner school was established by Sravanthi Educational Society in Hyderabad after due permission obtained from the Government in the year 2005.

(b) Originally the school of nursing was started for imparting education in General Nursing and Midwifery course in the year 2005.

(c) The 2nd respondent has issued a notification for admission of students in various nursing schools by his proceedings R.C.No.34792/N1/2022, dated 01.10.2022.

(d) Neither the Government nor 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, on the said ground.

(e) 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.

(f) 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 course and the action of the 3rd respondent is beyond the jurisdiction and illegal.

(g) The G.O.Ms.No.25, dated 22.01.1993, which had granted the petitioner school to impart education does not mention about getting prior permission from the Government. Fresh conditions could not be rubbed on the petitioner school decades later and deny the admission of students into the petitioner school. Hence the Writ Petition.

4. The case of the respondents, in brief, is as follows :

(a) The Writ Petition is not maintainable as there is a effective remedy available to the Writ Petitioner under Rule 9 of TSNMC Act II of 1926.

(b) The Petitioner had attempted to misrepresent to statutory authorities and also to the Court and submitted a photo copy of a Notarised Lease Deed dated 08.07.2021 allegedly executed by one Mr. Mohammed Yousuf, S/o. Mohammed Moulana in favour of Petitioner’s Society and that the Government had accorded permission vide G.O.Ms.No.No.589, Health Medical and Family Welfare (K2) Department dated 13.12.2004 to establish Petitioner’s School on certain