APHC010321742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16053/2025 Between: 1. SRI VENKATESWARA COLLEGE OF NURSING, REP BY ITS CORRESPONDENT SRI. RAVURI VENKATASWAMY SRINIVAS RVS NAGAR, TIRUPATHI ROAD, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHEF SECRETARY/ TO GOVERNMENT HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, C-2 DEPARTMENT TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH. 2. DR NTR UNIVERSITY OF HEALTH SCIENCES, REP BY ITS REGISTRAR ELURU ROAD, GUNADALA, VIJAYAWADA-520002 3. ANDHRA PRADESH NURSES MIDWIVES AUXILIARY NURSEMIDWIVES AND HEALTH VISITORS COUNCIL, REP BY ITS REGISTRAR OLD GOVERNMENT HOSPITAL HANUMAN PET, VIJAYAWADA - 520002. 4. INDIAN NURSING COUNCIL, REP BY ITS SECRETARY 8TH FLOOR, NBCC CENTRE, PLOT NO.2 COMMUNITY CENTRE OKHALA, NEW DELHI-110020. ...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 to issue an appropriate writ more in 2 the nature of Writ of Mandamus declaring the action of the Respondents, more particularly, the 2nd Respondent University in withholding the Hall Tickets for want of Government order from the Government of Andhra Pradesh, in respect of the students that came from Nepal in order to take part in the Nursing examinations scheduled to commence from 02.07.2025 on hyper-technical and unjustified grounds, despite having received the communication from the 4th Respondent which is the apex body, as being arbitrary, illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India besides being in contravention of the guidelines notified by the 4th Respondent Indian Nursing Council, New Delhi and consequently direct the Respondents 2 and 3 to permit the students (5 in number) of the Petitioner institution to pursue the nursing course without any objections in future and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. A SRINATH 2. GP FOR MEDICAL HEALTH FW 3. Tata Venkata Sridevi, Standing Counsel For Dr.NTR University of Health Sciences The Court made the following: 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….declaring the action of the Respondents, more particularly, the 2nd Respondent University in withholding the Hall Tickets for want of Government Order from the Government of Andhra Pradesh, in respect of the students that came from Nepal in order to take part in the Nursing examinations scheduled to commence from 02.07.2025 on hyper-technical and unjustified grounds, despite having received the communication from the 4th Respondent which is the Apex Body, as being arbitrary, illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India besides being in contravention of the guidelines notified by the 4th Respondent Indian Nursing Council, New Delhi and consequently, direct the Respondents 2 and 3 to permit the students (5 in number) of the petitioner institution to pursue the nursing course without any objections in future and issue such other writ or order or direction as deemed fit and proper in the circumstances of case..” 2. Case of the petitioner is that the petitioner-institution has been admitting students into the nursing courses from within the State, across the country, as well as students from foreign countries from all over the world. As per INC Regulations, the petitioner institution is attached to a 200 bedded hospital and is entitled to admit foreign students up to 10% of the intake capacity, which amounts to 10 seats. In the present academic 4 year, the petitioner-institution admitted only 5 overseas students, which is below the prescribed limit as per the norms. Till Academic Year 2023-24, students from other countries pursued nursing course from the petitioner-institution and such admissions were duly certified by 4th respondent. Correspondingly, relevant certificates were issued by 2nd respondent University to the respective students. For the present Academic Year 2025-26, 2nd respondent-Registrar raised an objection with regard to admission of students into the petitioner institution and sought clarification of governing rule position. Pursuant to such objection, the petitioner-institution approached 4th respondent-Nursing Council seeking clarification for submission to 2nd respondent. In response, 4th respondent issued clarification vide letter dated 17.06.2025. 3rd respondent-Nursing Council has categorically clarified the rule position vis-à-vis the regulations and opined that there is no bar for admitting the overseas students into the petitioner-institution under supernumerary quota up to 25% of total intake capacity. 3. It is further submitted that 2nd respondent, at belated stage, started insisting upon issuance of Order from the Government (G.O) from the Government, despite being fully aware of the fact that the examinations are going to commence from 2nd July, 2025 5 as per the schedule issued by the University. In that connection, hall tickets have already been issued to all the candidates so as to enable them to appear for the said examinations, except the students from Nepal who are pursuing their nursing course in the petitioner-institution. It is further stated that the said students from Nepal were not allowed to appear in the examinations solely on the ground that the requisite Equivalent Certificates had not been uploaded. 4. Leaned counsel for the petitioner-institution submits that Equivalent Certificates had already been loaded earlier by management, however, the same were not accepted by 2nd respondent. He further submits that the petitioner-institution may be permitted to submit the requisite certificates before 2nd respondent-University. 5. In the aforesaid facts and circumstances, the petitioner- institution is permitted to submit relevant certificates along with application to 2nd respondent-University. Upon such submission, 2nd respondent-University is directed to verify the same and ratify the admissions in accordance with the applicable APNMC Regulations, within a period of two (02) weeks from the date of receipt of such application. 6 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:21.11.2025 ARB 7 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.16053 of 2025 Date:21.11.2025 ARB