Bhagwanbaba Sevabhavi Sansthas Vaishnodevimata Nursing College v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 86 WRIT PETITION NO. 7480 OF 2020 Shri Vetaleshwar Shikshan Sanstha's SVSS Latur Nursing School (GNM) Through its Secretary .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

89 WRIT PETITION NO. 7483 OF 2020 Shree Swami Samarth Bahuddeshiya Sanstha's Savitribai Phule Nursing School (ANM & GNM) Through its Secretary .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondents-State.

91 WRIT PETITION NO. 7485 OF 2020 Shree Swami Samarth Bahuddeshiya Sanstha's Savitribai Phule Nursing School (ANM & GNM) Through its Secretary .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for the Petitioner. Mrs. V. N. Patil-Jadhav, AGP for Respondents-State.

2 86-wp 7480-2020+.odt 99 WRIT PETITION NO. 7493 OF 2020 Mauli Charitable Trust Kohinoor Nursing School (ANM) Through its Secretary .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for the Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondents-State. 101 WRIT PETITION NO. 7495 OF 2020 Bhagwanbaba Sevabhavi Sanstha's Vaishnodevimata Nursing College (GNM & ANM) Through its Secretary .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondents-State. CORAM :

S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- .

Heard Mr. Jadhav, learned counsel for the petitioners, learned Addl. G. P./A.G.P. for respondent Nos. 1 and 2. 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

3 86-wp 7480-2020+.odt 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 25th 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 15th December, 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.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.