Indira Education Institute and Health Society v. State of Rajasthan
2005-06-01
K.S.RATHORE
body2005
DigiLaw.ai
Judgment K.S. Rathore, J.-Since, all the aforesaid writ petitions involve similar question of law, therefore, are being decided by this common order. The facts of S.B. Civil Writ Petition No. 1090/2005 is being taken as a leading case. 2. The controversy involved in these writ petitions is with regard to reduction of intake capacity of the students in the Nursing Training Course from 100 to 60 students vide order dated 16.01.2004 issued by the Additional Director, Medical & Health Services. 3. The submission of the petitioner is that the Additional Director, Training Medical & Health Services is not competent to pass such order as state Government as well as Rajasthan Nursing Council sanctioned the strength of 100 students and to this effect granted permission. 4. It is also contented that reduction of the intake capacity of the students is in violation of provisions of Articles 14, 19(1)(G) & 29(2) of the Constitution of India as in the petitioner institution for the Ist year, IInd year & IIIrd year, 100 students are already undergoing the nursing training. Now at this stage, the respondents cannot reduce the intake capacity from 100 to 60. 5. The documents referred indicates that vide order dated 012.1999, the petitioner institution was earlier having intake capacity of 50 students and vide order dated 19th May, 2000, intake capacity of the petitioner institution was increased from 50 to 100 students by the Government and the Rajasthan Nursing Council vide its letter dated 24.05.2000 recognised the intake capacity of 100 students. 6. The controversy arise when the respondents issued the prospects for general nursing training course for Session 2004-05 by which intake capacity of all the petitioners institutions has been shown as 60. 7. To this effect, learned Counsel for the respondents referred a letter date 13.05.2002 (Annexure R-1) issued by the Indian Nursing Council (For short "the INC") by which it was informed to all the States that in the meeting held on 212.2001, after due deliberation, it was observed that some of the State are giving 100 to 120 seats for starting Nursing Courses. The training programme of nursing involves more of skill oriented. It is, therefore, essential during the period of training there should be enough scope for the students to acquire skills.
The training programme of nursing involves more of skill oriented. It is, therefore, essential during the period of training there should be enough scope for the students to acquire skills. Moreover, while teaching procedure return demonstration by each student, it is essential to know that students have acquired right type of procedure and skill. 8. It is, therefore, if the students; strength is more than 60 in a batch it will be difficult to ensure skill-based training. The Council resolved to inform the State Governments and State Nursing Council that sanction for more than 60 students be not given to any institution. It was requested to the respective states that while sanctioning seats to any nursing institution sanction be accorded for not more than 60 students. 9. Pursuant to the direction issued by the INC, the respondents has published the prospects for General Nursing Training Course for the Session 2004-05 and for the Nursing Institutions, who are undertaking the General Nursing Training Course in the State, intake capacity was restricted to 60 students. 10. Further upon perusal of the notification dated 211.2002 issued by the State Government pursuant to the rules and direction given by the INC, it reveals that maximum intake capacity of 60 students has been given to all the institutes through out the State and uniform policy has been made applicable to all the institutes in the State. It is not a case of the petitioner that the respondents has discriminated amongst the other institutes. 11. By way of additional affidavit, the petitioner has tried to put up a case that some of the institution has been provided intake capacity of more than 60 students. 12. The petitioner cannot take the advantage of the fact that earlier the intake capacity was given for 100 students and 100 students were directed to appear in the examination. Now for the Session 2004-05, since uniform polity has been framed by the State Government pursuant to the instructions issued by the INC, which is applicable to all the institutes, I do not find any illegality or error in issuances of the prospects, which is not discriminatory. Consequently, the writ petitions fail and herewith dismissed. 13. Copy of the notification dated 211.2002 be taken on record.