JUDGMENT :

Heard the Learned Counsel for the Petitioner and the Learned counsel for the Respondent.

2. This Writ Petition is filed to issue a Writ of Mandamus to declare the action of Respondents No.2 in declining admissions into General Nursing and Mid-Wifery three years course for the academic year 2022-23 to the petitioner is arbitrary, illegal and against the principles of Natural Justice, consequently direct respondent No.2 to permit admission into General Nursing and MidWifery course by extending the time stipulated in notifications vide Rc.No.34792/N1/2022, dated 01.10.2022 and 16.11.2022 in the online portal of Respondent No.2 to complete the process of registration for admissions for the academic year 2022-23 and complete the process admission into the petitioners institute i.e., Nightingale School of Nursing by a reasonable time.

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

a) Petitioner No.1 society is established under the Public Societies Registration Act vide Registration No.1725 of 2003 dated 25.11.2003 for imparting education and mostly to cater to the needs of girls hailing from Scheduled Caste and Tribe Communities.

b) Government vide G.O.Ms.No.313, HM & FW (M2) Dept., dated 16.08.1997 had laid down certain policies for admission into General Nursing and Midwifery three year course and according to the said circular, 50% of total seats are set apart as “Free” and the remaining 50% are “Management Seats”.

c. The Respondent No.2 issued a Notification vide RC.No.34792/N1/2022 dated 01.10.2022 for Admission into General Nursing and MidWifery three-year course for the academic year 2022-23 inviting students to opt for online registrations.

d) Name of the Petitioners institute without any prior intimation had been omitted from the list of institutes to effect admission for the academic year 2022-23 in the notification dated 01.10.2022.

e) Respondent No.3 issued notice dated 16.04.2021 to the petitioner and the petitioner with all the relevant documents had replied on 17.05.2021 to respondent no.3. Respondent no.3 had issued another notice dated 11.08.2021 alleging that a part of the property was let out to a third party.

f) Petitioner replied stating that the lease was never acted upon and was even cancelled by a notice dated 31.07.2019 and a surrender of lease was executed duly cancelling the lease and upon being satisfied, respondent no.2&3 permitted the petitioner institute admissions for the year 2021-22.

g) Respondent No.3 issued another notice vide TSNMC/GNM/5130/2022 dated 15.09.2022 alleging that the physical infrastructure is not provided as per the norms and directed the petitioner to appear before the committee on 30.09.2022. The petitioner had appeared before the committee on the said date and made their submissions.

h) Further, petitioner even submitted an explanation to Respondent no.3 on 25.10.2022 stating the additional 2 (Two) Floors were under construction but were inadvertently mentioned as Constructed and expressed regret.

i) Respondent no. 2 & 3 did not consider bonafide endorsement of Minister for Medical and Health to do the needful for admission of 60 prospective students into the petitioners’ institute. The petitioners’ institute is a non profit organization and solely depends on the fee paid by the students and if the time for online admission is not extended then the petitioner institute would be adversely affected.

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

a) The Petitioner has suppressed the fact about the earlier case filed before the High Court and has approached with unclean hands.

b) The Telangana Nurses, Midwives, Auxiliary Nurse – Midwives and Health Visitors Council is an Autonomous and statutory body to regulate not only the Registrations of Health Visitors but also maintaining uniform standards in Nursing Education and that the 2nd Respondent is the ‘president’ of The Telangana Nurses, Midwives, Auxiliary Nurse – Midwives and Health Visitors Council.

c) Under section