Karnataka High Court
The Karnataka State Assocation vs The State Of Karnataka on 2 May, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 32106 of 2024
C/W WP No. 32185 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE R
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 32106 OF 2024 (EDN-RES)
C/W
WRIT PETITION NO. 32185 OF 2024 (EDN-RES)
IN W.P.NO.32106/2024
BETWEEN
KARNATAKA STATE PRIVATE MANAGEMENT ASSOCIATION
OF HEALTH INSTITUTIONS
NO.7, OPP UNITY LIFE LINE HOSPITAL,
1ST BLOCK, 2ND STAGE, NAGARABHAVI,
BANGALORE 560072
REPRESENTED BY ITS GENERAL SECRETARY
VASUDEVA R
...PETITIONER
(BY SRI. PRADEEP KUMAR P.K., ADVOCATE)
AND
Digitally signed
by SHWETHA
RAGHAVENDRA
STATE OF KARNATAKA
Location: HIGH
COURT OF DEPARTMENT OF MEDICAL EDUCATION,
KARNATAKA MS BUILDING, AMBEDKARVEEDI,
BANGALORE 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO THE GOVERNMENT HEALTH AND
FAMILY WELFARE DEPARTMENT MEDICAL EDUCATION,
...RESPONDENT
(BY SMT. MAMATHA SHETTY., AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR
DIRECTION OR WRIT IN THE NATURE OF MANDAMUS RESTRAINING
THE RESPONDENT NO.1 FROM CONDUCTING INSPECTION IN THE
INSTITUTION OF THE MEMBERS PETITIONERS AND ETC.
IN W.P.NO.32185/2024
BETWEEN
THE KARNATAKA STATE ASSOCATION
OF THE MANAGEMENT OF NURSING AND ALLIED
HEALTH SCIENCE INSTITUTIONS
HAVING ITS REGISTERED OFFICE AT
NO.7380, DADAPEER LAYOUT, NH-4,
NELAMANGALA, BANGALORE - 562123
REPRESENTED BY ITS PRESIDENT
SRI.S.SHIVAKUMAR.
...PETITIONER
(BY SRI. M.S. SHYAM SUNDAR., SR. ADVOCATE FOR
SRI. KRISHNA T. ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
MEDICAL EDUCATION M.S.BUILDING,
BANGALORE -560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER,
PLOT NO.2, COMMUNITY CENTER, OKHLA PHASE-I,
NEW DELHI-110002
REPRESENTED BY ITS PRESIDENT
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560001
REPRESENTED BY ITS REGISTRAR
4. THE KARNATAKA STATE NURSING COUNCIL
ANAND RAO CIRCLE,
BANGALORE 560009
REPRESENTED BY ITS REGISTRAR.
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RESPONDENTS
(BY SMT. MAMATHA SHETTY., AGA FOR R1;
SRI. SHIVA RUDRA., ADVOCATE FOR R2;
SMT. MAMATHA G. KULKARNI., ADVOCATE FOR R3;
SMT. JYOTHI M. MARADI., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE
WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF
CERTIORARI QUASHING THE IMPUGNED COMMUNICATION DATED
5.11.2024 BEARING REF NO.AA.SA.PA.SUM: MD 555 MSF 2024,
ISSUED BY RESPONDENT NO.1 PRODUCED HEREWITH AS
ANNEXURE-B AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS AND
HAVING BEEN RESERVED FOR ORDERS ON 27.03.2025, THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CAV ORDER
1. The Petitioners in W.P. No.32106/2024 is before this
court seeking for the following reliefs:
a) Issue an order or direction or writ in the nature of
mandamus restraining the Respondent No.1 from
conducting inspection in the institution of the members
Petitioners.
b) Issue an order or direction or writ in the nature of
mandamus quashing Annexure-A order issued by
Respondent No.1.
c) Grant such other relief that this Hon'ble court may deem
fit in the facts and circumstances of the case.
2. The Petitioners in W.P. No.32185/2024 is before this
court seeking for the following reliefs:
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a) Issue appropriate writ, order or direction in the
nature of writ of certiorari quashing the impugned
communication dated 5.11.2024 bearing Ref
No.AA.Sa.Pa.Sum: MD 555 MSF 2024, issued by
Respondent No.1 produced herewith as ANNEXURE-
B.
b) Declare that the Deputy Commissioner and the
committees constituted under his guidance and
supervision is not competent to inspect the Nursing
Institutions as the same is in violation of the
statutory enactments namely the RGUHS Act and the
Indian Nursing Council Act.
c) Grant such other relief's as this Hon'ble Court would
be pleased to grant in the circumstances of the case,
in the interest of justice and equity.
Facts in WP 32185/2024:
3. The above petition has been filed by the Karnataka
State Association of the Management of Nursing and
Allied Health Science Institutions, which is a
registered body comprising of the Management of
Nursing and Allied Health Science Institutions. The
above petition has been filed espousing the cause of
Nursing Institutions in the State of Karnataka. The
Petitioners claim to be aggrieved by a communication
dated 5-11-2024, addressed by the Principal
Secretary, Family and Welfare Department, to
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Respondent No.1-Deputy Commissioner, Bangalore
Urban District, [not made a party] directing
inspection of through the Deputy Commissioner of
the respective districts where the Nursing Institutions
are situated, enclosing the list of Nursing subject
experts and list of Nursing Institutions to be
inspected. Such communication is also stated to have
been issued to the Deputy Commissioners of all the
districts in the State of Karnataka.
4. Sri.T.Krishna, learned Counsel for the Petitioners,
would submit that,
4.1. In a meeting held on 2-9-2024 by the Hon'ble
Minister of Medical Education to verify the
standards of Nursing education and the
infrastructure of Nursing Institutions, the
Hon'ble Minister was of the opinion that
inspection of Nursing Institutions would have to
be carried out through the Deputy
Commissioners to ascertain if all the
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requirements and the relevant laws have been
complied with or not.
4.2. The Deputy Commissioner does not have any
wherewithal; he does not know the intricacies
and nuances of the functioning of Nursing
Institutions, and as such, he would not be a
competent person to carry out such inspections
even with the assistance of Nursing experts as
indicated in the said letter. He submits that
there are specialised agencies which have been
established for such purposes. All Nursing
colleges and allied Health Sciences Institutions
and schools are started after obtaining requisite
permission from the concerned State
government. Affiliation is granted by the state
Nursing council and thereafter the University
within whose jurisdiction the Institution is
located in the State of Karnataka by the Rajiv
Gandhi University of Health Sciences ['RGUHS'
for brevity].
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4.3. He submits that there are periodic inspections
conducted by the specialised institutions like
the RGUHS, the Karnataka State Nursing
Council ['KNC' for brevity], Indian Nursing
Council ['INC' for brevity] etc.,. Any defects
and or deficiencies, if pointed out by the said
specialised Institutions, will be rectified by the
Nursing college and or Allied Health Sciences
Institutions. His submission is that RGUHS, INC
and KNC play a pivotal role in the sanction,
administration and supervision of Nursing
Institutions.
4.4. In the State of Karnataka, such Nursing
Institutions are established under the
Karnataka Nurses, Midwives and Health Visitors
Act 1961 (hereinafter for brevity referred to as
"KNM Act"), under which the KNC has been
established. Insofar as the Indian Nursing
Council is concerned, the same is established
under the Indian Nursing Council Act 1947
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(hereinafter for brevity referred to as "INC
Act") and RGUHS is established under the Rajiv
Gandhi University of Health Sciences Act, 1994
(hereinafter for brevity referred to as "RGUHS
Act") and it is thereafter that State government
grants recognition to the Institution.
4.5. If any Nursing Institution is not functioning in
accordance with the Rules and regulations
specified by RGUHS, KNC and INC and or if
they do not have the requisite infrastructure or
teaching faculty and or do not comply with the
requirements of the affiliation, the affiliation so
granted can be withdrawn.
4.6. It is these three Institutions, who have the
wherewithal to assess the requirements of a
Nursing College, Nursing Institution or Nursing
School, and they have been discharging their
duties. There being no allegation against
RGUHS, INC or KNC as regards the discharge of
their respective duties, the Hon'ble Minister of
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Medical Education could not have sought for
verification of the standards by conducting an
inspection through the Deputy Commissioner.
4.7. The requirements for the Nursing College,
Nursing Institution or Nursing School having
been specified by the RGUHS, INC and KNC,
there is no particular requirement specified by
the Deputy Commissioner or the State
Government requiring any adherence to any
requirement of the State Government.
4.8. There are more than 650 Nursing Institutions in
the state of Karnataka which cannot be
inspected by the Deputy Commissioners. He
reiterates that the Deputy Commissioner is not
qualified to do so. He submits that a similar
exercise was sought to be carried out in the
year 2021 by the members of the Legislative
Council. The Petitioners-Association had
approached this court challenging the same in
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W.P. No.9456/2022 when such an exercise was
stayed by this court.
4.9. Ultimately the same came to be dismissed vide
order dated 11.08.2022 by rejecting the
challenge made to the said committee. This
court held that the committee would have the
power to take evidence and call for papers,
records and documents for the purpose of its
study. This court further held that the
committee had the power to visit the Nursing
colleges to study whether they are functioning
in accordance with law or not, but, however,
caveated the same by holding that in the
process of studying the functioning of Nursing
colleges, the committee members cannot be
permitted to harass the Institutions, and their
visit should be strictly limited to study, collect
evidence as to whether the institutions are
subscribing to the prescribed standards and the
said committee cannot threaten any legal
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action or issue any type of directions to the
Nursing council. It further directed that the visit
should be done during office hours with due
prior intimation to the colleges only for the
study of the functioning of the colleges and not
to supervise or perform the function of
authorities, like the INC, KNC or RGUHS. If any
action were proposed to be taken by the
committee, it ought to be taken up with those
Institutions, who could take up the matter
further.
4.10. The Petitioners Association took up the same in
an appeal in W.A. No.839/2022 when the
Division Bench of this court vide order dated
6.01.2023 dismissed the appeal, confirming the
order passed by the single Judge. The
Petitioners Association preferred a Special
Leave Petition in SLP No. 23948 of 2023, the
Hon'ble Apex Court had stayed the operation of
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the orders. He submits that the said Special
Leave to Appeal is still pending consideration.
4.11. His submission is that when the inspection
proposed to be conducted by members of the
Karnataka State Legislative Council has been
stayed by the Hon'ble Apex Court and the
matter is pending adjudication by the Hon'ble
Apex Court, the present exercise undertaken by
the Hon'ble Minister through the Deputy
Commissioners is more or less similar, and as
such, this court ought to set aside the said
inspections also.
4.12. His submission is also that the process of
affiliation and disaffiliation of a Nursing
Institution is covered by the RGUHS Act and it
is for the University to regulate, monitor and
standardize the curricula as well as the
evaluation system, which cannot be done by
the deputy commissioner. Inspections being
conducted by the Authorities concerned on an
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annual basis, the inspection by the Deputy
Commissioner would be a duplicate
unwarranted inspection, putting at jeopardy the
interest of the Institution and the students.
4.13. He submits that Section 13 of the Indian
Nursing Council Act, 1947 deals with inspection
and provides the manner and methodology of
inspections, there being specialized inspectors
who are appointed in that regard. As regards
affiliation, he submits that Section 45 of the
RGUHS Act, 1994 deals with the same.
4.14. Lastly, he submits that the Nursing Institutions
within the State of Karnataka have a high
reputation across the country. There are
students from across the country who come to
study in Karnataka due to the standards
maintained by the Institutions in the State of
Karnataka and therefore, the action on part of
the Hon'ble Minister is completely unwarranted
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and on that basis, he submits that the writ
petition is required to be allowed.
5. Sri.Shamsundar.M.S, the Senior Council, appearing
for the Petitioners in W.P. No.32106 of 2024, submits
that,
5.1. The Petitioners in the above petition is the
Karnataka State Private Management
Association of Health Institution and has
amongst its members, colleges who are
recognised and affiliated for B.Sc. Nursing, as
also General Nursing and Midwifery Institutions.
5.2. He also reiterated the submission made by Sri
T. Krishna, learned counsel for the Petitioners
in W.P. No.32185/2024.
5.3. His further submission is that the respective
Institutions obtained affiliation or permission,
as the case may be, from the concerned
Institutions and admit eligible students and
conduct academic activities for the benefit of
society. He submits that the action on part of
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Respondent No. 1 to direct inspection is
arbitrary, jeopardizes the education, career and
future growth of the students, as also the
functioning of the members of the Petitioners.
5.4. In that background, he submits that the reliefs
sought for are required to be granted.
6. Ms.Mamata Shetty, learned AGA, appearing for the
state, would submit that,
6.1. The Institutions submit applications online to
RGUHS for starting new Nursing colleges. The
said applications would be processed by
RGUHS, local inspection conducted by teams
appointed by RGUHS as per the INC guidelines
and the inspection will be presented to the
syndicate meeting of RGUHS. Thereafter, the
RGUHS sends the proposals to the Government,
which will be presented before the High Power
Committee, which reviews the proposal and
approves the same.
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6.2. She submits that Institutions and deemed
Universities submit applications to the
Government or to the Directorate of Medical
Education, like a DME directly. These
applications will be processed by the DME and
the Institutions inspected by the DME or a team
appointed by DME as per INC guidelines. These
inspection reports will thereafter be submitted
to the syndicate of the RGUHS. The
recommendation of RGUHS would be submitted
to the Government which will be presented
before the High Power Committee, which will
review the proposals and approve the same and
pass orders thereon.
6.3. She submits that insofar as Nursing schools are
concerned, applications are made online
through the Karnataka State Diploma in
Nursing and Examination Board, which schools
will be inspected by the Special Officer Nursing
And Medical Education [Regulatory] Authority
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or expert team appointed by the special officer
as per the INC guidelines and the
recommendation will be submitted to the
government which will be placed before the
Higher Power Committee which will pass orders
accordingly.
6.4. Thus, she submits that whether it is for
establishment of Nursing colleges or Nursing
schools, it is finally the High Power Committee
which will consider the proposal and sanction
the same and pass orders on the same. Thus,
the claim of the Petitioners that, it is RGUHS,
INC and KNC alone who are in-charge of the
administration of Nursing colleges and schools
is misconceived. It is the State Government
which decides on the approval of the
establishment of Nursing colleges and schools.
6.5. She submits that colleges not functioning
properly, complaints have been received from
the general public and students about the lack
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of basic facilities and it is these complaints
which were considered in the review meeting
held under the chairmanship of the Hon'ble
Minister of Medical Education, the Special
Officer K.S.D. N.E.B. had suggested that
inspection of Nursing schools and colleges could
be conducted every five years in the interest of
students and action would be taken if lapses
were found.
6.6. The Hon'ble Minister, she submits, observed
that it is necessary to provide quality education
to students and directed a circular to be issued
to the District Commissioners to inspect the
Nursing schools and colleges to obtain
information from all such Nursing schools and
colleges regarding facilities being provided and
as such, a letter on 5-11-2024 came to be
issued requesting the Deputy Commissioners to
conduct the inspection.
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6.7. She relies on Section 20 and 22 of the KNM Act
which are reproduced hereunder for easy
reference:
"20. Licensing authority to exercise general
supervision.- (1) Subject to the provisions of
this Act and the rules and by-laws made in this
behalf, every licensing authority shall
exercise general supervision and control
over the nurses, midwives, auxiliary nurse-
midwives, and health visitors practising
within the area under its jurisdiction.
(2) The licensing authority may authorise any of
its officers to perform any of the duties and to
exercise any of the powers conferred on it by this
section and section 21.
22. Regulation of nurses establishments.- (1)
No person shall carry on any nurses
establishment, except under a licence
granted by the licensing authority and in
accordance with the terms and conditions
approved by the Council and specified in such
licence.
(2) Any person who desires to carry on any
nurses establishment shall apply to the
licensing authority for a licence before such
date, in such manner and in such form as
may be prescribed. He shall along with the
application pay to the licensing authority the
prescribed fee, half of which shall be refunded to
him if the licence is not granted.
(3) The licensing authority may before granting
such licence impose such additional
conditions as it may think fit for securing the
proper conduct of the establishment.
(4) The licensing authority may, after giving an
opportunity to the person concerned of being
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heard, refuse to grant any licence or revoke any
licence already granted, if,-
(i) the applicant or the holder of the licence
is below twenty-one years or is in its
opinion not a suitable person to hold
such licence; or
(ii) the premises of the establishment
are not suitable; or
(iii) any offence under this section has been
committed in respect of the
establishment.
(5) Any person aggrieved by any of the conditions
imposed by the licensing authority or by the refusal or
revocation of any licence may appeal within ninety days of
such imposition, refusal or revocation to the State
Government. The memorandum of appeal shall be
accompanied by such fee as may be prescribed. The
decision of the State Government on such appeal shall be
final.
(6) The licensing authority may authorise any of its
officers to perform any of the duties conferred on it by this
section.
(7) Any officer duly authorised by the
licensing authority in this behalf may at all
reasonable times enter the premises specified in any
licence or application for licence or any premises
which are used, or which the officer has reasonable cause
to believe are used, for the purpose of, or in connection
with, the nurses establishment and inspect the premises
and any records relating to such establishment as may be
kept thereon.
(8) The Council may also exercise the powers of
entry and inspection conferred by sub-section (7) through
any of its officers authorised by it in this behalf. If the
Council is of opinion that in any case the licence
should be refused or revoked it shall report the
matter to the State Government. On receipt of such
report, the State Government may after consultation
with the licensing authority or after making such
inquiry as it deems fit, and after giving an
opportunity to the person concerned of being heard
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pass orders refusing or revoking the licence. Such
orders shall be final.
(9) Any person who contravenes the provisions of
sub-section (1) shall, on conviction, be punished with fine
which may extend to two hundred and fifty rupees for the
first offence and for any subsequent offence with fine
which may extend to five hundred rupees or with simple
imprisonment for a term which may extend to six months
or with both.
(10) Any person who refuses any duly
authorised officer of the licensing authority or any
such officer of the Council to enter or inspect any
premises or to inspect any records under sub-section (7)
or (8), as the case may be, or obstructs such officer in the
exercise of his aforesaid powers shall, on conviction, be
punished with fine which may extend to fifty rupees for
the first offence and for any subsequent offence with fine
which may extend to one hundred rupees or with simple
imprisonment for a term which may extend to three
months or with both.
(11) Any person who makes or causes to be made
or knowingly allows to be made any entry in a record to be
kept under this section, which he knows to be false in any
material particular for any of the purposes of this Act or
who makes, produces, furnishes or knowingly allows to be
made, produced or furnished any statement, record or
information which he knows to be false in any material
particular for the purpose of obtaining a licence under this
section or for any other purposes of this Act shall, on
conviction, be punished with fine which may extend to two
hundred and fifty rupees for the first offence and for any
subsequent offence with fine which may extend to one
thousand rupees or with imprisonment for a term which
may extend to six months or with both.
(12) (i) If the person committing an offence under
this section is a company, the company as well as every
person in charge of, and responsible to, the company for
the conduct of its business at the time of the commission
of the offence shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished
accordingly:
Provided that, nothing contained in this sub-section
shall render any such person liable to any punishment if
he proves that the offence was committed without his
knowledge or that he exercised all due diligence to
prevent the commission of such offence.
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(ii) Notwithstanding anything contained in clause
(i), where an offence under this section has been
committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any
neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.- For the purposes of this sub-section,-
(a) "company" means any body corporate and
includes a firm or other association of individuals,
and
(b) "director" in relation to a firm means a partner
in the firm."
6.8. By relying on Section 20, she submits that
Section 20 of KNM Act provides for licensing
authority to exercise general supervision. The
licensing authority, in the case of Municipal
areas is the Municipal Corporation or the
Municipal Council or the Municipal Authority.
The State Government may by a notification
also provide for any other Authority to be
licensing authority, as such, she submits that it
is not only the RGUHS, INC or KNC, but the
licensing authority who can exercise general
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supervision and control over nurses, midwives,
etc., within supervisory control.
6.9. Relying on Section 22 she contends that
Nursing establishments would also be governed
and regulated by licensing authority. For any
Nursing college or school to be established,
apart from affiliation with the RGUHS, INC or
KNC, a license is required to be obtained from
the licensing authority. The licensing authority
is entitled to impose such additional conditions
as it may deem fit for securing proper conduct
of the establishment. In terms of Subsection
(7) of Section 22, she submits that any officer
authorized by licensing authority may at all
reasonable times enter the premises specified
in any license or application for license or any
premises which are used or which the officer
has reasonable cause to believe are used for
the purposes of or in connection with the
Nurses' establishment. Thus, she submits that
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the licensing authority can cause such
inspections.
6.10. She relies on Section 8 of the Karnataka Land
Revenue Act, 1964 to contend that it is the
Deputy Commissioner in the District who can
exercise all the power and discharge all the
duties conferred upon him under the Act and
thus, she submits that the Deputy
Commissioner would be akin to a licensing
authority who can exercise powers under
Section 8, Section 20 and Section 22 to conduct
inspection of Nursing colleges and Nursing
schools. Therefore, the direction issued by the
Hon'ble Minister in a review meeting while
considering the complaints is proper and
correct and does not require any interference.
Section 8 of the Karnataka Land Revenue Act,
1964 is reproduced hereunder for easy
reference:
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8. Deputy Commissioner.--(1) The State
Government shall by notification, appoint
for each district a Deputy Commissioner,
1 [who shall be subordinate to the
Regional Commissioner] 1 1. Inserted by
Act 17 of 2007 w.e.f. 5.1.2007. (2) The
Deputy Commissioner shall in his district
exercise all the powers and discharge all
the duties conferred and imposed on him
under this Act or under any law for the
time being in force. He may also exercise
such powers and discharge such duties as
are conferred and imposed on an
Assistant Commissioner under this Act or
under any other law for the time being in
force, and in all matters not specially
provided for by law, he shall act
according to the instructions of the State
Government.
6.11. By relying on Section 8, her submission is that
the Deputy Commissioner shall in his district
exercise all powers and discharge all duties
conferred and imposed on him under the Act.
6.12. Her further submission is that the Deputy
Commissioner alone would not be visiting and
carrying out the inspection. The Deputy
Commissioner would be accompanied by a
subject expert, who could make their
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observation and apprise the Deputy
Commissioner, who would submit the report.
The State Government vide order dated 5-11-
2024 has taken a policy decision to formulate
special task force of RGUHS, KNC and the
Nursing and Paramedical Board. This policy
decision cannot be subject to judicial review
and as such, she submits that the writ petition
is required to be dismissed.
7. Sri Shivarudra, learned counsel appearing for the INC
would submit that,
7.1. The INC had been established under the INC
Act, to establish a uniform standard of training
for nurses, midwives and health visitors. He
submits that Section 13 of the said Act provides
for inspection in pursuance thereof, the
executive committee of INC can appoint such
number of inspectors as deemed necessary to
inspect any Institution recognized as a training
Institution, and such inspectors can report to
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the Executive Committee on the suitability of
the Institution for the purpose of training.
7.2. The Executive Committee, upon receipt of the
inspection report, shall forward the same to the
Central Government and to the State
Government, and the State Council in which the
Institution is situated. He therefore submits
that inspections are conducted by the INC and
the reports are sent to the KNC, as also to the
RGUHS and sometimes to the State
Government.
8. Ms. Jyoti Maradi, learned counsel appearing for the
KNC would submit that,
8.1. The KNC provides for registration of nurses,
auxiliary midwives nurses and health visitors.
She also reiterates that under Section 20, the
Licensing Authority can exercise general
supervision over nurses, midwives, auxiliary
nurses, midwives and health visitors and under
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Section 22, regulation of Nursing establishment
has been provided.
8.2. She submits that insofar as KNC is concerned,
KNC is discharging its duties in a proper
manner.
9. Ms.Mamatha G.Kulkarni, learned counsel appearing
for the RGUHS submits that RGUHS is monitoring the
requirements under the RGUHS Act insofar as
Nursing colleges and the schools concerned and
necessary action is being taken in case of default on
part of the Nursing Institutions/colleges.
10. Heard Sri.Krishna.T, learned counsel for the
Petitioners in W.P. No.32185/2024, Sri
M.S.Shyamsundar, learned Senior Counsel for the
Petitioners in W.P. No.32106/2023, Ms.Mamatha
Shetty, learned AGA for the State, Sri. Shivarudra,
learned counsel for INC, Ms.Jyothi Maradi, learned
counsel for KNC and Ms.Mamatha G. Kulkarni,
learned counsel for RGUHS. Perused papers.
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11. The points that would arise for determination in the
present matters are;
1. Whether the State Government can
direct the inspection of Nursing
colleges or Institutions by the Deputy
Commissioner or are such inspections
to be conducted only by RGUHS, INC or
KNC?
2. What order?
12. ANSWER TO POINT NO.1: Whether the State
Government can direct the inspection of
Nursing colleges or Institutions by the Deputy
Commissioner or are such inspections to be
conducted only by RGUHS, INC or KNC?
12.1. Many submissions have been made by the
Petitioners stating that there are expert bodies
like RGUHs, INC and KNC who regulate Nursing
colleges and Nursing schools and as such, these
specialized bodies discharging their functions
effectively, there being no complaint against
them, the question of the Honorable Minister
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directing the Deputy Commissioner to conduct
inspection would not arise.
12.2. Per contra, the submission made by the State is
that in terms of Section 20 and 22 of Act of
1961, a licensing authority can carry out any
inspection of any Nursing Institution and also
monitor the nurses registered under the said
Act. It is on that basis it is contended that there
being complaints as regards the working of
Nursing colleges/schools, the Deputy
Commissioner was called upon to carry out
inspection.
12.3. None can dispute the requirement that
educational Institutions perform their
obligations and provide the necessary
infrastructure for the students. None can
dispute that Karnataka is regarded as an
education hub where students from other
States come to avail education. It is also trite
that there are several complaints which are
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received from the students and or the parents
as regards the functioning of colleges in
general, Nursing colleges and Nursing schools,
in particular. These complaints are made in a
manner so as to depict as if the Government
has not performed its obligation, requiring
action to be taken. When such complaints are
made, the legal niceties of specialized agencies
like RGUHS, INC or KNC being available is not
taken into consideration by such complainants
since they probably are not aware of the same.
It is probably on account of this that the
Hon'ble Minister felt the need to direct the
Deputy Commissioner to conduct the inspection
of the Nursing colleges/schools so as to
ascertain if the infrastructure provided is proper
and correct and if the colleges are performing
their actions in a proper manner.
12.4. The intent of the Hon'ble Minister may be noble
and proper and in order to protect the interest
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of the students and parents, but, however,
taking into consideration the legal aspects,
these inspections can only be carried out by the
concerned specialised agencies, in case of
Nursing colleges and schools, by the RGUHS,
INC and KNC. Under these Acts, there are
specialized persons with special qualifications
who are appointed as inspectors, who could
carry out such inspections to ascertain whether
all the infrastructure and facilities are provided.
The Deputy Commissioner, even with the
assistance of the specialized agencies, in my
considered opinion, cannot substitute the
specialized agencies like RGUHS, INC and KNC.
12.5. Though a submission has been made by learned
AGA that a policy decision has been taken in
this regard and joint task force of the
representatives of R.G.U.H.S., I.N.C. and
K.N.C. would carry out the inspection, the same
is not clear from the impugned order. The
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impugned order only states that the Deputy
Commissioner shall carry out the inspection
with the assistance of Nursing subject experts.
There is no reference which has been made to
the impugned order dated 5-11-2024 to
experts under R.G.U.H.S., I.N.C. or K.N.C.
Thus, firstly, there is no policy decision which
could be said to have been taken by issuance of
a letter by the Principal Secretary to
Government, Health and Family Welfare
Department for Medical Education on the
instructions of the Hon'ble Minister, nor does
the said letter bear out a joint task force as
contended. Thus, the said letter would have to
be looked upon as an instruction by the
Principal Secretary and not as a policy decision
of the State, the same not qualifying as a policy
decision.
12.6. If the said letter is looked at as an instruction,
then as indicated above, the Deputy
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Commissioner not having any expertise in
educational facilities, the nature of the subject
experts, the qualification thereof, not having
been indicated in the instruction dated 5-11-
2024, I am of the considered opinion that the
said letter is completely arbitrary, the exercise
of powers by the Deputy Commissioner is
unbridled and such inspection is not under any
particular enactment.
12.7. Though reference has been made by
Ms.Mamata Shetty, learned AGA to Section 20
and 22, the impugned order does not reflect
the said provisions nor is the power exercised
under the said provisions. Thus, the arguments
advanced before this court, in my considered
opinion, can only be said to be an afterthought.
In that view of the matter, the impugned order
not being a policy decision, not having been
passed under Section 20 or 22 of KNM Act, as
indicated above, is only a direction issued by
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the Principal Secretary to the Deputy
Commissioner.
12.8. Of course, if the order had been issued under
Section 20 and 22 of the KNM Act, which is
reproduced hereinabove, the licensing authority
can exercise general supervision and control
over the Nurses, Midwives, auxillary nurse and
midwives under Section 20, as also regulate
Nurses establishment under Section 22. The
licensing authority under Section 22 of KNM
Act would have the right to impose additional
conditions than that imposed by KNC, INC and
RGUHS and the licensing authority could
monitor the compliance with the said additional
conditions and for that purpose could enter
upon the premises specified in licence. Of
course, this power under Section 22 would only
extend to the additional conditions imposed by
the licensing authority over and above the
conditions imposed by KNC, INC and RGUHS.
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The licensing authority would not have any
authority to seek for compliance of the
conditions imposed by KNC, INC and RGUHS,
which will be the sole prerogative of those
Institutions and not of the licensing authority.
12.9. The object sought to be achieved by the Hon'ble
Minister and the Principal Secretary are indeed
what is required to be done to protect the
interest of students, on enquiry with
Sri.Shivarudra, as indicated above, he has
submitted that the INC is carrying out
necessary inspection from time to time. On
enquiry with Ms. Jyoti Maradi, learned counsel,
appearing for KNC, she submitted that KNC also
carries out inspections from time to time.
Similar is the submission made by Smt.Mamtha
G.Kulkarni, learned Counsel appearing for
RGUHS. If that were being so done, then the
question of another set of inspections to be
carried out by the Deputy Commissioner would
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not only be a duplicitous effort but, in the
present case, could be the fourth such
inspection.
12.10. On enquiry as to whether these inspection
reports are uploaded on any website and made
available to all the concerned, as also for
viewing by the students and parents before
seeking admission, the Counsels for INC, KNC
and RGUHS submit that there is no such system
which has been put in place.
General Directions
12.11. In that view of the matter, I am of the
considered opinion that general directions
would have to be issued to these authorities. As
such, the following general directions are
issued:
1. Indian Nursing Council: The INC is
directed to set up a web portal where all the
inspection reports are uploaded by the INC,
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State wise, district wise and college-wise, as
regards all aspects which come under the
administrative supervision of the INC. INC is
also directed to provide necessary
Application Programming Interface (APIs) to
RGUHS, KNC and the Health and Family
Welfare Department to automatically access
the data uploaded by INC on its website with
reference to the particular
college/school/Institution.
2. Karnataka Nursing Council: The KNC is
directed to set up a web portal where all the
inspection reports are uploaded by the KNC
college-wise, as regards all aspects which
come under the administrative supervision of
the KNC. KNC is also directed to provide
necessary Application Programming Interface
(APIs) to RGUHS, INC and the Health and
Family Welfare Department to automatically
access the data uploaded by KNC on its
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website with reference to the particular
college/school/Institution.
3. RGUHS: The RGUHS is directed to set up a
web portal where all the inspection reports
are uploaded by the RGUHS college-wise, as
regards all aspects which come under the
administrative supervision of the RGUHS.
RGUHS is also directed to provide necessary
Application Programming Interface (APIs) to
INC, KNC and the Health and Family Welfare
Department to automatically access the data
uploaded by RGUHS on its website with
reference to the particular
college/school/Institution.
4. The above information, data and inspection
reports, as regards the infrastructure facility
at each of the colleges, schools, Institutions,
as also all licenses, sanctions, etc., issued by
the concerned authority would have to be
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uploaded onto the websites of the respective
Universities.
5. The details of any litigations that the
particular education Institution is involved
are to be uploaded.
6. A detailed project report by each of the
above organizations to be submitted within a
period of six weeks from today from date of
receipt of a certified copy of this order.
7. The details of any complaints received by the
INC, KNC and RGUHS to be uploaded on
their respective web portal with an option to
submit an online grievance by any student,
parent or teacher/lecturer to be also made
available, on the said portal.
8. A grievance redressal mechanism to be also
established in this regard by the authority
concerned.
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13. ANSWER TO POINT NO. 2: What Order?
13.1. In view of my answer to Point No.1 above, I
pass the following:
ORDER
i. The writ petition in W.P. No.32185/2024 is allowed. A certiorari is issued and communication bearing reference No.Aa.Sa.Pa.Sum:MED 555 MSF 2024 dated 5.11.2024 at Annexure-B issued by Respondent No.1 is quashed.
ii. The writ petition in W.P. No.32106/2024 is allowed in view of the quashing of the said communication in W.P. No.32185/2024, no orders are required to be passed in W.P. No.32106/2024.
iii. Liberty is reserved to forward the complaint received by the State Government or any authority under the State Government to RGUHS/INC/KNC who shall take action thereon as expeditiously as possible, keeping such authority informed of such action.
iv. Liberty is also reserved to the Licencing authority to take such action as is permissible for violation of the licence.
v. Though both the above petitions are disposed of, relist on 15.07.2025 at
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Sd/-
(SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 37