- (1.) Challenge in the present writ petition is to the rejection order which has been posted by the Indian Nursing Council (for short, the 'INC') through website on 21.10.2013 (Annexure P20) whereby the petitioner-Institute has been put in the 'Not Permitted List' for the B.Sc. (Nursing) Programme, for the session 2013-14.
(2.) The pleaded case of the petitioner-Institute is that it is a duly registered body under the Societies Registration Act, 1860 and running a private self aided institution at Mohali. Necessary permission was granted by the State of Punjab in the year 2008 to start construction and University had granted permission to run the course. The norms and standards which were mandatory pre-requisite for running the programme as approved by INC regulations had been duly complied with and the case had been presented to respondent No.1 for the session 2011-12. It was rejected vide letter dated 13.01.2012 (Annexure P5) on various grounds on account of the fact that certain employees were found working in the various nursing institutions in other States. The 1:3 studentpatient ratio was not available and the IVY Hospital, Mohali was already affiliated to two nursing institutions whereas Civil Sub District Government Hospital, Kharad was already affiliated to many nursing institutions. Communications were addressed inter se and request was made to hold fresh inspection. The case of the petitioner was again rejected vide letter dated 19.10.2012 (Annexure P8) by giving the following reasons: "1. Teaching faculty inadequate:- a) Registration number as Nurse & Midwife of the previous and the present Council not available. 2. Clinical facilities inadequate:- a) Indus Multispecialty Hospital & Civil Hospital Mohali is already affiliated to two (2) & three (3) nursing institutions respectively. b) Amar Hospital distance is 30 kms and hence this hospital will not be considered. The clarification in this regard to be submitted within 15 days of issue of this letter. c) Pollution Control Board Certificate issued to the hospital not available. d) 1:3 student patient ratio not available. 3. Building completion certificate & building plan issued by the Competent State Authority not available. 4. When the institution is "Not Permitted" more than three times (1+2) and then will not be considered for Re-Inspection next time."
(3.) The petitioner again applied for approval on 30.10.2012 and submitted the duly approved list of staff and the building plans and was informed that re-inspection shall take place shortly. But, thereafter, the impugned order was passed on the website. Resultantly, the present writ petition was filed.;