APHC010492042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25079/2025 Between: 1. AAYUSHMAN NURSING COLLEGE, REP BY ITS CORRESPONDENT SRI. YAKKALADEVI CHANDRA MOULI D. NO. 87/1273-A, SOMISETTY NAGAR, KURNOOL DISTRICT, ANDHRA PRADESH - 518002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL AND FAMILY WELFARE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE REGISTRAR, ANDHRA PRADESH NURSES, MIDWIVES, AUXILIARY NURSE-MIDWIVES AND HEALTH VISITORS COUNCIL, GOVERNMENT GENERAL HOSPITAL (OLD), HANUMANPET, VIJAYAWADA. 3. THE REGISTRAR, DR. NTR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, ANDHRA PRADESH ...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 topleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the impugned proceedings dated 11.09.2025 issued by the 2nd Respondent as arbitrary illegal, violative of Section 21 of the A. P. Education Act, 1982, as being arbitrary. illegal and violative of Articles 14 and 2 19 (1) (g) of the Constitution of India besides being against the principles of natural justice and consequently set aside the same and issue IA NO: 1 OF 2025 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 pleased to suspend the impugned proceedings bearing No. APNMC/CON1010/5543/2024, dated 11.09.2025, issued by the 2-^^ Respondent, and consequently direct the Respondents to permit the Petitioner Institution to participate in the counselling and admission process for B.Sc. (Nursing) and P.B.B.Sc. (Nursing) courses for the academic year 2025-26, pending Writ Petition, in the interest of justice and pas Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. Tata Venkata Sridevi,Standing Counsel ForDr.NTR University of Health Sciences The Court made the following: ORDER: Heard Sri Srivijay Mathukumilli, learned counsel for the petitioner, learned Assistant Government Pleader for Medical Health and Family Welfare appearing for the 1st and 2nd respondents and Ms. T.V.Sridevi, learned Standing Counsel for Dr.NTR University of Health Sciences. 2. Challenge in the writ petition is to the proceedings of the 2nd respondent dated 11.09.2025. 3. It is contended that the petitioner institution, which is a nursing college for conducting nursing courses, obtained all necessary permissions 3 including essentiality based on certificate on the basis of Memorandum of Understanding with M/s. Amelio Hospital and Government General Hospital, Kurnool. 4. However, the 2nd respondent has issued impugned proceedings stating that the petitioner is not found suitable to conducting B.Sc. (N) and P.B.B.Sc. (N). The said proceedings were without assigning any reasons and without affording any opportunity. It is further contended that the same is not preceded by any prior notice. 5. It is further contended that the petitioner institution was established pursuant to the G.O.Ms.No.723 HM&FW (K2) Department, dated 21.08.2006. The 2nd respondent has granted renewal of the proceedings extending the recognition with effect from 23.09.2023 to 22.09.2026. 6. It is further stated that in response to the impugned proceedings, the petitioner submitted an explanation contending that the institution has been functioning strictly in accordance with the applicable rules and regulations. The impugned proceedings dated 11.09.2025 refer to the letter addressed by M/s. Amelio Hospital, with which the petitioner institution had arrangement for clinical training. Challenging the proceedings dated 11.09.2025, the petitioner has approached this Court. 7. The learned counsel for the petitioner argues that the impugned proceedings are based on the letter addressed by the M/s. Amelio Hospital without affording any opportunity to the petitioner. It is further argued that the 4 same is based on an opinion formed, on the basis of letter stated to have been written by M/s. Ameelio Hospital without providing any opportunity and notice to the petitioner. It is further contended that the petitioner has entered into MOU with M/s. Ameelio Hospital for a substantial period of 30 years and has been paying the applicable charges to M/s. Ameelio Hospital and the respondents have granted renewal of recognition. Thus, prays for set aside of the impugned proceedings. 8. The 2nd respondent filed counter affidavit stating that the petitioner made an application for promotion to start B.Sc., Nursing and P.B.B.Sc. Nursing Course which was accordingly granted vide G.O.Ms.No.112 dated 27.05.2022 and the 2nd respondent granted permission to the petitioner for conducting of P.B.B.Sc.Nursing courses, which is valid up to 23.08.2027,approving the clinical affiliation with M/s. Ameelio Hospital, Aayushman Family Hospital, Sree Ashwin Hospital and K.M.Hospitals, Kurnool. On finding that these nursing institutions are not following INC regulations stipulated by the 1st respondent. The 1st respondent has ordered for physical inspection of the verification of the documents submitted by the nursing institutions. Accordingly, inspection was conducted by the 2nd respondent in SVR College of Nursing. During the course of said inspection, it had come to light that the MOU executed with the petitioner was withdrawn. Thereafter, a letter was received by the 2nd respondent from M/s. Ameelio Hospital stating that they did not enter into MOU either with the petitioner’s college or any other college. In the light of the same, the case of 5 the petitioner was not considered for admission process. It is further contended that in terms of the INC Regulation, if the MOU executed by the Trust or Hospital is withdrawn, permission granted would stand withdrawn. Therefore, in the interests of the students, the 3rd respondent issued proceedings dated 22.02.2025 attaching the clinical permissions with Government Hospital, Kurnool. In the absence of clinical training facilities, the petitioner cannot seek grant of permission for running the nursing college/institution. 9. Learned counsel for the petitioner argues that the impugned proceedings do not reflect any of these factual nor any notice was ever issued to the petitioner. On the basis of an enquiry, said to have been conducted or information being gathered behind the back of the petitioner, the impugned orders have been passed, which are in gross violation of principles of natural justice. 10. Having regard to the submissions advanced, this court is of the view that the impugned order was passed without affording any opportunity to the petitioner. If the respondents have come across any material against the petitioner, the principles of natural justice mandate that the person should be allowed to be heard before any adverse orders are passed based on the material that was gathered or that came to the notice of the respondents. 11. Accordingly, the order impugned in the writ petition is set aside. The matter is remanded to the 2nd respondent and the 2nd respondent is 6 directed to pass appropriate orders within two (2) weeks from the date of receipt of the order. Needless to observe that the respondents shall furnish the report of the inspection, if any conducted. 12. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:08.10.2025 ANI 7 278 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.25079 of 2025 Date:08.10.2025 ANI