1

*HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

+WRIT PETITION Nos.10655/2024 & 25920/2024

+WP No.10655/2024

Between:

#Sangamitra Educational Society ...PETITIONER

AND

$State Of Andhra Pradesh and Others ...RESPONDENT(S)

JUDGMENT PRONOUNCED ON 13.03.2025

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

1. Whether Reporters of Local newspapers

may be allowed to see the Judgments?

- Yes -

2. Whether the copies of judgment may be marked to Law

Reporters/Journals

- Yes -

3. Whether Their Ladyship/Lordship wish to see the fair

copy of the Judgment?

- Yes -

___________________________________

DR.JUSTICE K. MANMADHA RAO

2

* THE HON’BLE DR.JUSTICE K. MANMADHA RAO

+WRIT PETITION Nos.10655/2024 & 25920/2024

% 13.03.2025

# Between:

#Sangamitra Educational Society ...PETITIONER

AND

$State Of Andhra Pradesh and Others ...RESPONDENT(S)

! Counsel for the Petitioner : Sri Kochiri Raja Shekar

Sri K. V. Raghuveer

! Counsel for Respondents: GP for Medical Health & FW

<Gist :

>Head Note:

? Cases referred:

APHC010212402024

IN THE HIGH COURT OF ANDHRA PRADESH

(Special Original Jurisdiction)

THURSDAY ,THE THIRTEENTH DAY OF MARCH

TWO THOUSAND AND TWENTY FIVE

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 10655/2024

WP No.25920/2024 :

Between:

Sangamitra Educational Society

State Of Andhra Pradesh and Others

Counsel for the Petitioner:

1.

KOCHIRI RAJA SHEKAR

Counsel for the Respondent(S):

1.

GP FOR MED HEALTH AND

The Court made the following:

COMMON ORDER:

WP No.10655 of 2024 is filed under Article 226 of the Constitution of

India for the following relief:

“….

to o issue any writ order or direction more particularly one in the nature of

writ declaring theproceedingsin Rc No 2330354/NE/2024 dated 2.4.2024 issued by the

2

nd

respondent in cancelling the clinical training/affiliation permission orders dated

5.2.2024 granted by the 2nd respondent himself without following due process of law

as illegal violation of principles of natural justice and violative of Articles 14 and 19(l)(g)

of the Constitution of India and consequently setaside the said proceedings and

pass…”

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IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY ,THE THIRTEENTH DAY OF MARCH

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 10655/2024 & 25920 /2024

Sangamitra Educational Society

...PETITIONER

AND

State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

KOCHIRI RAJA SHEKAR

Counsel for the Respondent(S):

GP FOR MED HEALTH AND FAMILY WELFARE

The Court made the following:

WP No.10655 of 2024 is filed under Article 226 of the Constitution of

India for the following relief:

o issue any writ order or direction more particularly one in the nature of

writ declaring theproceedingsin Rc No 2330354/NE/2024 dated 2.4.2024 issued by the

respondent in cancelling the clinical training/affiliation permission orders dated

nted by the 2nd respondent himself without following due process of law

as illegal violation of principles of natural justice and violative of Articles 14 and 19(l)(g)

of the Constitution of India and consequently setaside the said proceedings and

IN THE HIGH COURT OF ANDHRA PRADESH

[3310]

THE HONOURABLE DR JUSTICE K MANMADHA RAO

...PETITIONER

...RESPONDENT(S)

WP No.10655 of 2024 is filed under Article 226 of the Constitution of

o issue any writ order or direction more particularly one in the nature of

writ declaring theproceedingsin Rc No 2330354/NE/2024 dated 2.4.2024 issued by the

respondent in cancelling the clinical training/affiliation permission orders dated

nted by the 2nd respondent himself without following due process of law

as illegal violation of principles of natural justice and violative of Articles 14 and 19(l)(g)

of the Constitution of India and consequently setaside the said proceedings and

4

2. WP No.25920 of 2024 is filed under Article 226 of the Constitution of

India for the following relief:

“…..to o issue any writ order or direction more particularly one in the nature of

Writ of Mandamus declaring the action of the 1st respondent in issuing Lr No

2520583/C2/2024 dated 24.09.2024 and 2nd respondent proceedings vide Rc No

2526732/NE/2024 dated 17.09.2024 rejecting the consideration of the petitioner trust

application for issuing NOC for the clinical affiliation with the KIMS Sai Sheshadri

hospital Srikakulam basing on the MOD issued by the KIMS hospital in accordance with

the guidelines issued by the Indian Nursing Council as illegal arbitrary against to the

principles of natural justice and consequently set aside the Lr No 2520583/C2/202 dated

24.09.2024 of the 1st respondent and 2nd respondent proceedingsvide Rc No

2526732/NE/2024dated 17.09.2024by directing the 2nd respondent to issue afresh

orders on the petitioner trust application to issue NOC for the clinical affiliation with the

KIMS Sai Sheshadri hospital Srikakulam and Essentiality Certificate by 1st respondent

and pass…..”

3. As the issue involved in both the writ petitions is one and the same,

they are being taken up for hearing as well as disposed of by way of this

Common Order.

4. Since the facts in both the writ petitions are similar and identical,

therefore WP No.10655 of 2024 is taken as lead case, and the facts therein

hereinafter will be referred to for convenience.

5. Brief facts of the case are that, the petitioner society submitted a

proposal to the 1st respondent to start B.Sc. Nursing course in the name and

style of "Sanghamitra College of Nursing". Accordingly, the petitioner's

proposal was forwarded to the High Power Committee for its reports. Laterthe

High Power Committee having satisfied with the infrastructure being provided

and the teaching and non-teaching staff being appointed, forwarded its

recommendations to the 1

st

respondent to grant essentiality certificate to the

petitioner society. Pursuant to the recommendations, the 1

st

respondent

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issued G.O.Ms.No.34 dated 11.3.2024 granting essentiality certificate for the

petitioner society to start B.Sc Nursing (4 years Degree) Course with intake

capacity of 50 seats per annum. The petitioner has also obtained permission

from KIMS Hospital, Srikakulam vide letter bearing Ref.No.KIMSSSH-

SKLM/HR/72/2024 dated 20.1.2024 for clinical attachment of the students of

the proposed institution. The 2

nd

respondent having satisfied with the clinical

undertaking, issued orders in Rc No.2330354/NE/2024, dated 5.2.2024

accorded permission to the petitioner society for clinical training/affiliation of

the students at KIMS hospital. While the matter stood thus, the 2

nd

respondent

issued proceedings dated 2.4.2024 cancelling the clinical permission orders

dated 5.2.2024 issued by him and also requested the 1

st

respondent not to

consider the proposals of the petitioner. Aggrieved by the same, the present

writ petition came to be filed.

6. This Court vide order, dated 09.05.2024 in WP No.10655/2024 has

granted interim stay of all further proceedings pursuant to the proceedings

dated 02.04.2024 issued by the 2

nd

respondent, for a period of six(06) weeks.

7. The counter affidavit has been filed by the 2

nd

respondent in WP

No.10655 of 2024. While denying the allegations made in the petition, inter

alia, stated that, as per the INC Regulations, one of the prerequisite conditions

to establish Nursing Institution is to have a parent hospital. The Trust/Society

is required to have its own hospital or a hospital owned and controlled by the

Trust, or a hospital managed and controlled by a member of the Trust and

such hospital may function as a parent hospital. In furtherance of the same,

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the trust/society should enter into a MOU with all its members including the

Director of the Hospital who is also a member of the Society. In the present

case, the petitioner society entered an MOU with the Superintendent of KIMS

hospital instead of Director of the hospital and the same is contrary to the

Rules, 1997 and the memo Dt:20-03-2023. It is further stated that, as per Rule

13(ii) Rules, 1997 the permission for affiliation of a Private College of Nursing

shall be given only by the Director of Medical Education, AP and no

Superintendent of the Hospital or any other authority is authorized to issue

such permission. The 1st respondent issued Memo Dt:20-03-2023reaffirming

that the Superintendents of the Hospitals are not competent authority to attach

clinical affiliation. The petitioner herein entered an MOU with the

Superintendent, KIMS and the same is contrary to the Rules, 1997 and the

Memo Dated 20.03.2023. In view of the said discrepancies, the 2nd

respondent rightly cancelled the clinical training/affiliation permission orders

Dated 05-02-2024 by way of proceedings in Rc.No.2330354/NE/2024 dated

02-04-2024. In view of the aforementioned facts and circumstances, the

present writ petition lacks merit and is liable to be dismissed.

8. Reply affidavit has been filed by the petitioner in WP No.10655 of

2024 while reiterating the contents made in the petition, denied the allegations

made in the counter. It is stated thatthe petitioner obtained the NOC/clinical

affiliation from the 2nd respondent vide proceedings dated 5.2.2024 according

clinical training in KIMS Hospital, Srikakulam, basing on the permission

granted by the said hospital authorities. Therefore, the clinical affiliation

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granted by the 2nd respondent is in accordance with the Government Orders

and Memos. Thereafter, the Government issued G.O.Ms.No.34 dated

11.3.2024 granting essentiality certificate to start B.Sc. Nursing course, which

is still in subsistence. None of the authorities raised any dispute with regard to

the clinical training consent given by the KIMS Hospital. It is stated that, the

Superintendent of KIMS hospital, Srikakulam has entered into MoU on behalf

of the hospital for clinical affiliation. The allegation that the Director of KIMS

informed the 1st respondent that they have not given their consent to any

society/trust to consider KIMS as parent hospital is not correct. It is a fact that

MoU was entered into for clinical affiliation only, not to treat the hospital as a

parent hospital. The Superintendent is the head of the hospital administering

its functioning. With regard to consent issued by the Superintendent, it is for

their internal administrative process, whether he was permitted to issue such

consent or not. If the clinical affiliation granted by the 2nd respondent is not

set-aside, the petitioner would suffer hardship and irreparable loss. It is

further stated that the parent hospital is not required to the petitioner society

as the regulation is not applicable to the institutions established by societies.

It is stated that when the 2nd respondent unilaterally issued the impugned

cancellation of clinical training proceedings, the petitioner filed the present writ

petition.

9. Insofar as WP No.25920 of 2024 is concerned, the Director of KIMS

Sai Seshadri Hospital which is a unit of Arunodaya Hospitals Pvt Ltd had

entered into a Memorandum of Understanding (MoU) on 5.3.2024 with the

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petitioner trust. In the said MoU, the said director has agreed as parent

hospital for clinical training of B.Sc for the students admitted into Kashyap

College and School of Nursing under the petitioner trust for a period of 30

years. The Director who had executed the MoU is also a member in the

petitioner trust. The said MoU was also submitted to the 2

nd

and 4

th

respondents for consideration of the same. The 2

nd

respondent, on receipt of

the same, issued by the parent hospital, has to conduct an enquiry and submit

a report recommending for issuance of Essentiality certificate on verifying the

agreement by the petitioner trust with the parent hospital i.e., KIMS hospital

for clinicalaffiliation. It is stated that after enquiry, the 3

rd

respondent submitted

a report to the 2

nd

respondent stating that clinical affiliation given by the

Medical Superintended of KIMS hospital, Srikakulam is invalid. Basing on the

said report, the 2

nd

respondent issued proceedings vide Rc

No233354/NE/2024, dated 02.04.2024 cancelling the permission orders

(NOC) issued vide proceedings dated 5.2.2024 to the said society for clinical

training/affiliation of students at KIMs hospital.

10. The main grievance of the petitioner is that their application for

issuance of NOC for clinical affiliation with KIMS hospital was pending with the

2

nd

respondent from the month of March 2024. The petitioner trust had

addressed a letter to the 2

nd

respondent requesting to issue NOC, then the

2

nd

respondent vide Rc. No. 2526732/NE/2024 dated 17-09-2024 informed the

petitioner trust that it is not possible to consider their request to treat KIMS

hospital, Srikakulam as parent hospital to the proposed Kashyap College and

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School of Nursing under the management of Trust till the WP No. 10655 of

2024 is finalized. Basing on the said proceedings the 1

st

respondent also

addressed a letter to the petitioner trust vide Lr. No. 2520583/C2/2024 dated

24-09-2024 informing that action regarding the issuance of clinical affiliation

with the KIMS hospital will be taken after finalization of the writ petition before

the Hon'ble High Court. The said Writ petition is filed by Sanghamitra

Educational Society challenging the cancellation orders of NOC issued by the

2

nd

respondent and the Hon'ble Court passed interim orders on 09.05.2024

staying the said cancellation orders. Questioning the proceedings dated

24.09.2024 the present WP No.25920 of 2024 came to be filed.

11. The counter affidavit has been filed by the 2

nd

respondent in WP

No.25920 of 2024. While reiterating the contents made in the counter in WP

No.10655 of 2024 stated that the petitioner application's for issuance of

essentiality certificate is not viable due to the interim orders in IA. No.1 of

2024 in WP. No.10655 of 2024 Dt:09-05-2024. The said Writ Petition is

pending for adjudication, which involves determining the legality of the

NOC/permission for clinical affiliation to Sangamitra Educational Society by

attaching KIMS as a Parent Hospital. As per the regulations, one of the

essential conditions is that a hospital cannot simultaneously serve as a parent

hospital for more than one trust or society. In view of the aforementioned facts

and circumstances, writ petition lacks merit and is liable to be dismissed.

12. Heard Sri K. Rajasekhar, learned counsel appearing for the

petitioner in WP No.10655 of 2024 and Sri K.V Raghuveer, learned counsel

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appearing for the petitioner in WP No.25920 of 2024 and learned Government

Pleader for Medical, Health & FW appearing for the respondents.

13. On hearing, Sri K Rajasekhar, learned counsel for the petitioner in

WP No.10655 of 2024 while reiterating the contents made in the petition

argued that the 2

nd

respondent has passed the impugned proceedings basing

on the report dated 28.3.2024 said to have been submitted by the District

Medical &Health Officer (DMHO) Srikakulam on the clinical affiliation of the

petitioner with KIMS hospital, Srikakulam, wherein the DM&HO alleged that

the clinical affiliation given by the Medical Superintendent of KIMS Hospital,

Srikakulam is invalid. It appears that pursuant to the said report, the impugned

proceedings have been passed. He submits that the 2

nd

respondent has not

called for any explanation from the petitioner about the alleged report of the

DM&HO. Without calling for explanation from the petitioner, the 2nd

respondent cannot cancel the permission proceedings unilaterally. He further

submits that the report said to have been submitted by the DM&HO is behind

the back of the petitioner. Learned counsel further submits that KIMS

Hospital granted permission on 20.1.2024, which was verified by the DM&HO

with his check list dated 22.1.2024, therefore, the 2nd respondent ratified the

said permission through his proceedings dated 5.2.2024. Pursuant to these

proceedings, the High Power Committee forwarded its recommendations and

in turn the 1st respondent granted essentiality certificate through

G.O.Ms.No.34, dated 11.3.2024. He further submits that the petitioner has

obtained the building on lease, provided the required infrastructure and

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engaged the staff both teaching and non-teaching. At this juncture, if the

clinical permission granted by the 2nd respondent is cancelled unilaterally by

himself, would cause hardship and irreparable loss to the petitioner. In fact the

Medial Superintendent of the hospital is the competent in managing and for

smooth functioning of the hospital. Therefore, the impugned proceedings of

the 2

nd

respondent is illegal and violation of principles of natural justice.

14. On the other hand, Sri K.V. Raghuveer, learned counsel appearing

for the petitioner in WP No.25920 of 2024 also while reiterating the contents

made in the petition, argued that, the 1st respondent earlier had issued a

memo No. 2024902/C2/2023-2 dated 20-03-2023 directing the 2nd

respondent to issue instruction that no Superintendent of the Hospital or any

other authority is authorized to issue clinical affiliation to the institutions

proposed for establishment of Nursing School/College. He submits that the

petitioner trust had obtained MOU directly from the Director of the KIMS

hospital who is also the member of the petitioner trust. When the petitioner

trust had complied with all the requirements for issuance of NOC

recommending for giving Essentiality Certificate for clinical affiliation of the

petitioner trust with the KIMS hospital on the reason that a writ petition is

pending which is not related to for consideration of writ petitioner application

for issuing NOC is illegal, arbitrary and in violation of the guidelines issued by

the Indian Nursing Council.

15. Sri K.V. Raghuveer, learned counsel for the petitioner trust further

submits that the petitioner trust had developed infrastructure for establishing

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the Kashyap College and School of Nursing in Srikakulam, KIMS hospital as

the parent hospital by investing huge amounts to start college from the

present academic year 2024-2025. Learned counsel mainly contended that

the 2nd respondent issued revised Schedule notification dated 29-10-2024

calling for payment of registration fee and online submission of application for

the academic year 2025-2026 for admission process of students into General

Nursing and Midwifery Training Course (GNM) (Male & female) up to

20.11.2024 and that the selection process should be completed by 30.11.2024

for Govt. schools and private schools by the 3rd respondent and that the

classes would commence from 2nd December, 2024. Until the NOC is issued

by the 2nd respondent, the 1st respondent will not issue Essentiality

Certificate. He submits that, after obtaining Essentiality Certificate, Indian

Nursing Council, Andhra Pradesh State Nursing Council and NTR Health

University will inspect the College to grant permissions and affiliation for

commencing the Nursing college by admitting the students. The petitioner

trust had started the process of establishing the Nursing College from the

month of November 2023 but due to inaction of the 2nd respondent in proper

consideration as per the Rules the same is getting delayed. Therefore,

learned counsel for the petitioner requests this Court to issue a direction to the

2

nd

respondent to pass an order afresh on the petitioner trust application

without taking into consideration of the pending of writ petition 10655 of 2024,

pending disposal.

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16. Per contra, learned Government Pleader appearing for the

respondents argued that the Director of KIMS vide email dated 14.3.2024

informed the 1

st

respondent that they have not given their consent to any

society/trust to consider KIMS as parent hospital and upon verifying the same,

it was learnt that the Superintendent gave clinical affiliation. He submits that,

in view of discrepancies, the 2

nd

respondent cancelled the clinical affiliation

vide orders dated 2.4.2024. Aggrieved by the same, Sangamitra Educational

Society filed WP No.10655 of 2024 before this Court and this Court had

granted interim direction and in view of the interim orders, the issuance of

essentiality certificate to the petitioner society in WP No.10655 of 2024 cannot

be considered and the 1

st

respondent informed the same to the petitioner in

WP No.25920of 2024 vide Lr No.2520583/C2/2024, dated 24.09.2024.He

further submits that the said writ petition i.e., WP No.10655/2024 is pending

for adjudication, which involves determining the legality of the

NOC/permission for clinical affiliation to Sangamitra Education Society by

attaching KIMS as a parent hospital. He further submits that as per the

regulations, one of the essential conditions is that a hospital cannot

simultaneously serve as a parent hospital for more than one trust or society.

Therefore, prayed to dismiss the writ petition.

17. Learned Government Pleader has furnished a copy of Guidelines

and Minimum requirements to establish B.Sc (N) College of Nursing, wherein

it is mentioned about parent hospital, reads as under:

Parent Hospital

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Parent Hospital Parent Hospital for a nursing institution having the same Trust which

has established nursing institution as well as the hospital.

For a nursing institution (managed by Trust) a Parent Hospital' OR would be a

hospital either owned and controlled by the Trust or managed and controlled by a Member of

the Trust. In case the owner continue to function as a Parent Hospital' till the life of the nursing

institution. The undertaking would also be to the effect that the Member of the Trust would not

allow the hospital to be treated as Parent/Affiliated Hospital' to any other nursing institution

and will be for minimum 30 years [i.e. signed by all members of Trust) to the undertaking to be

submitted from the Members of the Trust.

18. As seen from the G.O.Ms.No.134, Health Medical and Family

Welfare (C2) department, dated 11.03.2024, wherein the essentially certificate

has to be issued subject to the following the conditions :

1. That the Institute should obtain affiliation duly fulfilling all the conditions stipulated

as per the statutes of Dr.YSR University of Health Sciences, Vijayawada and payment of

annual affiliation fee as prescribed from time to time by Dr.YSRUHS and clearance from the

Indian Nursing Council, New Delhl. In case of the aforesald Educational Society fails to fulfill

the conditions or falls to start the B.Sc Nursing course within a period of one year, the

permission now accorded will be cancelled.

II. The annual Intake of students should not exceed as specified above to the Institute

and the Institute should fulfill and abide by the rules and regulations notified by Government in

G.Os 1 and 2nd read above, and subsequent amendments Issued thereon from time to time.

19. As stated by learned counsel for the petitioner that, vide

proceedings in Rc No2330354/NE/2024, dated 2.4.2024, the Director of

Medical Education A.P., Vijayawada cancelled the permission orders issued

by the Director of Medical Education to the petitioner in WPNo.10655of 2024.

And further, as seen from the impugned letter in Lr.No.2520583/C2/2024,

dated 24.09.2024issued to the petitioner in WP No.25920/2024, wherein it is

informed to the petitioner trust that, the matter is subjudice/pending before the

Hon’ble High Court in WP No.10655/2024 regarding issuance of clinical

affiliation with KIMS Hospital, Srikakulam as the parent hospital and further

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action will be taken on this issue after the finalization of the case by the

Hon’ble High Court.

20. The contention of the petitioner counsel in WP No.25920 of 2024 is

that the petitioner trust had started the process of establishing the Nursing

college but due to interim order of this Court the same is getting delayed. It is

observed from the material that, as per Parent Hospital rules, the director of

KIMS Sai Sheshadri Hospital, Srikakulam, agreed as parent hospital for

clinical training of BSC (M=Nursing and GNM Courses) for the students

admitted into Kashyap Colleges and schools of Nursing under the petitioner

trust for a period of 30 years. Further the Director who had executed the MOU

is also a member in the petitioner trust.

21. So, it is an admitted fact that, as per the INC Regulations, one of

the prerequisite conditions to establish Nursing Institution is to have a parent

hospital. The Trust/Society is required to have its own hospital or a hospital

owned and controlled by the Trust, or a hospital managed and controlled by a

member of the Trust and such hospital may function as a parent hospital.

22. In view of the same, as per guidelines issued by Indian Nursing

Counsel, the petitioner trust in WP No.25920 of 2024 treated as

Parent/affiliated hospital to any other nursing institution and also having 30

years to the undertaking by the members of the Trust. Therefore, this Court

deems fit to allow the WP No.25920 of 2024 while declaring the action of the

1

st

respondent in issuing proceedings dated 24.09.2024 as illegal and arbitrary.

16

23. Accordingly, the WP No.25920 of 2024 is allowed. The impugned

proceedings in Lr No2520583/C2/2024 dated 24.09.2024 issued by the

1

st

respondent and the proceedings in Rc No.2526732/NE/2024, dated

17.09.2024 issued by the 2

nd

respondent are hereby set aside. Further, the 2

nd

respondent is directed to consider the case of the petitioner afresh and issue

NOC for clinical affiliation with KIMS as parent hospital and also issue

Essentiality Certificate, and pass appropriate orders, in accordance with rules,

within a period of two (02) weeks from the date of receipt of a copy of this

order.

24. Insofar as WP No.10655/2024 is concerned, the contentions raised

by the petitioner counsel are not acceptable as the Superintendent of the

Medical Health is not a competent authority to issue any NOC. Therefore,

finding no merit in the instant writ petition and devoid of merits, the same is

liable to be dismissed.

25. Accordingly, the WP No.10655 of 2024 is dismissed. The interim

order dated 9.5.2024 passed in IA No.1 of 2024 in WP No.10655/2024 is

hereby vacated. There shall be no order as to costs;

27. As a sequel, all the pending miscellaneous applications shall

stand closed.

_________________________

DR. K. MANMADHA RAO, J.

Date : 13 -03-2025

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HON’BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION Nos:10655 & 25920/2024

Date :13.03.2025

Gvl