IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10842 of 2008 Between: M/s. G.T.R. Educational Society (G.T.R. College of Nursing), Rep. byits Secretary-Cum-Correspondent, Mr. Geddam Praveen Kumar Sastry, S/o. G. Tata Rao, Aged 43 Years, Office at H.No. 70-14-1/2/A, Sidhardha Nagar, IMA Road, Kakinada. ..... PETITIONER AND Dr. N.T.R. University of Health Sciences, Andhra Pradesh, Vijayawada, Rep. by its Registrar. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action in not considering for issuance of provisional Aﬃliation to G.T. R College of Nursing, Kakinada, East Godavari to commence B.Sc., Nursing Course vide Letter No. 1648/A5/Nsg/06 dated 30-4-2008 of Respondents as illegal, arbitrary, erroneous and unconstitutional and against the Principles of Natural Justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent to accord grant of Provisional Aﬃliation into G.T.R. College of Nursing sponsored by Petitioner Society to start 1st Year B.Sc., Nursing Course for the Academic Year 2008-2009 in the interest of justice. Counsel for the Petitioner: MR.A.K.KISHORE REDDY Counsel for the Respondent.: MR.D.V.NAGARJUNA BABU, Standing Counsel. The Court made the following : ORDER: The petitioner is an educational Society represented by its Secretary-cum-Correspondent. The petitioner-Society applied for permission to start nursing school in the name and style of Lalitha College of Nursing, at Kakinada. After establishing nursing college in Kakinada, the management of the Lalitha College of Nursing was taken over by the Giﬀard Memorial Hospital Seventh Day Adventist Trust on 15.05.2007. Thereafter, the petitioner Society approached the Government of Andhra Pradesh for starting a nursing college in the name and style of G.T.R. College of Nursing and obtained essentiality certiﬁcate vide G.O.Ms.No.105 dated 12.04.2006. The petitioner Society also obtained necessary permission from the Indian Nursing Council. The authorities of the Indian Nursing Council visited the petitioner Society and satisﬁed with the facilities and the infrastructure provided therein and granted approval for establishing B.Sc. Nursing College vide its letter dated 05.03.2008. After obtaining approval from the Indian Nursing Council, the petitioner Society approached the respondent-University and submitted an application along with the requisite documents including a demand draft for Rs.25,000/- on 10.03.2008 and requested for grant of provisional aﬃliation to G.T.R. College of Nursing. The respondent University issued proceedings dated 30.04.2008 whereunder the provisional aﬃliation sought for has not been considered. The said proceeding is under challenge in this writ petition. 2. When the writ petition came up for admission, Sri D.V. Nagarjuna Babu, learned standing counsel of Dr.NTR University of Health Sciences received noticed on behalf of the respondent-University. 3. The respondent ﬁled counter-aﬃdavit. Dr.T.Venugopala Rao, Registrar of the respondent-University has sworn to the counter-affidavit. It is stated in the counter-aﬃdavit that the petitioner-Society obtained essentiality certiﬁcate from the Government of Andhra Pradesh to establish the colleges to start degree course in B.Sc. (Nursing) of four years duration with an intake capacity of 50 students from the academic year 2006-2007. It is further stated in the counter-aﬃdavit that the petitioner Society has submitted application along with all required documents for granting certiﬁcate of registration for starting 1st year B.Sc. Nursing Course in Lalitha College of Nursing, Vidyanagar, Kakinada, for the academic year 2006- 2007. The Lalitha College of Nursing committed various irregularities and consequently aﬃliation came to be withdrawn and therefore, the petitioner Society is not entitled to start another nursing college in the name and style of GTR College of Nursing. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent University. 5. Learned counsel appearing for the petitioner Society submits that the respondent is proceeded to issue proceedings dated 30.04.2008 on the misconception that Lalitha College of Nursing at Kakinada was under the management of the petitioner Society. He further submits that Lalitha College of Nursing at Kakinada was taken over by the Giﬀard Memorial Hospital Seventh Day Adventist Trust and the petitioner society is in no way concerned with the said Lalitha College of Nursing. 6. Learned Standing Counsel appearing for the respondent University submits that the petitioner Society commenced the nursing college in the name and style of Lalitha College of Nursing at Kakinada and subsequently aﬃliation came to be cancelled to Lalitha College of Nursing at Kakinada because of various deficiencies in the nursing course. 7. I have gone through the proceedings dated 30.04.2008. The text of the proceedings reads as hereunder: “With reference to your letter 3rd cited, through which you applied to this oﬃce for grant of Provisional Aﬃliation to GTR College of Nursing, Kakinada to start 1st year B.Sc. (Nursing) Course, I am directed to inform you that, the University has issued Certiﬁcate of Registration to GTR College of Nursing, Kakinada proposed by GTR Educational Society is valid for a period of one year only from the date of issue of the Certiﬁcate i.e. on 02.06.2008. I am further directed to inform you that your society has already started Lalitha College of Nursing at Kakinada but the college was DISAFFILIAT ED by Dr.NTR University of Health Sciences, Vijayawada and you have not maintained the college in terms of Nursing statutes of Dr.NTR UHS and as per the Norms of INC. New Delhi. Vide para No.5 of G.O.Ms.No.105, dated 12.04.2006 the University is competent to cancel the Essentiality Certiﬁcate issued by Government of Andhra Pradesh. Therefore, I am by direction to inform you, that in view of the above circumstance the proposal for grant of Provisional Aﬃliation, to GTR College of Nursing sponsored by GTR Educational Society, Kakinada is NOT CONSIDERED. The provisional aﬃliation sought for by the petitioner Society came to be not considered on the premise that Lalitha College of Nursing at Kakinada established by the petitioner Society came to be disaﬃliated. The petitioner Society has given explanation dated 05.05.2008 detailing that Lalitha College of Nursing was taken over by the Giﬀard Memorial Hospital Seventh Day Adventist Trust and that the petitioner-Society was in no way concerned with the management of the said Lalitha College of Nursing. In that view of the matter, the explanation oﬀered by the petitioner-Society has to consider de hors the disaﬃliation granted to the Lalitha College of Nursing. 8. Accordingly, this writ petition is disposed of at the admission stage directing the respondent to consider the application ﬁled by the petitioner for grant of provisional aﬃliation not adverting to the fact of disaﬃliation of Lalitha College of Nursing at Kakinada. No costs. _____________________ B.SESHASAYANA REDDY,J Date:29th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}