Bhima Shankar Shikshan Sansthas Bhimashankar Nursing Gnm Shirodhan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6744 OF 2020 Sant Gagdebaba Shikshan Prasarak Mandal's Rajmata Ahilyadevi Institute of Nursing (GNM) at Parbhani road, District Parbhani through its President Sau. Karuna w/o Balasaheb Kundgir - AND - WRIT PETITION NO. 6770 OF 2020 Jankalyan Bahuddeshiya Pratisithan's Muktai Nursing School (GNM) at post Dhangarwadi Raod, Sai Baba Nagar Wadi Phati, Nanded through its President Rekha w/o Lalbaji Ghate

WRIT PETITION NO. 6771 OF 2020 Mukta Salve Bahuuddeshiya Samajik Sanstha's Nirmiti Nursing School (ANM), Gandhi Nagar, Nanded through its Secretary Lalbaji s/o Govind Ghate and anr.

.. Petitioners Mrs V.S. Choudhari, A.G.P. for respondents no.1 and 2 WRIT PETITION NO.6772 OF 2020 Mahatma Phule Gramin Vikas Sevabhavi Sanstha's Savitri Bai Phule Nursing Institute (GNM), at post Jalkot, Taluka Jalkot, Dist. Latur through its Secretary Chandan s/o Shrhari Patil Mr S. B. Pulkundwar A.G.P. for respondents no.1 and 2 WRIT PETITION NO. 6773 OF 2020 Bhima Shankar Shikshan Sanstha's Bhimashankar Nursing School (GNM), at post Shirodhan, Taluka Kandiar, District Nanded through its Secretary Madhavrao s/o Govindrao Pandagle

WRIT PETITION NO. 6774 OF 2020 Kazi Education and Social Welfare Society's Indra Gandhi GNM Nursing School, Parbhani, Taluka and District Parbhani through its Secretary Md. Kalimoddin s/o Md. Moinoddin Mr S.G. Karlekar, A.G.P. for respondents no.1 and 2 WRIT PETITION NO. 6900 OF 2020 Gitai Sevabhavi Shikshan Sanstha's Samarth Nursing School (GNM), Mudkhed, Taluka Mudkhed, District Nanded, through its Administrative Officer Ajinkya s/o Yeshwantrao Pawar

WRIT PETITION NO. 6901 OF 2020 Samaj Sevi Sevabhavi Sanstha's Mother Teresa Nursing School (GNM), Selu Taluka Selu, Dist. Parbhani, Through its President Shaikh Abdul Rub Shaik Abdul Rahman Mrs V.S. Choudhari, A.G.P. for respondents no.1 and 2 WRIT PETITION NO. 6902 OF 2020 Bhavani Sevabhavi Sanstha's Blessing Institute of Nursing (GNM), Parbhani, Taluka and District Parbhani through its Administrative Officer Mohsin Khan Nasarulla Khan Pathan Mrs M.A. Deshpande, Addl. G.P. for respondents no.1 and 2 WRIT PETITION NO. 6903 OF 2020 Shree Sai Bahuuddheshiya Sevabhavi Sanstha's Sai Institute of Nursing (ANM), Near Mahatma Phule School, Nanded Through its President Manoj s/o Annarao Kadam and anr.

.. Petitioners

Mr C.A. Jadhav, Advocate for petitioners Mr S.G. Karlekar, A.G.P. for respondents no.1 and 2 WRIT PETITION NO. 6904 OF 2020 Prakashchand Jain Bahuddheshiya Sanstha's New Nursing Institute (ANM) at Jamner, Taluka Jamner, District Jalgaon, through its Secretary Manoj s/o Prakashchand Kawdiya WRIT PETITION NO. 6905 OF 2020 Savitribai Phule Education & Welfare Society's Sahara Nursing School (GNM), Parbhani District Parbhni, through its President Mrs V.S. Choudhari, A.G.P. for respondents no.1 and 2

WRIT PETITION NO. 6906 OF 2020 Savitribai Phule Education & Welfare Societies Aadarsh Narsing School (ANM & GNM0, Basmat, Taluka Basmat, District Hingoli, through its President Mohsin Khan Nasarulla Khan Pathan Mrs M.A. Deshpande, Addl. G.P. for respondents no.1 and 2 WRIT PETITION NO. 6907 OF 2020 Prayag Sevabhavi Shikshan Santha's Prayag Nursing School (ANM), Nanded, Taluka and Dist. Nanded through its President Manish s/o Vaijinathrao Kawale Mr S.G. Karlekar, A.G.P. for respondents no.1 and 2 WRIT PETITION NO. 6908 OF 2020 Aai Tulja Bhavani Bahuuddheshiya Sevabhavi Sanstha's Rajmudra Nursing School (ANM), Nanded, through its President Manoj s/o Annarao Kadam and anr.

.. Petitioners

WRIT PETITION NO. 6909 OF 2020 Jai Malhar Seva Pratishthan's Omkar Nursing School (ANM & GNM), Biloli Taluka Biloli, Dist. Nanded through its Secretary Sayaram s/o Sanggonda Parsure Mrs V.S. Choudhari A.G.P. for respondents no.1 and 2 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 19th October 2020 PER COURT:

1.

Heard Mr Jadhav, learned Counsel for the petitioners, learned Addl.G.P./ A.G.P. for respondents no.1 and 2 and Mr Narwadkar, learned Counsel for respondents no.3.

2.

The petitioners have filed applications for grant of permission to open new GNM and ANM Nursing Colleges. The applications are pending with respondent no.3 - Board.

3.

It is submitted that as per the procedure, respondent no.3 has to conduct inspection and forward the proposals to the Government for grant of essentiality certificates and after the essentiality certificates are received, the Board will take decision to grant affiliation. The further process shall not be stopped by respondent no.3 - Board on the ground that policy decision was taken to stop the GNM Course. The said decision was set aside by this Court at Nagpur. 4.

The applications are pending with respondent no.3 - Board. Upon hearing the learned Counsel for the parties, we pass the following order : - ORDER - (I) Respondent no.3 - Board shall consider the applications of the petitioners, for opening new GNM/ANM Colleges; carry out the inspection and forward the proposals to the Government by 15th November 2020. The State Government shall thereafter take decision, for grant of essentiality certificates to the petitioners on its own merits. The said decision may be taken by 30 th November 2020 and communicated to respondent no.3. Thereafter, the further process be done immediately.

(II) With these observations and directions, Writ Petitions are disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr