APHC010529702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1099 of 2025 Bench Sr.No:-1 [3552] Global College Of Nursing ...Appellant Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Appellant: Mr. N. Subba Rao, Senior Counsel, appearing vice Mr. Vijay Mathukumilli Advocate for Respondents: GP for Medical and Health CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 3rd November 2025 Per DHIRAJ SINGH THAKUR, CJ: The present writ appeal has been preferred against the judgment and order, dated 21.04.2025, passed in W.P. No.15210 of 2024. 2. The petitioner intended to set up a college of nursing. An Essentiality Certificate from the State Government is a pre-requisite for setting up of such a nursing college, which, according to the prescribed guidelines, requires that the applicant has a parent hospital for a nursing institution having the same Trust, which established the nursing institution as well as the hospital. 3. The representation for grant of Essentiality Certificate was considered by the High Power Committee of the Government of Andhra Pradesh, which 2 HCJ & CGR, J W.A. No:1099 of 2025 considered the inspection report prepared by the District Level Committee in which it was reported that there was adequate infrastructure, clinical material, teaching faculty and recommended for sanction of 60 seats in the nursing college. However, the High Power Committee considered yet another report of the Director of Medical Health, dated 03.04.2024, with regard to the clinical affiliation and NOC as per which it was reported that the petitioner had no parent hospital for clinical attachments. The High Power Committee, accordingly, rejected the case for grant of Essentiality Certificate in terms of the regulations of the Indian Nursing Council (Minimum Pre-Requisites for Granting Suitability to Nursing Programs) Regulations, 2020. As per clause 5 thereof, a hundred bedded parent hospital was the minimum pre-requisite for granting the Essentiality Certificate. The case of the petitioner was, accordingly, rejected. 4. The case of the appellant is that the Superintendent of District Hospital, Markapur, expressed his no objection to impart clinical training for B.Sc (Nursing) students of the proposed college of nursing under the management of the Islamic Educational and Cultural Society at District Hospital, Markapur, subject to the said society obtaining permission from the Government. 5. It appears that the Director of Medical Education, by virtue of its order, dated 07.01.2022, based upon the recommendations made by the Medical Superintendent, had accorded permission to the Islamic Educational and 3 HCJ & CGR, J W.A. No:1099 of 2025 Cultural Society for clinical training/affiliation of the college with the District Hospital, Markapur. 6. The issue that arises for consideration is whether such permission, dated 07.01.2022, as was granted by the Director of Medical Education solely on the basis of the NOC issued by the Medical Superintendent, would suffice. 7. The learned single Judge, however, held that the proceedings, dated 07.01.2022, issued by the Director of Medical Education was not in accordance with the instructions of the Government inasmuch as it was only the Director of Medical Education, who would be competent to issue such an order and not the District Superintendent, while in the instant case, it was the Medical Superintendent’s order that had been made the basis for grant of permission by the Director of Medical Education. 8. Having heard the parties, we are of the opinion that what was most important for getting Essentiality Certificate to set up a nursing college was the requirement of a parent hospital, which was conspicuously missing in the instant case. The Nursing Regulations of 2020 do not at all envisage a situation where a Government hospital could be permitted to function as a parent hospital simply by granting affiliation as was sought in the present case through the scheme of G.O.Ms.No.7, dated 29.01.2021. If a parent hospital is the essential requirement for setting up of a nursing college as per the Regulations of 2020, then the regulations ought to be followed in their letter 4 HCJ & CGR, J W.A. No:1099 of 2025 and spirit. Absent the existence of a parent hospital, no Essentiality Certificate could have been issued in favour of the appellant. We find no merit in the present writ appeal, which is, accordingly, dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J akn 5 HCJ & CGR, J W.A. No:1099 of 2025 HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Appeal No:1099 of 2025 DATE : 03.11.2025 AKN 202