THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.31100 of 2014 Dated: 20.11.2014 Between:
Katuri College of Nursing Katurinagar, Edulapalem, Guntur District, A.P., Rep. by its Administrative Officer, P. Nagaraju .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Health, Medical & Family Welfare, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. D.L. Pandu Counsel for respondent No.1: A.G.P. for Medical, Health & F.W.
Counsel for respondent No.2: Mr. A. Prabhakar Rao The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the inaction of respondent No.1 in issuing Essentiality Certificate to the petitioner for starting the M.Sc. (Nursing) course, as illegal and arbitrary.
It is the pleaded case of the petitioner that the Indian Nursing Council has granted approval to it on 08.10.2014 for starting M.Sc. (Nursing) course for the academic year 2014-2015. That it has applied to High Power Committee, office of the Director of Medical Education, Hyderabad, in the year 2013, for granting essentiality certificate for starting the M.Sc. (Nursing) programme, that the High Power Committee, office of the Director of Medical Education, deputed the District Level Team to inspect the institution and that the District Level Team has accordingly inspected and submitted its report on 18.07.2013, recommending grant of permission to the petitioner to start the said programme with four seats each in Community Health Nursing and OBG/Gynaecology courses, subject to the appointment of Principal, Vice Principal and Professors with adequate experience as per the norms of Indian Nursing Council. That on 16.12.2013, the petitioner has sent an application to respondent No.1 with a request to issue the Essentiality Certificate for starting the M.Sc. (Nursing) programme. The grievance of the petitioner is that no order has been passed by respondent No.1, though almost one year is expiring.
A perusal of letter in Rc.No.30/HPC/2009 dated 22.11.2013 shows that the High Power Committee, office of the Director of Medical Education, Hyderabad, has addressed the said letter to respondent No.1, recommending grant of permission to the petitioner to start M.Sc. Nursing programme in the above-mentioned two courses.
The learned Assistant Government Pleader appearing for respondent No.1 is unable to state as to the reason why respondent No.1 has kept the petitioner’s request pending, though almost one year has elapsed from the time of the petitioner making its request.
In the above facts and circumstances of the case, respondent No.1 is directed to consider the petitioner’s application in the light of the recommendation made by the High Power Committee vide its letter in Rc.No.30/HPC/2009 dated 22.11.2013 and communicate its decision to the petitioner, within two weeks from the date of receipt of this order.
Subject to the above direction, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.38869 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 20th November, 2014 IBL