The cancellation of a nursing school's essentiality certificate without conducting a proper inspection violates principles of natural justice and due process.

ORDER :

 E.V.VENUGOPAL, J.

The present writ petition is filed by the petitioners seeking to issue a writ of certiorari to quash the proceedings of the 1^st respondent in GOMs.No.57, dated 07.03.2025 by declaring the same as violative of principles of natural justice, arbitrary, unreasonable and without application of mind.

2. Heard Sri Vedula Srinivas, learned senior counsel representing Mrs.Vedula Chitralekha, learned counsel for the petitioners, Sri P.Sravan Kumar Goud, learned Government Pleader for Medical and Health for respondent Nos.1 and 2 and Sri Prabhakar Sripada, learned senior counsel representing Sri V.Srihari, learned counsel for the respondent Nos.3 and 4.

3. The 1st petitioner is a nursing school and the 2nd petitioner is its Secretary and Correspondent. Under Rule 38, Section 11(2)(b) of the Andhra Pradesh Nurses and Midwives (Extension and Amendment) Act, 1964, the Treasurer of Mahalaxmi School of Nursing at Flat No.103, Srinivasa Apartments, Humayun Nagar, Hyderabad was permitted to admit a maximum strength of 60 students per year for the course of nursing subject to certain conditions. Accordingly, GOMs.No.44, HM & FW Department, dated 25.01.2000 was issued. The 1^st petitioner school is being run by the said Mahalaxmi School of Nursing. Subsequently, the Registrar, Telangana Nurses, Midwives Auxiliary Nurse-Midwives, and Health Visitors Council (TGNMC) received certain complaints from the students complaining several deficiencies. Basing on the said complaints, an enquiry was conducted by the TGNMC and during the said enquiry, they found inadequate physical and clinical facilities and lack of required teaching faculty. Accordingly, TGNMC ordered to convene an Ethical Committee Meeting involving the students of the 1^st petitioner and their parents before the Principal of the 1st petitioner on 28.06.2024 but the 1st petitioner did not comply with the said order. Therefore, the TGNMC reported to the Government to cancel the essentiality certificate issued to the 1^st petitioner nursing school and also issued a final show-cause notice to the 1^st petitioner.

4. In the meantime, further complaints have been received from the students and hence, the Director of Medical Education constituted an enquiry committee to conduct a detailed enquiry. Subsequently, the Director of Medical Education submitted detailed report of enquiry committee stating that the 1^st petitioner institution is not functioning as per the Indian Nursing Council norms, collecting more fees from the students in excess of fee prescribed by TAFRC and that the 1^st petitioner institution is running with lack of essential facilities such as labs, library, running water, inadequate cots and mattresses in hostel, poorly functional kitchen and poor quality of food for students. Accordingly, a show-cause notice was issued by the Director of Medical Education to the 1^st petitioner institution calling for explanation to be submitted within 15 days of receipt of the same. Since the reply to the above show-cause notice was not forthcoming, the Director of Medical Education issued the time bound GNM admission notification without including the 1st petitioner institution in GNM admission notification for 2024-25 academic year due to the above lapses recorded by TGNMC and requested the Government to cancel the essentiality certificate issued to the 1^st petitioner with immediate effect while proposing to adjust the existing students to other schools of nursing. In that view of the matter, the 1^st petitioner filed WP No.28599 of 2024 wherein as per order dated 19.11.2024 the High Court directed the respondent authorities to thoroughly inspect the institution with regard to standards and norms for students and parents and pass appropriate orders in accordance with law. Accordingly, an inspection was conducted afresh by TGNMC on 20.01.2025. However, the inspection team was not allowed to inspect the premises of the institution. However, the said inspection team reported tha