THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.30393 of 2014 Dated: 13.10.2014 Between:
Manisha College of Nursing, Rep. by its Principal and another. .. Petitioners and The Government of Andhra Pradesh, Health, Medical and Family Welfare Department, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad, and another. .. Respondents Counsel for the petitioners: Mr. Gaddam Srinivas Counsel for respondent No.1: AGP for Medical, Health & Family Welfare Counsel for respondent No.2: Mr. A. Prabhakar Rao The court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside proceedings No.571/A8/M.Sc(N)/09 dated 02.09.2014 of respondent No.2, whereby the affiliation granted to petitioner No.1 college in Community Health Nursing and Psychiatry Nursing was cancelled.
This case does not require recording of detailed facts. It will suffice to observe that in pursuance of the permission/affiliation granted by the Indian Nursing Council, petitioner No.1 has applied to respondent No.1 for grant of permission for conducting classes in two specialities, namely; Community Health Nursing and Psychiatry Nursing. As respondent No.1 has not disposed of the application of petitioner No.1, respondent No.2 has not granted affiliation. Petitioner No.1 has, therefore, filed W.P.No.28702 of 2013, feeling aggrieved by non-extension of affiliation by respondent No.2. This Court, by interim order dated 04.10.2013, directed respondent No.2 to allocate nine students on provisional basis while allocating 16 students on regular basis to petitioner No.1. However, it was made clear therein that if petitioner No.1 does not produce the necessary permission from the State Government on or before 31.01.2014, the admissions of the remaining nine students admitted on provisional basis shall stand cancelled. The impugned order was passed cancelling the affiliation granted to petitioner No.1 in Community Health Nursing and Psychiatry Nursing, in view of the admitted fact that it has failed to secure permission from respondent No.1.
After hearing the learned counsel for both parties, I am of the opinion that respondent No.2 cannot be found fault with for cancelling the affiliation for the simple reason that it was left with no choice other than cancelling the affiliation in view of the peremptory order passed by this Court, as per which if petitioner No.1 does not secure permission from the State Government on or before 31.01.2014, the admissions made on provisional basis shall stand cancelled. This order, thus, became operative and the admission of nine students automatically stood cancelled, as petitioner No.1 could not secure permission from the State Government. So long as the said order remains, this Court cannot interfere with the impugned order.
The writ petition is, therefore, dismissed, however, with liberty to petitioner No.1 to move appropriate application in W.P.No.28702 of 2013 for further orders qua the orders passed therein.
As a sequel to dismissal of the writ petition, W.P.M.P.No.37994 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 13th October, 2014 IBL