IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20153 of 2008 Between: Bhargavi School of Nursing, Sreenivasa Nagar, Nandyal, Kurnool District, rep. by its President K. Y. Bhaskara Reddy. ..... PETITIONER AND 1 The Government of A.P. rep. by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat Buildings, Hyderabad. 2 The Director of Medical Education, Government of A.P., Hyderabad. 3 The District Medical and Health Officer, Kurnool, Kurnool District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not issuing the admission notiﬁcation to the petitioner school of nursing for the academic year 2008-2009 even though, the petitioner school is possessing necessary permissions and recognisation from various Departments, is illegal, arbitrary, unjust and violation of Articles 14, 16, and 21 of the Constitution of India, and pass Counsel for the Petitioner:MR.P.VADDI Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20153 OF 2008 ORDER: 1. This writ petition has been ﬁled by Bhargavi School of Nursing assailing inaction of the respondents in according necessary approval for conducting the General Nursing Course during the academic year 2008-09. 2. The petitioner approached Indian Nursing Council, New Delhi for recognition to run a nursing school. The Indian Nursing Council after conducting inspection informed the petitioner and the Government of Andhra Pradesh not to take admissions as the recognition is not granted and also advised the petitioners to fulﬁll the deﬁciencies and report compliance for conducting re-inspection. The petitioner made application to the Government of Andhra Pradesh, rep. by Principal Secretary, Health, Medical and Family Welfare Department, Hyderabad-1st respondent on 19-9-2006 for inclusion of its school for admission for the year 2007-08. The 1st respondent issued a Memo No. 1976/K2/2006 dated 9-10-2006 to report compliance of deﬁciencies for inclusion in the notiﬁcation. The director of Medical Education, -2nd respondent has rejected the request of the petitioner while granting approval to the similarly situated schools. The petitioner ﬁled W.P.No.10561 of 2007 and secured interim orders in W.P.M.P.No. 13298 of 2007 on 16-5-2007. The petitioner obtained recognition from the Indian Nursing Council on 30-8-2008 and made representation on 3-10-2008 to the 2nd and 3rd respondents to issue admission notiﬁcation for the year 2007-08. There being no action on the representations, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, the Government Pleader for Medical and Health Education received notice on behalf of respondents 1 to 3. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Medical and Health appearing on behalf of the respondents 1 to 3. 5. Learned counsel appearing for the petitioner submits that the petitioner got approval from the Indian Nursing Council vide proceeding File NO. 02/AUG2/2008-INC, dated 30-8- 2008 and therefore, their cannot be any impediment for the respondents to permit the petitioner to admit the students for General Nurse Training course. 6. I have gone through the proceeding File No. 02/AUG2/2008-INC, dated 30-8-2008 which reads as here under. “Sir/Madam, The Indian Nursing Council conducted inspection of your institution for GNM programme in the State of Andhra Pradesh. On the basis of the inspection report the Institution is permitted/suitable for ANM programme with intake of 40 (forty) seats subject to the approval of State Nursing Council and University/Board. Letter in detail will follow. Yours faithfully, Secretary” 7. It is explicit from the communication emanating from Indian Nursing Council that the petitioner has to seek approval of the State Nursing Council, Hyderabad/Board. The petitioner claims to have submitted representation to the respondents 2 and 3 for approval. 8. In that view of the matter, this writ petition is disposed of directing the respondents 2 and3 to consider a representation of the petitioner pursuant to the approval accorded by Indian Nursing Council and pass appropriate orders as expeditiously as possible preferably within two weeks from the date of receipt of copy of this order. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 16th September, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20153 OF 2008 16th September, 2008.