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 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 thereby declining admissions into the Petitioner’s Nursing School as being illegal and the proceedings of the 3rd Respondent bearing Letter No.TSNMC/GNM/5130/2022, dt. 15.09.2022 insisting for Registered Lease Deed of the premises for a period of 30 years declaring the same to be 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 institute has been established in Hyderabad after obtaining due permission by the Government of Andhra Pradesh in the year 1993 vide orders G.O.Ms.No.No.25, dated 22.01.1993.

(b) The 3rd respondent had issued a notice vide LR No.TSNMC/GNM/5130/2022 dated 15.09.2022 to the petitioner asking to produce a certified copy of the notarised lease deed. Upon producing the lease deed, the 3rd respondent had been insisting that the 30-year lease deed should be a registered lease deed, which is illegal and improbable.

(c) While the matter was pending with the 3rd respondent, the 2nd respondent had issued a 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 lease 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 been ignored by the 3rd respondent.

(f) 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.

(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 course and the action of the 3rd respondent is be