Himachal Pradesh High Court
Shimla Valley Nursing College vs State Of H.P. & Ors. R on 14 July, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
CWP No. 7920 of 2022
Reserved on : 27.6.2023
Decided on: 14.7.2023
Shimla Valley Nursing College .....Petitioner.
Versus
State of H.P. & Ors. r .....Respondents.
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 No. For the petitioner : Mr. Shrawan Dogra, Senior Advocate with Mr. Bharat Thakur and Mr. Harsh Kalta, Advocates.
For the respondents: Mr. Anup Rattan, Advocate General with Ms. Sharmila Patial, Additional Advocate General and Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No. 1 & 2.
Mr. Vijender Katoch, Advocate, for respondent No. 3.
1Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 2Mr. Dinesh K. Thakur, Advocate, for respondent No. 4.
.
Ms.Tanu Sharma,Advocate, for respondent No. 5.
Satyen Vaidya, Judge The matter in issue relates to the grant of No Objection and Essentiality Certificates (for short, 'NOC & EC') to the petitioner to start M.Sc.
(Nursing) Course in already established nursing institution providing B.Sc. (Nursing) education to the students. An unsavory situation has arisen on account of persistent default by the State Authorities in showing due deference and compliance to the directions passed by this Court.
2. This Court vide judgment dated 21.12.2022 disposed of CWP 7920 of 2023 in following terms: -
"6. Since the inspection conducted by the respondents is on the basis of the Government policy, instead of it being based upon the norms fixed by the Indian Nursing Council as also the ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 3 statutory bye-laws framed by the H.P. Nursing Council, therefore, the .
evaluation report of Directorate Level Evaluation Committee is quashed and set aside.
7. Consequently, the writ petition is allowed and the respondents are directed to submit a fresh evaluation report based upon the report submitted by the SDM-cum-Chairman, Inspection Committee by assessing the same only on the basis of the Indian Nursing Council norms and bye-laws framed by the State Nursing Council. Such evaluation be made within a week. Pending application(s), if any, also stands disposed of."
3. The aforesaid direction was passed in the backdrop of the judgment passed by this Court in the matter of Sri Sai School/College of Nursing Charitable Medical Sciences vs. State of H.P. & Ors., CWP No. 142 of 2021, decided on 9th September, 2021, whereby the policy dated 29.9.2020 issued by Government of Himachal Pradesh to regulate the opening of Nursing Institutions in private sectors in the State of Himachal Pradesh was held to be ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 4 unenforceable. This Court while deciding the petition on 21.12.2022, had specifically observed as under: -
.
"We are really appalled by the manner in which the respondent-State has been taking the directions passed by this Court from time to time and conveniently ignoring the same to suit its purpose. This Court while adjudicating CWP No. 142 of 2021 titled as Sri Sai School/College of Nursing Charitable Medical Sciences vs. r State of H.P and others, decided on 9th September, 2021 has clearly declared the private Nursing Institution policy to regulate the opening of Nursing Institutions in private sectors in the State of H.P. to be unenforceable as being contrary to the Indian Nursing Council Act, 1947, H.P. Nurses Regulation Act, 1977 and the H.P. Regulation bye-law 2018 (framed under the Act of 1977). The effect of the judgment is that the policy has become unenforceable and inoperable and, therefore, the Government cannot rely upon the same."
4. Since, the private nursing institution policy dated 29.9.2020 of the State Government was no more enforceable, respondents 1 to 3 could not have justifiably entertained any misconception with respect ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 5 to implementation of directions issued by this Court. It can also not be assumed that the State authorities are .
oblivious of the function assigned to them under the scheme of things. The roles of different bodies in granting the permission to start a new Nursing Institution or a new course in existing Nursing
5. to Institutions are well defined.
Indian Nursing Council (INC) is the creation of an Act of Parliament i.e. Indian Nursing Council Act, 1947. Besides having domain to recognize course(s) in nursing education, it has also been vested with following powers under Section 16(1)(g)(h) of the Act ibid:
"16. Power to make regulations:- (1) The Council may make regulations not inconsistent with this Act generally to carry out the provisions of this Act, and in particular and without prejudice to the generality of the foregoing powers, such regulations may provide for- xxxxxxxx
(g) prescribing the standard curricula for the training of nurses, midwives and health visitors, for training courses for teachers of nurses, ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 6 midwives and health visitors and for training in nursing administration;
.
(h) prescribing the conditions for admission to courses of training as aforesaid;
xxxxxxxxx"
Further, Section 13 of the Act provides for the inspection to be conducted by the INC in any 14 thereof empowers Institution recognized as a training institution. Section the INC to withdraw the recognition in case the parameters adopted by the institution recognized as training institution are not in conformity with the provisions of the Act or the Institution recognized by a State Council for the training of nurses, midwives (auxiliary nurse-midwives) or health visitors do not satisfy the requirements of the Council.
6. The INC has framed following guidelines prescribing minimum requirements to establish Institutions authorized to undertake course in M.Sc.
Nursing: -
GUIDELINES AND MINIMUM
REQUIREMENTS TO ESTABLISH
M.Sc. NURSING PROGRAMME.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS
7
1. The following Establishments/Organizations .
are eligible to Establish/Opan a M.Sc. (N) College of Nursing.
a) Central Government/State Government/ Local body;
b) Registered Private or Public Trust;
c) Organizations Registered under Societies Registration Act including Missionary Organisactions;
d) Companies incorporated under section 8 of Company's Act;
2. An institution offering/ B.Sc (Nursing) r Programme wherein one batch has passed out is eligible to establish M.Sc. (Nursing) Programme.
Or Super specialty hospital having the following requisite beds are eligible to establish M.Sc (Nursing) Programme.
Cardio Thoracic Nursing 50-100 bedded Cardiac Hospital, which has CCU, ICCU and ICU units with own thoracic unit or affiliated thoracic unit.
Critical Care Nursing 250-500 bedded Hospital, which has a 8- 10 beds critical care beds & ICUs OBG Nursing 50 bedded parent hospital having:
i. Mother and neonatal units ii. Case load of minimum 500 deliveries per year iii. 8-10 level II neonatal beds. iv. Affiliation with level III neonatal beds ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 8 Neuro Science Nursing Minimum of 50 bedded Neuro care .
institution with advanced diagnostic, therapeutic and state of the art clinical facilities.
Oncology Nursing Regional Cancer centers/Cancer Hospitals having minimum 100 beds, with medical and surgical oncology units with chemotherapy, radiotherapy, palliative care, other diagnostic and supportive facilities.
Orthopaedic & Rehabilitation Nursing 250-500 bedded Hospital, which has a 50 orthopedic beds & rehabilitation units.
Psychiatric Nursing Minimum of 50 bedded institutes of psychiatry and mental health having all types of patients (acute, chronic, adult psychiatric beds, child psychiatric beds and de-addiction facilities), with advanced diagnostic, therapeutic and state of the art clinical facilities.
Pediatric & Neonatal Nursing 250-500 beds and level II/III NICU facility, NICU beds: ≥ 10 Operation Room Nursing 250-500 bedded Hospital having facilities for General Surgery, Pediatric, Cardiothoracic, Gynae and Obstetrical, ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 9 Orthopaedics, Ophthalmic, ENT and Neuro Surgery.
.
Emergency and Disaster Nursing 250-500 bedded Hospital with ICU facility and 10 Emergency beds,
3. The eligible Establishments/ Organizations should obtain Essentiality Certificate / No objection Certificate from the concerned State Government where the M.Sc (Nursing) programme is sought to be established. The particulars of the name of the College / Nursing Institution along with the name of the Trust /Society [as mentioned in Trust Deed or Memorandum of Association] as also full address shall be mentioned in No Objection Certificate/Essentiality Certificate.
4. After receipt of the Essentiality Certificate/ No objection Certificate, the eligible institution shall get recognition from the concerned SNRC for the M.Sc.
(Nursing) programme for the particular Academic Year, which is a mandatory requirement.
5. The Council shall after receipt of the above documents / proposal would then conduct Statutory Inspection of the recognized training nursing institution under Section 13 of the Act in order to assess the suitability with regard to availability of Teaching faculty, Clinical and Infrastructural facilities in conformity ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 10 with Regulations framed under the provisions of the Act.
.
*Provided that training institutions shall apply for statutory inspection, under Section 13 of the Act to the Council within 6 months from obtaining recognition from the SNRC.
Note:
a. The Council has resolved that the candidates qualifying P.B.B.Sc. (Nursing) from Madhya Pradesh Bhoj r University through distance education are not eligible for M.Sc. (Nursing) programme.
b. The Council has also resolved that the candidates qualifying P.B.b.Sc. (Nursing) from IGNOU through distance education are not eligible for M.Sc.
(Nursing) programme, if the study centres are not found suitable by the Council under Section 13 & 14 of the Act.
Strict compliance of the syllabus prescribed by the Council No Institutions/SNRC/University will modify the syllabus prescribed by the Council for a course. However, they can add units/subjects if need be.
Closing/Re-start of the Nursing Programs ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 11 If Institutions have not admitted the students for 2 consecutive years, it .
shall be considered as closed. Institute may apply for suitability to the Council under Section 13 & 14 of the Act through online within 5 years of the closure. While conducting the inspection they will not be covered under the new guidelines with regard to Parent Hospital. However, the above relaxation will be applicable only for five years. In case the proposal is submitted after 5 years from the year of closure, it has to be a fresh proposal with due Essentiality Certificate from the State Government and recognition from the SNRC. In such cases the new guidelines with regards to parent hospital and calendar of events shall be applicable.
Re-inspection [ Re-inspection application shall be considered only two times. If the institution is found deficient even after than, the institution shall have to submit a proposal for suitability under Sections 13 & 14 of the INC Act, 1947 within 5 years. However, in case the proposal is submitted after 5 years it has to be a fresh proposal with due Essentiality Certificate from the State Government and recognition from the SNRC.::: Downloaded on - 15/07/2023 20:41:59 :::CIS 12
Enhancement of Seats Inspection for enhancement of seats .
under Section 13 of the INC Act, 1947 shall be conducted only once in an Academic Year i.e. only one application/proposal shall be accepted, in one Academic Year. Further, SNRC approval is mandatory for enhancement of seats.
Bond System Taking service bonds from students and forcefully retaining their Original Certificates is viewed as an unethical practice by the Indian Nursing council. If any such practice come to the notice of the Indian nursing Council, appropriate action under Section 14 of the Indian Nursing Council Act, 1947 will be taken against the erring institution.
ADMISSION TERMS AND CONDITION
1. The candidate should be a Registered Nurse and Registered midwife or equivalent with any State Nursing Registration Council.
2. The Minimum education requirements shall be the passing of: B.Sc.
Nursing/B.Sc. Hons. Nursing /Post Basic B.Sc. Nursing with minimum of 55% aggregate marks.
3. The candidate should have undergone in B.Sc. Nursing /B.Sc. Hons. Nursing/Post Basic B.Sc. Nursing.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 134. Minimum one year of work experience after Basic B.Sc. Nursing.
.
5. Minimum one year of work experience prior or after Post Basic B.Sc. Nursing.
PHYSICAL FACILITIES Minimum 2 additional classrooms and one classroom as per the number of electives Note: Proportionately the rooms & other facilities will increase/decrease according to the number of students admitted.
r NURSING TEACHING FACULTY If parent hospital is super-speciality hospital like cardio-thoracic hospital/cancer with annual intake 10 M.Sc.(N) in cardio thoracic/cancer Professor/Associate Coordinator 1 Reader/Associate Professor 1 Lecturer 2 The above faculty shall perform dual role B.Sc. (N) and M.Sc. (N) Sl. No. Designation B.Sc.(N) M.Sc. (N) 40-60 10-25 1 Professor 1 cum Principal 2 Professor 1 cum vice Principal 3 Professor 0 4 Associate 2 1* Professor 5 Assistant 3 1* ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 14 Professor 6 Tutor 10-18 3* .
*1:10 student patient ration for M.Sc. (N) One in each specialty and all the M.Sc.
(N) qualified teaching faculty will participate in all collegiate programmes. Teacher Student Ratio = 1:10 for M.Sc.
(N) programme.
QUALIFICATION AND EXPERIENCE OF TEACHERS OF COLLEGE OF NURSING S. No. TEACHING QUALIFICATION & FACULTY EXPERIENCE 1 Principal 15 years' experience cum with M.Sc. (N) out of Professor which 12 years should be teaching experience with minimum of 5 years in collegiate programme Ph.D. (N) is desirable.
2 Vice 12 years' experience
Principal with M.Sc. (N) out of
cum which 10 years should
Professor be teaching experience
with minimum of 5
years in collegiate
programme
Ph.D. (N) is desirable.
3 Professor M.Sc. (N) with 10 years
experience including 7
years teaching
experience
Ph.D. (N) is desirable.
4 Associate M.Sc. (N) with 08 years
Professor experience including 5
years teaching
experience
::: Downloaded on - 15/07/2023 20:41:59 :::CIS
15
Ph.D. (N) is desirable.
.
5 Assistant M.Sc. (N) with 03 years
Professor teaching experience.
Ph.D. (N) is desirable.
6 Tutor M.Sc. Or B.Sc. (N)/
P.B.B.Sc. (N) with one
year professional
experience.
7. Another legislation that needs reference is the Himachal Pradesh Nurses Registration Act, 1977 (for short 'HPNR Act'). The State Nurses Registration Council (for short, 'State Council') is creation of HPNR Act. Section 17 of the said Act vests the State Council to make regulations and Sections 23 vests it with power to make bye-laws. Section 23(a) of HPNR Act reads as under:-
"23. Power to make bye-laws :- The Council may, after previous publication, make bye-laws;-
(a) to prescribe the course of training of, and qualification for, the registration of nurses, health visitors, midwives, auxiliary nurse midwives, nurse dais, trained dais or dais and to provide for the recognition of institution competent to give such training."
8. In exercise of powers under Section 23(a) of HPNR Act following bye-laws have been framed:-
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 16"14. OPENING OF NEW NURSING TRAINING SCHOOLS/COLLEGE IN .
HIMACHAL PRADESH--
14.1 TERMS AND CONDITION OF
GOVERNMENT OF HIMACHAL
PRADESH:--
14.1.1 The Institution/Society should have 3 acres own land if the institute have not their own land then they can run the institute in rented building upto 2 years and after 2 years they have to built up their own building to run the r nursing courses. If the Institute does not construct the building within 2 years then penalty can be imposed accordingly to Indian Nursing Council norms. They should have following constructed area for different nursing courses for 40 to 60 seats:--
Teaching Hostel Total Remarks Block constructed area ANM 10060 15625 25685 Sq.ft.
GNM 20000 17500 37500
Sq.ft.
B.Sc 23720 30750 54470 Sq.ft.
PB 23720 30750 54470 Sq. ft. Additional 2
B.Sc lecture halls
1080*2=216
0 Sq. ft. in
teaching
block and
50 Sq. ft.
carpet area
for each
student in
hostel block.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS
17
M.Sc 23720 3075 Additional
.
0 2 lecture
halls
1080*2=21
60 Sq. ft.
in
teaching
block and
50 Sq. ft.
carpet
area for
each
student in
hostel
block
r Other criteria will be followed as per
the Indian Nursing Council norms.
14.1.2 No financial assistance/ grant will be given to the institute by the State Government.
14.1.3 50% seats will be reserved for State Govt. Quota.
14.1.4 The College of Nursing shall get affiliation with the concerned University and School of Nursing with State Council before making admission.
14.1.5 All Nursing institutions of ANM, GNM, Basic B.Sc (N) and Post Basic B.Sc (N) and M.Sc (N) will submit the No objection certificate/Essentiality/Feasibilit y Certificate issued by the State Government to the State Nursing Council to obtain recognition from State Nursing Council.::: Downloaded on - 15/07/2023 20:41:59 :::CIS 18
14.2 RECOGNITION OF NURSING INSTITUTION BY THE REGISTRAR, .
H.P. NURSES REGISTRATION
COUNCIL:--
14.2.1 Any organization under the Central Govt., State Govt., Local body, or private or Public Trust, Mission, Voluntary Body registered under Society Registration Act or a Company's Act Intends to open a School/ College of Nursing shall submit the proposal to the State r Government for No Objection (N.O.C.) and Essentiality Certificate from the State Government.
14.2.2 The organization shall submit the proposal and No Objection Certificate (N.O.C.)/Essentiality Certificate of State Government to the State Nursing Council alongwith Rs.
25,000/- as first inspection fee in the shape of Bank draft in favour of Registrar, H.P. Nurses Registration Council.
14.2.3 The H.P. Nurses Registration Council will conduct first inspection to assess suitability with regard to physical infrastructure, clinical facility and teaching faculty according the Indian Nursing Council Norms in order to give permission to start the Nursing training programme.
14.2.4 The Registrar, HPNRC will appoint inspectors having more than 10 ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 19 years teaching experience in nursing field to conduct inspection of the .
Nursing Institution.
14.2.5 The Registrar, State Nursing Council will permit to start the nursing programme after first inspection on the basis of inspection report or if institution fulfills the required physical infrastructure, clinical and field training facility and Teaching Faculty etc. as per the Indian Nursing Council norms.
14.2.6 If the organization fails to fulfill the required infrastructure i.e. physical infrastructure, Clinical and field training facilities and teaching faculty then the organization shall not be given permission to start nursing programme.
14.2.7 The State Council will conduct inspection every year till the first batch completes the training programme. Permission will be given year by year till the first batch completes the nursing programme.
14.2.8 There will be inspection of institutions for recognition after every 5 year. In between surprise inspection will be conducted by the HPNRC, Shimla, if the institution fails to fulfill the required criteria then the Registrar, HPNRC will direct the institution to rectify the deficiencies pointed by the inspection ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 20 committee within year, if the institute fails to rectify the same then the .
intake capacity of the seats will be reduced for the next year. During the next year inspection if the Institute does not fulfill the criteria/deficiencies already pointed out then the permission will not be granted for the next year to admit the students for the said course. If the institute will not rectify the deficiencies upto 5 years then the recognition of the said institution will be withdrawn.
14.2.9 The State Council will conduct examination of all Diploma courses by adopting the Indian Nursing Council's (INC) Examination Scheme.
B.L 15 Inspection Criteria:--
15.1 For new Institutions:--The State council shall conduct inspection every year till first batch completes the training programme. Permission shall be given year by year till the first batch completes the nursing programme.
15.2 For existing Institutions:--The State Council shall conduct the inspection of the existing Nursing Institutions after every five years.
15.3 No admission for new course shall be made without the prior approval of H.P. Govt. for which the institution will request the State Govt.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 2115.4 The reservation of the seats shall be as per H.P. Govt. instructions issued .
from time to time.
15.5 The pay scale and emolument for their staff shall not be less than the scale of the employees of same categories under contractual and regular scale of H.P. Government and the Salary of the employees working in the HPNRC shall be enhanced according to the decision of the General Body Meeting of HPNRC r after obtaining the approval of the Government.
15.6 The inspection of the institution shall be carried out on yearly basis up to the completion of the study of first batch of the students. Therefore the inspection shall be periodical after five years.
15.7 The H.P. Govt. will have right to withdraw the N.O.C. if the society/Applicant fails to meet any of the condition of N.O.C. 15.8 The construction work shall be completed within 2 years and admission shall be made within 2 years of the condition of N.O.C. 15.9 Permission accorded by the Nursing Council will be got renewed by management from time to time.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 2215.10 Admission of all seats will be regulated by the concerned Board/ .
University of H.P. Govt.
15.11 Fee structure for the institution will be approved by the Govt. which will be inconsonance with Govt. of India/Indian Nursing Council.
15.12 A minimum 75% staff will be employed from H.P. In case it is not possible to employee 75% of the staff from H.P. approval of H.P. Govt. will have to be obtained.
15.13 All staff of Class-III and Class-IV will be recruited from amongst the Himachal bonafide candidates after obtaining proper sanction/approval from the Government.
15.14 The institution will include a local person and One Govt. nominee in the Society as a permanent trustee or in governing body as the case may be.
[ 15.15 Institute shall fulfill the condition of clinical facilities and field training.
15.16 The permission/recognition will be issued after obtaining Essentiality/Feasibility Certificate/ No objection certificate from Government. The HPNRC will conduct the inspection of concerned institution for granting permission/recognition to start all nursing courses.
::: Downloaded on - 15/07/2023 20:41:59 :::CIS 2315.17 Institution wise Inspection fees and Affiliation fees:-
.
15.17.1 FIRST INSPECTION FEES:--
15.17.1.1 First inspection fees of Rs.25,000/-
for M.Sc (N), B.Sc(N) P.B.B.Sc (N), ANM & GNM training courses to be deposited with H.P. Nurses Registration Council.
15.17.1.2 The HPNRC Shimla will be examining body of Diploma courses and a sum of Rs. 50,000/- has to be deposited in the shape of r Demand Draft in favour of Registrar, HPNRC Shimla on account of first examination fees for single time.
15.17.2 Annual affiliation fees- INSPECTION FEES:--
15.17.2.1 Annual affiliation fees of Rs.
10,000/- for per course i.e. ANM, GNM, B.Sc(N), P.B.B.Sc(N) and M.Sc Nursing to be deposited with H.P. Nurses Registration Council for renewal validity.
15.17.3 Remuneration to inspector------Rs.
500/- per institution to be paid to Inspectors for inspection of nursing institutions. "
9. Thus, the role of different Institutions can be summed-up as under:-
i) INC: To grant recognition for the course and prescribe norms for the ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 24 Institutions imparting nursing education.
.
ii) HPNRC: To prescribe qualification for the registration of nurses etc. and to provide for the recognition of institution competent to give training in nursing education.
iii)State Govt.: To grant no objection certificate and essentiality certificate for establishment of a new institution imparting nursing education or for starting new course therein.
10. Thus, the direction passed by this Court could not be construed in any other context except the above noted legal provisions. The respondents 1 to 3 has the limited part to grant or refuse 'NOC & EC' but such exercise could not be undertaken without there being any objective parameters prescribed for such purpose. Evidently the respondents-State had been considering the grant of NOC and EC on the basis of policy dated 29.9.2020, which as noticed above, has been held to be inapplicable in Sri Sai School (supra).
On being asked by this Court as to whether any ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 25 objective criteria was adopted by the respondents 1 to 3 for grant or refusal of NOC and essentiality certificate, .
learned Advocate General fairly conceded that after the policy dated 29.9.2020, the State government has not prescribed any specific criteria for grant or refusal of NOC and EC. In such circumstances the respondents 1 to 3 were directed to assess the report of SDM level committee at the touch stone of INC norms and HPNRC bye-laws. The State Authorities instead of evaluating the SDM Level Report at the touch stone of INC Norms and bye-laws framed by the State Nursing Council, repetitively ventured into making evaluation on the basis of their own subjective criteria, which appears to flow from the policy dated 29.9.2020, which already has been declared unenforceable.
11. As, if it was not sufficient, the action of State authorities was further found to be lacking in fairness.
Learned counsel for the petitioner provided certain details according to which similarly situated institutions were granted NOC and EC for starting M.Sc. Nursing course. This factual aspect was not ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 26 denied by learned Advocate General, rather he placed on record certain documents revealing that the .
Director, Medical Education and Research on 24.6.2023 has issued show cause notices to such institutions requiring them to explain as to why the essentiality and no objection certificate issued in their favour for M.Sc. Nursing course be not withdrawn.
Such action of respondent-3, having been initiated after exposure of its conduct during course of hearing of instant matter, is not persuasive enough to hold otherwise.
12. Be that as it may, this Court is concerned with the compliance of its judgment dated 21.12.2022 and it is for such reason alone that the exercise of passing this detailed order has again been gone into.
For obvious reason the judgment passed by this Court on 21.12.2022, cannot be construed to have any further amplitude, than the prescription of the provisions of INC Act and HPNR Act, as noticed above.
The respondents-State cannot grant or refuse the NOC and essentiality certificate at its whims. There need to ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 27 be some objective criteria, which eventuality cannot be in the form of oral instructions. In absence of any such .
criteria, the action of respondents-State in withholding the grant of NOC and essentiality certificate to the petitioner is clearly arbitrary and harsh and cannot withstand legal scrutiny. Even otherwise, the petitioner could not have been discriminated vis-a-vis the other similarly situated institutions, who were granted NOC and essentiality certificates by respondents-State in identical situations. Noticeably, about eight months have already elapsed since the process on the application of the petitioner was initiated.
13. Taking a holistic view in the peculiar circumstances of the case, this Court is constrained to close the matter by directing the respondents 1 to 3 to provisionally grant NOC and essentiality certificate to the petitioner for starting course in M.Sc. Nursing.
Needless to say, notwithstanding such grant the HPNRC and INC will be at liberty to take independent decision, strictly in accordance with law, on the issue ::: Downloaded on - 15/07/2023 20:41:59 :::CIS 28 of grant of recognition/permission to petitioner institute to start M.Sc. Nursing course.
.
(Tarlok Singh Chauhan)
Judge
July 14th , 2023
(vs)
r to (Satyen Vaidya)
Judge
::: Downloaded on - 15/07/2023 20:41:59 :::CIS