APHC010102172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6003/2026 Between:

1. S AHAS EDUCATIONAL SOCIETY, REP. BY ITS SECRETARY SMT.

E.MARY PUSHPAVATHI, SC COLONY, BAKKANAPALEM, VISAKHAPATNAM.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237.

2. T HE DIRECTOR OF MEDICAL EDUCATION/ MEMBER CONVENOR, HIGH POWER COMMITTEE, OLD GOVERNMENT GENERAL HOSPITAL CAMPUS, HANUMANPET, VIJAYAWADA-520003.

3. H IGH POWER COMMITTEE, REP. BY ITS CHAIRMAN, OLD GOVERNMENT GENERAL HOSPITAL CAMPUS, HANUMANPET, VIJAYAWADA-520003.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not considering the petitioners representation dated 18.5.2025 and the No Objection Certificate issued by the Superintendent/Addl.DME, Government General Hospital, Srikakulam vide Rc.No.3080/A3/GGH/2023 dated

28.8.2023 for granting clinical training permission to the students of the petitioners proposed school of nursing in the said hospital as illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the 2nd respondent to consider the petitioners request as per the NOC issued by the GGH, Srikakulam and in the light of Para (a) of the Proviso to Regulation 4(ii) of the Indian Nursing Council (Minimum Pre- Requisites for Granting Suitability to Nursing Programs) Regulations, 2020 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 1st respondent to consider the petitioner’s representation dated 18.5.2025 for granting clinical training permission to the students of the petitioner’s proposed school of nursing in GGH, Srikakulam as per the No Objection Certificate issued by the Superintendent/Addl.DME, Government General Hospital, Srikakulam vide Rc.No.3080/A3/GGH/ 2023 dated 28.8.2023, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S):

1. GP FOR MEDICAL HEALTH FW The Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6003/2026 Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

2. The case of the petitioner herein is that the petitioner made an application to respondent No.2 for granting clinical training permission for training of the students of the petitioner institution in respect of General Nursing and Midwifery (GNM) course. For which, the petitioner also submitted a representation on 18.05.2025.

3. Learned counsel for the petitioner submits that as per Rule 4 (ii) of the Indian Nursing Council (Minimum Pre-Requisites for Granting Suitability to Nursing Programs) Regulations, 2020 (hereinafter referred as ‘Regulations, 2020’), the petitioner shall submit NOC or pre-requisite document from the eligible establishment of 100 bedded parent hospital for providing training to the students of the petitioner institution, but the said pre-requisite is exempted in respect of the institutions established at schedule tribe notified area or hill area. As per the schedule of constitution, Srikakulam of Andhra Pradesh is notified as schedule tribe area. Therefore, the petitioner is entitled for exemption of submission of pre-requisite i.e., NOC from the hundred bedded Government General Hospital. But the respondent Nos.1 and 2 did not consider and neither