2025:BHC-NAG:4479-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION No. 1476 OF 2021 PETITIONER : Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, Samta Nagar, Wardha, Tq. & Distt. Wardha, through its Main Trustee Amol Ajay Shrivastav Vs.

RESPONDENTS : 1. The State of Maharashtra, Through Principal Secretary, Medical Education and Drugs Department, 9^th Floor, G.T. Hospital Sankul, Lokmanya Tilak Marg, Mumbai – 440001

2. The Maharashtra State Board of Nursing and Para Medical Education, through its Registrar, 4^th Floor, St. George’s Hospital Compound, P. D’Melo Road, Near CSMT, Mumbai –

440001, Email : info@msbnpe.org

3. Shalom Nursing School (Ashray Gram Vikas Sanstha) through its Principal Vrushali Maiskar, Wardha WITH WRIT PETITION No. 5477 OF 2021 PETITIONER : Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, Samta Nagar, Wardha, Tq. & Distt. Wardha, through its Main Trustee Amol Ajay Shrivastav Vs.

RESPONDENTS : 1. The State of Maharashtra, Through Principal Secretary, Medical Education and Drugs Department, 9^th Floor, G.T. Hospital Sankul, Lokmanya Tilak Marg, Mumbai – 440001

2. The Maharashtra State Board of Nursing and Para Medical Education, through its Registrar, 4^th Floor, St. George’s Hospital Compound, P. D’Melo Road, Near CSMT, Mumbai –

440001, Email : info@msbnpe.org

3. Shalom Nursing School (Ashray Gram Vikas Sanstha) through its Principal Vrushali Maiskar, Wardha Mr. Amit Choube, Advocate for petitioner.

Mr. Akshay Naik Senior Advocate with Ms.Kalyani Marpakwar, Assistant Government Pleader for respondent No.1.

Mr. T.S. Kene, Advocate for respondent No.2.

Mr. Madhur Deo, Advocate for respondent No.3.

Mr. V.A. Dahiwale, Advocate for Intervenor CORAM :AVINASH G. GHAROTE, AND ABHAY J. MANTRI, JJ. DATE : 24/04/2025 ORAL JUDGMENT (Per : AVINASH G. GHAROTE, J.)

1. Heard.

2. Rule. Rule made returnable forthwith. Heard Mr. Amit Choube, learned counsel for the petitioner, Mr.Naik, Senior Counsel with Ms.Kalyani Marpakwar Assistant Government Pleader for respondent No.1, Mr. Kene learned counsel for respondent No.2. Mr.Madhur Deo, learned counsel for respondent No.3.

3. The petitioner is an institution, which had applied for starting a new General Nursing and Midwifery Course (GNM Course for short hereinafter) on account of which it had made an application on 28/08/2018 to the respondent No.2 Board for grant of permission to start the aforesaid course at Wardha. The perspective plan for the year 2018-2023 (page 62) had approved, the requirement of starting new GNM Course College at Wardha on account of deficiency in respect of the same and the area being a backward area (page 64). The Board/respondent No.2 upon receipt of the application was required to conduct an inspection, however, as inspection of the petitioner institution, was not done, the petitioner preferred Writ Petition No.6327/2019 before this Court in which by an order dated 16/09/2019 a direction was issued to respondent No.2 to conduct inspection and submit a report to this Court. After receipt of the report this Court disposed off Writ Petition No.6327/2019 by directing respondent No.2 to forward a proposal together with the inspection report to the respondent No.1, who was also directed to decide the proposal on or before 31/10/2019. On 31/12/2019, the respondent No.1 conducted scrutiny of the proposal and rejected it leading to the petitioner filing Writ Petition No.110/2020 before this Court in which by judgment dated 23/09/2020 the order of rejection dated 31/12/2019 came to be quashed and matter was remitted back to the respondents, to consider the proposal of the petitioner, to start GNM Course from the year 2020-2021 on its own merits. The petitioner was expecting completion of the entire process before start of the academic year 2020-2021, however, it received communication dated 12/01/2021 (page 105) from the respondent No.2 intimating to the petitioner that an inspection was to be carried out by the petitioner institution