Florence College of Nursing Vs the State of Ap

“… pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 in not considering the petitioners explanation dated 23.12.2024 and in proceeding to cancel the permissions of the petitioners institutions as illegal, arbitrary and violative of Articles 14 and 19(1)g of the Constitution of India and consequently direct the respondents 2 and 3 to consider the petitioners explanation dated 23.12.2024 forthwith by sending the proposal to withdraw Q1 Hospital

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Visakhapatnam from G.O.Ms.No.191 dated 21.7.2022 and G.O.Ms.No.215 dated 27.11.2023 and pass”

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The case of the petitioners in brief is that the 1^st petitioner is a nursing college started with the permission being granted vide G.O.Ms.No.191, dated 21.07.2022 to impart B.S.C(Nursing) Course, which is a degree course and the 2^nd petitioner is a nursing school started with the permission being granted vide G.O.Ms.No.215, dated 27.11.2023 to impart General Nursing and Midwifery Course, which is a diploma course and both the institutions were registered with the 3^rd respondent council. In pursuance of the permissions being granted, the petitioner institutions are being run without any blemish. While so, the 2^nd respondent vide orders, dated 02.08.2023 has permitted the 1^st petitioner college to undergo clinical training of its students in King George Hospital, Visakhapatnam. Since the management of Q1 hospitals intended to establish its own nursing college, requests to withdraw the hospital from the permission of the petitioners. Thereafter, the petitioners have sent a letter, dated 12.12.2024 stating that it has no objection to withdraw. While so, the 2^nd respondent-DME has issued a notice, dated 04.12.2024 calling for explanation with regard to clinical affiliation as the affiliation granted by Q1 hospitals is terminated and the petitioners has submitted explanation to that effect. Pending consideration of the explanation, the 3^rd respondent has issued another show-cause notice, dated 19.12.2024 stating that as to why proceedings shall not be initiated for cancellation of the permissions. The petitioner has submitted detailed explanation, dated 23.12.2024 stating that since Q1 hospital intends to start its

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own college, the petitioners have intimated that they have no objection for withdrawal of the clinical affiliation and also brought to the notice of the 3^rd respondent that the petitioners have clinical affiliation with KGH and in private hospitals. Thereafter, the petitioners have submitted representations requesting to consider two private hospitals as that of its clinical training hospitals. But, so far the respondents have not considered the said explanations and representations. Aggrieved by the same, the present Writ Petition is filed.

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Heard Mr Kochiri Raja Sekhar, learned counsel for the petitioners and the learned Government Pleader for Medical Health and Family Welfare appearing for the respondents.

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On hearing, learned counsel for the petitioners submits that though the petitioners have submitted explanation, dated 23.12.2024 to the show-cause notice, dated 19.12.2024 issued by the 3^rd respondent, but the respondents has not considered the said explanation which is arbitrary and violative of principles of natural justice. He further submits that if the respondents have not considered the explanation and forwards the same to the Government for withdrawing the Q1 hospital as the petitioner’s clinical attachment hospital the petitioners will be put to irreparable loss and hardship. Hence, the learned counsel for the petitioners requests to pass appropriate orders.

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Learned Government Pleader for Medical Health and Family Welfare opposed for grant of any relief in this Writ Petition and prayed to dismiss the same.

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Considering the submissions of learned counsel for the petitioners and the learned Government Pleader for Medical Health and Family Welfare, Respondent Nos.2 and 3 are directed to consider the explanation submitted by the petitioners, dated 23.12.2024 in proper perspective and pass appropriate reasoned orders, in accordance with law, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand

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closed.

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_________________________ DR. K. MANMADHA RAO, J.

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Date: 10.01.2025 TM

Florence College of Nursing v. the State of Ap

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Florence College of Nursing v. the State of Ap

Case brief

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