THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No. 4528 of 2004 Dated: 27-09-2007 Between:- M/s. Christian School of Nursing, 42, Doctors Colony, Kurnool town, Kurnool district, rep., by its Secretary, B.M.V.S. Ramaraju. ..Petitioner And The Special Secretary to Government, Health, Medical and Family Welfare, Government of A.P., Hyderabad and four others. ..Respondents. THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No. 4528 of 2004 :O R D E R: The petitioner, a Nursing School, filed this present writ petition with the following prayer: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the G.O.Ms.No. 447, HM 7 FW (M2) Department dated 02-12-2002 according permission to the 4th respondent to establish a new Mary Matha School of Nursing at 44, Doctors Colony, Kurnool is illegal, arbitrary and contrary to the provisions of the A.P. Educational Institutions (Establishment, recognition, administration and Control of Schools under Private Management) Rules, 1993 and consequently set-aside the same.” The facts in brief are as follows: The petitioner is running the school since 14 years after obtaining approval and recognition from the Government of Andhra Pradesh, Nursing School and Indian Nursing Council, New Delhi with a capacity of 60 students per academic year. The grievance of the petitioner is that the first respondent has issued G.O.Ms.No. 447 Health Medical and Family Welfare (M2) Department dated 02-12-2002 permitting the fourth respondent to establish a new school of Nursing at 44 Doctors Colony, Kurnool just in front of the petitioner’s school which is only at a distance of 100 feet. In addition to the petitioner-school, there are another two nursing schools located in the same town, one of which, belongs to the fourth respondent. The petitioner, therefore, made representation to the second and third respondents sensitising them that two schools are already in existence. In pursuance of the representation, the Superintendent, General Hospital, Kurnool was appointed as an Enquiry Officer, who conducted enquiry and submitted report dated 20-11-2002 stating that no students are available in the proposed new school of nursing and no staff has been appointed. The petitioner also brought the irregularities to the notice of the Selection Committee for para-medical institutions, Andhra Pradesh, Hyderabad, which was appointed by the first respondent on 13-01-2001 and requested to cancel the applications issued to the fourth respondent. However, the Chairman, Selection Committee informed the petitioner on 27-10-2001 stating that the decision of the Government was to establish number of nursing schools in Kurnool District and it is for the Government either to reduce or increase the number of institutions in any faculty and the committee had nothing to do with the permission accorded to the fourth respondent for opening a Mary Matha School of Nursing, No. 44 Doctors Colony, Kurnool. The petitioner also filed W.P.No. 23984 of 2001 to cancel the applications issued to the 4th respondent alleging that the action of the respondents in issuing application is contrary to Rule 4 (1) Sub-clauses (a) (and (b) of the Andhra Pradesh Education Act and the Rules –A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules, 1993. However, the said writ petition was dismissed on 09-02-2004 observing that the cause in the writ petition has become infructuous and also giving liberty to file fresh writ petitions challenging the government orders. In response to the notice of the writ petition, the second respondent filed counter inter alia stating that the facts stated by the petitioner have to be looked into by the team of inspectors, who will inspect the schools of nursing; and the Government-1st respondent will have to examine the observations of the inspection team and take appropriate decision. It is further stated that an enquiry was conducted by the Superintendent, Government General Hospital, Kurnool who found the allegations of the petitioner false. The educational needs of each area will be assessed by the Government and viability of running schools of Nursing has to be planned by the applicant whoever comes forward to establish such Nursing schools. The Selection Committee for para-medical institutions has rightly informed the petitioner that it was for the Government to decide either to increase or reduce the establishment of number of institutions. In the circumstances, the writ petition is liable to be dismissed. Heard the learned counsel for the petitioner. None of the contentions raised by the petitioner are tenable and can be accepted. According to the petitioner, Rule 4 Clause (1) Sub-clauses (a) and (b) of the A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Management) Rules, 1993 (for short ‘the Rules’) prescribe certain guidelines and the establishment of the fourth respondent institution is contrary to the Rules. The Rules cannot be pressed into service insofar as the Nursing Schools are concerned. The Nursing Schools are governed by the Indian Nursing Council Act, 1947 (No. XLVIII of 1947) read with Rules made thereunder. In fact, G.O.Ms.No. 252, Health Housing and Municipal Administration Department dated 27-02-1969 was issued by the Government of Andhra Pradesh prescribing the Andhra Pradesh Nurses, Midwives, Auxiliary Nurse – Midwives and Health Visitors Act, 1926 (Act III of 1926) and the Rules made thereunder to be followed. Hence, the contention of the learned counsel for the petitioner cannot be accepted. The learned counsel for the petitioner tried to impress upon this Court stating that there are so many irregularities that are committed by the fourth respondent-institution and the authorities are not initiating any action. It is unnecessary for this Court to go into this aspect, as already, an enquiry was conducted and the authorities have categorically held that there are no irregularities and further, as per the counter affidavit, it is only to cater to the educational needs of that particular area, it is thought that another Nursing School is required. Hence, I see no merits in this writ petition and the same is accordingly dismissed. No costs. _____________________________ GOPALA KRISHNA TAMADA, J Dated: 27-09-2007. Pvks/*