HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29146 of 2014 Date : 17-10-2014 Between :
Sri Saraswathi Educational Society, Represented by its President G. Eswara Reddy, Y.S.R. Kadapa District and another .. Petitioners And The Government of Andhra Pradesh, Represented by its Principal Secretary, Medical Health and Family Welfare, Secretariat, Hyderabad and others .. Respondents Counsel for petitioners : Sri M. Subba Reddy Counsel for respondent No.1 : Assistant Government Pleader for Medical Health and Family Welfare Counsel for respondent No.4 : Sri A. Prabhakar Rao, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed assailing the action of respondent No.4 in not granting affiliation to the petitioners for enhancement of seats in B.Sc. (Nursing) and also for starting Post-Graduation courses in Nursing.
At the hearing, it has come out that by the time proceedings No.1-5/2014-INC dated 3-7-2014 issued by the Indian Nursing Council which stipulated issuance of No Objection Certificate (NOC) by the respective State Governments compulsory for enhancement of seats in Under-Graduation and for commencement of Post-Graduate courses in Nursing, came into effect, the petitioners could not commence the courses due to legal hurdles and that on the strength of an interim order granted by this Court, the petitioners were able to get the enhanced seats filled up in B.Sc.(Nursing) programme for the academic year 2013-14. The petitioners could commence Post-Graduation courses also only on the strength of an order granted by this Court.
In these circumstances, I am of the opinion that the petitioners cannot claim exemption from obtaining NOC based on the proceedings of the Indian Nursing Council vide F.No.1-5/GB-CIR/2005-INC, dated 29-8-2008.
The petitioners are therefore permitted to make a fresh application to respondent No.1 for grant of NOC within two weeks from today. On such application being made, respondent No.1 is directed to consider, take appropriate decision thereon and communicate the same to the petitioners within a period of one month from the date of receipt of the application.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.36452 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 17-10-2014 AM