Sahas Educational Society Vs the State of Ap

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not considering the petitioners representation dated 18.5.2025 and the No Objection Certificate issued by the Superintendent/Addl.DME, Government General Hospital, Srikakulam vide Rc.No.3080/A3/GGH/2023 dated

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28.8.2023 for granting clinical training permission to the students of the petitioners proposed school of nursing in the said hospital as illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the 2nd respondent to consider the petitioners request as per the NOC issued by the GGH, Srikakulam and in the light of Para (a) of the Proviso to Regulation 4(ii) of the Indian Nursing Council (Minimum PreRequisites for Granting Suitability to Nursing Programs) Regulations, 2020 and pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 1st respondent to consider the petitioner’s representation dated 18.5.2025 for granting clinical training permission to the students of the petitioner’s proposed school of nursing in GGH, Srikakulam as per the No Objection Certificate issued by the Superintendent/Addl.DME, Government General Hospital, Srikakulam vide Rc.No.3080/A3/GGH/ 2023 dated 28.8.2023, pending disposal of the writ petition and to pass

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Counsel for the Petitioner:

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1.KOCHIRI RAJA SHEKAR

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6003/2026

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The case of the petitioner herein is that the petitioner made an application to respondent No.2 for granting clinical training permission for training of the students of the petitioner institution in respect of General Nursing and Midwifery (GNM) course. For which, the petitioner also submitted a representation on 18.05.2025.

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Learned counsel for the petitioner submits that as per Rule 4 (ii) of the Indian Nursing Council (Minimum Pre-Requisites for Granting Suitability to Nursing Programs) Regulations, 2020 (hereinafter referred as ‘Regulations, 2020’), the petitioner shall submit NOC or pre-requisite document from the eligible establishment of 100 bedded parent hospital for providing training to the students of the petitioner institution, but the said pre-requisite is exempted in respect of the institutions established at schedule tribe notified area or hill area. As per the schedule of constitution, Srikakulam of Andhra Pradesh is notified as schedule tribe area. Therefore, the petitioner is entitled for exemption of submission of pre-requisite i.e., NOC from the hundred bedded Government General Hospital. But the respondent Nos.1 and 2 did not consider and neither issued permission to run the institutions nor issued

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NOC/pre-requisite document for permitting petitioner institution to impart training. Hence, the Writ Petition.

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On the other hand, learned Government Pleader submits that the petitioner relying upon the schedule attached to the constitution of India, whereunder the entire districts were mentioned but specific areas of within the districts were notified by the UOI by way of separate legal process. The notified schedule area is different from the notified districts. Therefore, he furnished notification carried out by respondent No.1 vide proceedings dated 02.04.2024. Pursuant to it one Seetampeta Mandal of Srikakulam District was notified as tribal scheduled area. He further submits that admittedly the petitioner-institution is situated other than Seetampet Mandal, as such it does not come under jurisdiction of Seetampet Mandal. Therefore, the exemptions carved out under Rule 4(ii) (a) and (b) of Regulations, 2020 are not applicable to the petitioner. Therefore, the petitioner shall submit pre-requisite document of NOC either from the Central Government institution or any other private institution which is having 100 bedded hospital. If the petitioner complied with the said pre-requisite as contemplated under Rule 4 of Regulations 2020, the petitioner is entitled for necessary permission for issuance of essentiality certificate.

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In reply, learned counsel for the petitioner requested that the petitioner may be permitted to withdraw the Writ Petition and to grant liberty to file afresh after obtaining pre-requisite NOC from the concerned hospital as required under Rule 4(ii) of the Regulations, 2020.

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Considering the plea of the learned counsel for the petitioner, this

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Court is inclined to grant permission.

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Permission as sought for is accorded.

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Accordingly, the Writ Petition is closed as withdrawn, granting liberty

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to the petitioner to challenge afresh after having necessary pre-requisite certificate as required under Rule 4(ii) of the Regulations, 2020. There shall be

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no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending shall stand closed.

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_________________________________ VENKATESWARLU NIMMAGADDA, J

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13.03.2026 TPS/BSP

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