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2025 DAILYLAW 186415 (ALL)

SWARGIYA GULAB SINGH SIKSHA PRASAR SAMITI THRU. AUTHORIZED SIGN. RANJEET PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL EDUCATION DEPTT. AND 3 OTHERS

WRIC/10971/2025 · 2025-11-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10971 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Naveen Shukla, the learned counsel for the petitioner, Shri Rahul Shukla, the learned Additional Chief Standing Counsel for the State, Shri Rajiv Srivastava, the learned counsel for the respondent No.3- Indian Nursing Council and Shri Gyanendra Kumar Srivastava, the learned counsel for the respondent No.4- U.P. State Medical Faculty. 2. By means of the instant petition, the petitioner has challenged quashing of the order passed by the State Government, if any, rejecting the petitioner's request for grant of No Objection Certificate for running a diploma Course in General Nursing and Midwifery. 3. The learned counsel for the petitioner himself stated that till date the State Government has not taken any decision upon the petitioner's request for grant of No Objection Certificate and, therefore, there is no occasion to consider this prayer made in this petition. 4. The petitioner has also sought issuance of a writ of mandamus directing the U.P. State Medical Faculty to grant recognition to petitioner's institution for running the aforesaid course. 5. On 11.08.20255, the Secretary U.P. State Medical Faculty had written a letter to the petitioner stating that a spot inspection of the petitioner's institution was carried out on 12.03.2025 and the deficiencies observed during inspection were communicated to the petitioner through its letter. The deficiencies communicated were - (i) 100 bedded functional Hospital was not found as per the INC norms and (ii) CMO certificate expired (valid at the time of inspection). 6. Learned counsel for the petitioner has submitted that both the deficiencies pointed Versus Counsel for Petitioner(s) : Prafulla Tiwari, Naveen Shukla Counsel for Respondent(s) : C.S.C., Gyanendra Kumar Srivastava, Rajiv Srivastava Swargiya Gulab Singh Siksha Prasar Samiti Thru. Authorized Sign. Ranjeet Pratap Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Education Deptt. And 3 Others .....Respondent(s) out in the letter dated 11.08.2025 are not there as 100 bedded hospital is already functional as per INC norms and CMO certificate also stands renewed on 12.06.2025 and information in this regard was already sent to U.P. State Medical Faculty on 13.06.2025. 7. Obviously, this renewal of registration was made after the inspection was carried out on 12.03.2025. 8. In these circumstances, it is possible that the development taken place subsequent to inspection escaped attention of the authorities concerned. 9. In these circumstances, it would have been proper for the petitioner to bring it to the notice of the U.P. State Medical Faculty by submitting an application /representation but the same has not been done by the petitioner. 10. The letter dated 11.08.2025 specifically states that the petitioner may get a re- inspection carried out without payment of any additional fee. The petitioner has not submitted any application for re-inspection. 11. In view thereof, there is no good ground to entertain this petition at this stage, which is disposed off accordingly. 12. It would be open for the petitioner to apply for re-inspection and to submit its reply regarding alleged deficiencies pointed out through the letter dated 11.08.2025 sent by the U.P. State Medical Faculty. The U.P. State Medical Faculty shall consider the petitioner's explanation and pass appropriate order thereon expeditiously, in accordance with law. November 15, 2025 -Amit K- WRIC No. 10971 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench