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Himachal Pradesh High Court · body

2019 DIGILAW 1943 (HP)

Satyam Educational Society v. State of H. P.

2019-12-17

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

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JUDGMENT : L. Narayana Swamy, C.J. 1. The petitioner is an Educational Society, registered with the Registrar of Societies under the Himachal Pradesh Societies Registration Act, 2006 and is running its Nursing Institution for ANM, GNM and B.Sc. Nursing & Post Basic B.Sc. Nursing courses since the year 2014 at Village Lanjot, P.O. Basnoor, Tehsil Shahpur, District Kangra, H.P. 2. It is submitted that respondent No. 2, Registrar, Himachal Pradesh Nursing Registration Council, after visiting the petitioner-Society, conducted inspection of the said Institution and accordingly submitted its inspection report dated 09.08.2019 (Annexure P-2) for commencing aforesaid courses for the academic session 2019-2020. On the basis of inspection report, the petitioner-Society has been allotted 40 seats of ANM, 40 seats of GNM, 50 seats of B.Sc. Nursing and 15 seats of Post Basic B.Sc. Nursing course for the academic session 2019-20. 3. It is further submitted that apart from above, respondent No. 4, Indian Nursing Council, also visited the institution of the petitioner-Society and got conducted its inspection on 24.07.2019 & 25.07.2019, respectively. After noticing some short falls/deficiencies in the petitioner's institution, respondent No. 4 had given 30 days time to the petitioner-Society, vide its letter dated 16.09.2019 (Annexures P-3 & P-4), to remove the deficiencies/short falls so noticed by it during inspection. However, surprisingly, respondent No. 2, vide its letter dated 19.09.2019 (Annexure P-5) itself, communicated the petitioner-Society that the seats for aforesaid courses in the petitioner's institute are ordered to be reduced, i.e. seats of ANM reduced from 40 to 20, seats of GNM reduced from 40 to 20, seats of B.Sc. Nursing reduced from 50 to 40. It is further submitted that the seats in questions were ordered to be reduced by respondent No. 2 on the recommendation of respondent No. 4 after withdrawing its earlier communication dated 04.09.2019. 4. It is submitted that though the petitioner after removing all short falls/deficiencies within the stipulated period of 30 days in compliance to letter dated 16.09.2019 (Annexures P-3 & P-4), which were found during the inspection by respondent No. 4, i.e. inadequate infrastructure, teaching staff etc., had made a communication vide letter dated 24.09.2019 (Annexure P-7) to respondent No. 4 with a request to re-enhance the reduced seats in question after re-inspection of the institution, immediately, before starting the counseling for the academic session 2019-20, however, no action has been taken in this regard by the respondents till date. 5. Feeling aggrieved by the said action of respondents, the petitioner-Society has preferred the present writ petition with the following prayer:- "(i) The writ of certiorari may kindly be issued, quashing the impugned communications/letters dated 16.09.2019 (Annexure P-3 to P-5). (ii) That writ of mandamus may kindly be issued, directing the respondents to allot 40 seats of ANM, 40 seats of GNM, 50 seats of B.Sc. Nursing and 15 seats of Post Basic B.Sc. Nursing course for the academic session 2019-2020 to Satyam College of Nursing being run by the petitioner Society. (iii) That writ of mandamus may kindly be issued, directing the respondent No. 5 to conduct the counseling of 50 seats of B.Sc. Nursing instead of 40 seats for the petitioner Institution for the academic session 2019-2020." 6. Though learned counsel for the petitioner is not present, however, on the basis of material available on record, we deem it proper to dispose of the matter. 7. We have heard learned counsel for the respondents and gone through the record. 8. Learned counsel for respondent No. 2, Registrar, Himachal Pradesh Nursing Registration Council, submits that the seats capacity for aforesaid courses in the petitioner's institute has been reduced on the basis of the inspection report and recommendation made by respondent No. 4/Indian Nursing Council. She submits that respondent No. 4, is the competent authority to reduce the seats in question after noticing the short falls/deficiencies as noticed in the institution of petitioner-Society during inspection by respondent No. 4 that higher intake capacity granted on the basis of stated clinical, teaching and infrastructural facilities, was not found correct and hence, suitability was granted on a lower intake capacity. Relying upon communication Annexures P-3 & P4, she has justified the action of respondent No. 2 in issuing letter dated 16.09.2019 (Annexure P-5) to the petitioner-Society with regard to reducing of the seats in question in consonance with Indian Nursing Council after withdrawing its earlier communication dated 04.09.2019. The submissions made by learned counsel for respondents No. 2, have also been substantiated by learned Sr. Additional Advocate General representing respondents No. 1 & 3/State as well as learned counsel(s) representing respondents No. 4 and 5. In view of these submissions, learned counsel(s) representing the respective respondents, pray for dismissal of the present writ petition. 9. The submissions made by learned counsel for respondents No. 2, have also been substantiated by learned Sr. Additional Advocate General representing respondents No. 1 & 3/State as well as learned counsel(s) representing respondents No. 4 and 5. In view of these submissions, learned counsel(s) representing the respective respondents, pray for dismissal of the present writ petition. 9. It is seen that respondent No. 2 conducted the inspection of petitioner's institute and accordingly submitted inspection report dated 09.08.2019 (Annexure P-2) for commencing aforesaid courses for the academic session 2019-2020. On the basis of inspection report dated 09.08.2019, the petitioner-Society was allotted 40 seats of ANM, 40 seats of GNM, 50 seats of B.Sc. Nursing and 15 seats of Post Basic B.Sc. Nursing course for the academic session 2019-20. However, later on respondent No. 4, Indian Nursing Council, also conducted the inspection of petitioner's institute on 24.07.2019 & 25.07.2019 and after noticing some short falls/deficiencies in the petitioner's Institution, said respondent No. 4 had issued letter(s) dated 16.09.2019 (Annexures P-3 & P-4) to the petitioner-Society directing it to remove such deficiencies/short falls within a stipulated period of 30 days. It is noticed that without waiting for the compliance of letter dated 16.09.2019 (Annexures P-3 & P-4) issued to the petitioner-Society, respondent No. 2, vide its letter dated 19.09.2019 (Annexure P-5) itself, communicated the petitioner-Society that the seats for aforesaid courses in the petitioner's institute are ordered to be reduced, i.e. seats of ANM reduced from 40 to 20, seats of GNM reduced from 40 to 20, seats of B.Sc. Nursing reduced from 50 to 40. It is noticed that the seats in questions already allotted to the petitioner's institute were ordered to be reduced by respondent No. 2 on the recommendation of respondent No. 4 after withdrawing its earlier communication dated 04.09.2019. Nursing reduced from 50 to 40. It is noticed that the seats in questions already allotted to the petitioner's institute were ordered to be reduced by respondent No. 2 on the recommendation of respondent No. 4 after withdrawing its earlier communication dated 04.09.2019. The said action on the part of the respondents appears to be unjustified in the eyes of law, as all short falls/deficiencies found by respondent No. 4, during inspection are stated to have removed by the petitioner-Society within the stipulated period of 30 days vide its letter dated 24.09.2019 (Annexure P-7) written by it to respondent No. 4, requesting therein that the reduced seats in question may be re-enhanced after conducting the re-inspection of its institution, immediately, before starting the academic session 2019-20, however, no action has been justified by the respondents to be taken in this regard by the respondents. In our considered view, the impugned action of the part of the respondents in reducing the capacity of seats after withdrawing earlier communication dated 04.09.2019 by respondent No. 2, as mentioned in para-2 of letter dated 16.09.2019 (Annexure P-5), for courses in question without taking into consideration the letter dated 24.09.2019 (Annexure P-7) of the petitioner-Society, referred to above, is not sustainable in the eyes of law. 10. In view of the above, the impugned communications dated 16.09.2019 (Annexures P-3 to P-5) are quashed and set aside. Accordingly, the respondents are directed to permit the petitioner-Society to continue with the already allotted seats for different courses for the academic session 2019-2020 on the basis of inspection report dated 09.08.2019 (Annexure P-2), i.e. ANM 40 seats, GNM 40 seats, B.Sc. Nursing 50 seats and Post Basic B.Sc. Nursing course 15 seats, for the academic session 2019-20. It is made clear that the seats for courses already allotted by the respondents to the petitioner-Society for the academic session 2019-2020, be not reduced in any manner whatsoever. 11. So far as the next academic session, i.e. 2020-2021, is concerned, we direct respondent No. 4 to again visit the institute of petitioner-Society and conduct fresh inspection in respect of the removal of short falls/deficiencies as earlier noticed by the said respondent and now the same are stated to have been removed by the petitioner-Society vide its letter dated 17.09.2019 (Annexure P-6). It is further directed that in case the short falls/deficiencies are found removed by the petitioner-Society to the satisfaction of respondent No. 4 in accordance with law, the petitioner-Society shall be permitted by the respondents to continue accordingly for running courses for the seats in question during academic year 2020-2021, as also for further academic years in the similar ratio as already allotted to it during academic session 2019-20. 12. With the aforesaid observations/directions, the instant writ petition stands disposed of, so also pending miscellaneous application(s), if any.