Telangana High Court

WP/25964/2008 of Tirumala College of Nursing Vs Dr. N.T.R. University of Health Sciences on 31 December 2008

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25964 of 2008 Between: Tirumala College of Nursing Rep. by its Secretary, Smt. S.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON’BLE SRI JUSTICE C.V. RAMULU

WRIT PETITION No.25964 of 2008

Between:

Tirumala College of Nursing Rep. by its Secretary, Smt. S. Padmavathi, Bardipur Village, Dichpally Mandal,Nizamabad District.

..... PETITIONER

AND

1 Dr. N.T.R. University of Health Sciences Rep. by its Registrar Vijayawada, Krishna District.

2 Indian Nursing Council Rep. by its Registrar New Delhi.

3 Government of Andhra Pradesh

Rep.by its Principal Secretary to Government Health, Medical A.P. Secretariat, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction, more particularly one inthe nature of Writ of Mandamus by declaring the action of the 1strespondent in rejecting the case of the petitioner for grant of affiliation forM.Sc., (Nursing) course for academic year 2008 - 2009 vide proceedingsLr.No.3312/A6/M.Sc(N)/07, dated 10/11/2008 of the 1st respondent asarbitrary and illegal and consequently set-aside the same andconsequently direct 1st respondent to grant affiliation to the petitioner.

Counsel for the Petitioner: MR.S.SATYAM REDDY

Counsel for the Respondent No.1: MR.D.V.NAGARJUNA BABU

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Counsel for the Respondent No.2: MR.P.A.V. BALA PRASAD

Counsel for the Respondent No.3: G.P. FOR MEDICAL ANDHEALTH

The Court made the following :

ORDER:

This writ petition is filed complaining that the first respondent-University rejected the case of the petitioner for grant of affiliation forM.Sc. (Nursing) course for academic year 2008-09 vide proceedingsdated 10.11.2008, without therebeing any reason for doing so.

The learned counsel for the petitioner stated that on 14.10.2008the first respondent - University rejected the case of the petitioner on oneground and further improved its case by an order dated 22.10.2008.

According to the petitioner, it has a 100 bed hospital at a distanceof less than 30 kilometers from the college and once the permission hasalready been granted for running B.Sc (Nursing) course at the sameplace and the hospital is located elsewhere, the first respondent couldnot have taken the same ground for rejecting the case of the petitioner.

However, the learned counsel appearing for the first respondent-University states that unless an exemption is granted by theGovernment, the University cannot consider the application filed by thepetitioner seeking affiliation for M.Sc Nursing Course.

Under those circumstances, the petitioner is directed to file anappropriate application before the third respondent, within a period ofone week from today, and the third respondent shall consider anddispose of the same as per law, within a period of two weeks thereafter.

The writ petition is accordingly disposed of.

_______________C.V. Ramulu, J

Date:31.12.2008Note: Furnish CC in three daysB/o.va

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