N • N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15210 OF 2024 Between: Global College of Nursing, Darimadugu Village, Markapur Mandal, Prakasam District, Rep. by its Secretary AND Correspondent, Shaik Mahammad Rafi, S/o.Shaik Baban Saheb, Aged 45years, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Health Medical and Family Welfare Dept., Secretariat Buildings, Velagapudi, Guntur Dist. 2. The Chairman, High Power Committee, O/o. Medical Education, Old Government General Hospital, Hanuman pet, Vijayawada, A.P. 3. The Director of Medical Education AND Member Convener High Power Committee, Hanuman pet, Vijayawada, A.P ...Respondents 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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents not recommended to the 1st respondent for grant Essentiality Certificate to the petitioner Nursing College, even though the District Level Team recommended the petitioner Nursing College with annual intake of 60 seats is violation of Articles 14,19 and 21 of Constitution of India and violation of principles of Natural Justice Consequently to direct the 2 AND 3 respondents Forthwith recommend to the 1ST respondent to issue Essentiality Certificate to the petitioner Nursing College, the 1ST respondent grant Essentiality certificate to the petitioner Nursing College for running the B.sc.,(Nursing) course for the academic year 2024-2025by Set-aside the proceedings Rc.No.356/HPC/NE2022 dated 15-4-2024. lA NO: 1 OF 2024 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 to Set-aside the proceedings Rc.No.356/HPC/NE2022 dated 15-4- 2024, direct the 2&3 respondents recommend to the 1ST respondent for issuance of Essentiality Certificate to the petitioner Nursing College, the 1 respondent grant Essentiality certificate to the petitioner Nursing College for running the B.sc.,(Nursing) course for the academic year 2024-2025. St Counsel for the Petitioner: M/S Y ANUPAMA DEVI Counsel for the Respondents: GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following order: pr 1 €« APHC010302082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15210/2024 Between: Global College Of Nursing ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.Y ANUPAMADEVI Counsel for the Respondent(S): 1.GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following: ORDER:- Heard Ms. Y.Anupama Devi, learned counsel for the petitioner and learned Government Pleader for Medical Health and Family Welfare appearing for the respondents. 2 2. The writ petition is filed challenging the action of the respondents, in not granting the Essentiality Certificate despite the District Level Committee’s recommendation. 3. The petitioner contends that pursuant to the application for grant of certificate for establishing a Nursing School, the District Level Committee had inspected the premises and submitted its report stating that the petitioner has sufficient infrastructure, teaching faculty and clinical material. However, the High Power Committee had called for the report of the 2"'^ respondent. The 2"^ respondent submitted its report to the High Power Committee stating that the petitioner-institute does not have the Parent Hospital for clinical attachment. In view of the same, the High Power Committee did not recommend for issuance of ‘No Objection Certificate’. 4. The petitioner contends that it has in the past, made an application to the 3'^'^ respondent on 20.12.2021. The 3'^'^ respondent, vide his proceedings dated 07.01.2022, granted permission to establish Nursing School under the management of M/s. Islamic Educational and Cultural Society, Markapur, pursuant to the No Objection Certificate issued by the Government Medical Superintendent, Markapur. The petitioner further contends that the Markapur Hospital has also been upgraded as 300 bedded hospital. 3 0i The 3'^'^ respondent filed counter affidavit stating that as per Indian 5. Nursing Council’s Regulations, the trust/society is required to have its own hospital to function as Parent Hospital, or a Hospital owned and controlled by Members of the Trust/Society would be treated as “Parent Hospital”. In such cases, where the institution/trust does not own any Parent Hospital, a MOL) entered into by the institution with the Member of Trust/Society, who owns a Hospital would be sufficient. The said Hospital further has to give an undertaking affidavit that the Hospital would serve as Parent Hospital. Further, the Andhra Pradesh Private Colleges of Nursing (Grant of Permission to Private Colleges or Institutions and Admissions into B.Sc., Nursing Courses) Rules, 1997, provides that only the Director of Medical Education is the competent authority to grant No Objection for clinical affiliation. Referring to G.O.Ms.No.306, HM&FW (K2) Dept., dated 01.08.2006, the learned Government Pleader for Medical Health and Family Welfare argues that in Government Hospitals, no affiliation shall be given to Private Institutions. The private institutions should make their own arrangement. In the light of the same, he argues that the petitioner cannot seek permission to run the Nursing College, on the strength of the so called proceedings issued by the Superintendent of District Hospital, Markapur. 4 In reply, the learned counsel for the petitioner argues that the Director of Medical Education has accorded permission for clinical training of the students at District Hospital, Markapur. 6. Considered the rival submissions. The permission accorded by the DME is on the basis of NO Objection Certificate issued by Superintendent of District Hospital, Markapur. Having regard to the guidelines, prescribing minimum requirements to establish the Nursing Colleges, issued by Indian Nursing Council, which provides that the eligible establishments which 7. inter-alia includes registered Private or Public Trust. Such an establishment should have their own 100 bedded “Parent Hospital”. Further provides that “Parent Hospital” would be a hospital either owned and controlled by the Trust or managed and controlled by a Member of the Trust. In case the owner of the Hospital is a Member of the Trust, then the Hospital would continue to function as a “Parent Hospital” till the life of the Nursing Institution. G.O.Ms.No.7, HM&FW (C2) Dept., dated 29.01.2021 substituting sub-rule (ii) of Rule 13 for the existing sub-rule (ii) provides that permission for affiliation of a Private College of Nursing to any Government Hospital shall be given only by the Director of Medical Education, A.P., and no Superintendent of the Hospital or any other authority is authorized to issue such permission. In the facts of the present case, No Objection Certificate issued by the Superintendent of the Hospital is not in accordance with the said 5 G.O.Ms.No.7, HM&FW (C2) Dept., dated 29.01.2021. Further, as noted from G.O.Ms.No.306, FIM&FW (K2) Dept., dated 01.08.2006, which provides that no new clinical affiliation in Government Hospitals would be given to the Private Institutions. The Private Institutions were directed to make their own arrangements for clinical training of their students from the academic year of 2007-08. Having regard to the G.O.Ms.No.7, HM&FW (C2) Dept., dated 29.01.2021 and the Memo dated 20.03.2023 issued by the 1®* respondent after referring to G.O.Ms.No.7, HM&FW (C2) Dept., dated 29.01.2021, wherein the 3'"'^ respondent was informed that the permission for affiliation of a Private Nursing College to Government Hospital should be issued by the 3'^^' respondent alone and no Superintendent of the Hospital permitted to such sanctions. In view of the Government Orders, instructions on the subject issue, the reliance placed by the learned counsel for the petitioner, on the No Objection Certificate issued by the Medical Superintendent Government Hospital, Markapur is unfounded. Thus, the proceedings of the 3"'' respondent dated 07.01.2022 granting permission to the petitioner institution for clinical training at District Hospital, Markapur, do not appear to be in accordance with the instructions of the Government in the said regard. issue 8. In view of the above, this Court does not find any reason to interfere with the impugned proceedings. 6 9. The Writ Petition is accordingly dismissed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to M/s Y Anupama Devi Advocate [OPUC] 2. Two CCs to GP for Med Health and Family Welfare, Andhra Pradesh. [OUT] 3. Three CD Copies High Court Of GSC HIGH COURT DATED:21/04/2025 ORDER WP.No.15210of 2024 ^ 7 k Jt)L 2025 om ^ Current Section ^ DISMISSING THE WP WITHOUT COSTS