Shimla Education Society & Trust v. State of Himachal Pradesh
2012-09-14
RAJIV SHARMA
body2012
DigiLaw.ai
JUDGMENT Rajiv Sharma, Judge (Oral): Since common questions of law and facts are involved in these writ petitions, the same were heard together and are being disposed of by this common judgment. 2. Mr. Bhuvnesh Sharma, Advocate, has drawn the attention of this Court to order, dated 23rd June, 2012, which was passed in sequel to order dated 24.05.2012 in C.W.P. No. 9102 of 2011-A. The relevant text of order, dated 23rd June, 2012 passed by the Secretary (Health), Government of Himachal Pradesh, reads as under:- “AND WHEREAS the matter has been relooked into the light of facts enumerated above. As per the petitioner 50 seats in B.Sc. Nursing stream and 60 seats in GNM stream against the sanctioned strength of 100 each are lying vacant in IGMC and the case of the petitioner for issuance of NOC can be considered. As per the initial policy dated 7-6-2008 100 seats each in B.Sc. And GNM courses were advertised with IGMC, Shimla as attached hospital. The State after inviting Expression of Interest and after inspection of proposed location of the applicants granted NOC-cum-Essentiality Certificate in favour of Shivalik Education Welfare Society (Respondent No.3) for starting B.Sc. (Nursing) and GNM course with 100 seats each. At present the said Institution is running a batch of 60 B.Sc. And 40 GNM students. Admittedly against the sanctioned 200 seats, the institute is at present running only 100 seats. However, there is no provision in the policy for withdrawal of NOC already granted. As such it would not be proper to withdraw the 100 seats lying vacant from the Shivalik Education Welfare Society and re-allot these seats to the petitioner.” 2. It is evident from the contents of order, dated 23rd June, 2012, that the State Government has issued NOC to the Shivalik Education Welfare Society for filling up 200 seats. However, the fact of the matter is that the Indian Nursing Council has sanctioned only 100 seats. 3. Mr. Ravinder Thakur, Central Government Standing Counsel appearing for respondent No. 3 in CWP No. 6852 of 2010 submitted that Indian Nursing Council allots/sanctions only 100 seats to a particular Institution. 4. The policies have been placed on record vide Annexure P-7, dated 7th June, 2008, Annexure P-13, dated 14th March, 2011 and Annexure P-14, dated 23rd July, 2011. Mr.
Mr. Ravinder Thakur, Central Government Standing Counsel appearing for respondent No. 3 in CWP No. 6852 of 2010 submitted that Indian Nursing Council allots/sanctions only 100 seats to a particular Institution. 4. The policies have been placed on record vide Annexure P-7, dated 7th June, 2008, Annexure P-13, dated 14th March, 2011 and Annexure P-14, dated 23rd July, 2011. Mr. Vikas Rathore, learned Deputy Advocate General has failed to point out any restriction in the policies to withdraw the NOC for 100 seats. Once there is a power to issue NOC, there is always a corresponding power to withdraw the same. In the instant case, since the Indian Nursing Council has sanctioned/allotted 100 seats, the remaining 100 seats ought to have been filled up in accordance with law. 5. Accordingly, in view of the discussions and analysis made hereinabove, the writ petitions are disposed of with a direction to the respondents to consider the case of petitioners for grant of NOC for 100 seats, which have not been allotted to Shivalik Education Welfare Society by the Indian Nursing Council by attaching them either with IGMC, Shimla or its associates or any other health institution in the vicinity of Shimla with more than 50 beds. The decision shall be taken within a period of three weeks from today and thereafter, the Indian Nursing Council shall decide the matter within a further period of six weeks. The pending application(s), if any, also stands disposed of. No costs.