Karnataka High Court Directs Indian Nursing Council To Set Up Web Portal For Uploading Inspection Reports
The Karnataka High Court allowed Writ Petitions out of which one was filed by Karnataka State Private Management Association seeking a direction restraining the State from conducting inspection in the institution of the members.
Justice Suraj Govindaraj, Karnataka High Court
The Karnataka High Court has directed the Indian Nursing Council (INC) to set up a web portal where all the inspection reports are to be uploaded by the INC.
The Court was deciding a batch of two Writ Petitions out of which one was filed by Karnataka State Private Management Association (KSPMA) seeking a direction restraining the State from conducting inspection in the institution of the members.
A Single Bench of Justice Suraj Govindaraj issued the following directions –
1. Indian Nursing Council: The INC shall set up a web portal where all the inspection reports are uploaded by the INC, State wise, district wise and college-wise, as regards all aspects which come under the administrative supervision of the INC. INC shall also provide necessary Application Programming Interface (APIs) to RGUHS, KNC and the Health and Family Welfare Department to automatically access the data uploaded by INC on its website with reference to the college/school/Institution. particular
2. Karnataka Nursing Council: The KNC shall set up a web portal where all the inspection reports are uploaded by the KNC college-wise, as regards all aspects which come under the administrative supervision of the KNC. KNC shall also provide necessary Application Programming Interface (APIs) to RGUHS, INC and the Health and Family Welfare Department to automatically access the data uploaded by KNC on its website with reference to the particular college/school/Institution.
3. Rajiv Gandhi University of Health Sciences: The RGUHS shall set up a web portal where all the inspection reports are uploaded by the RGUHS college-wise, as regards all aspects which come under the administrative supervision of the RGUHS. RGUHS shall also provide necessary Application Programming Interface (APIs) to INC, KNC and the Health and Family Welfare Department to automatically access the data uploaded by RGUHS on its website with reference to the particular college/school/Institution.
4. The above information, data and inspection reports, as regards the infrastructure facility at each of the colleges, schools, Institutions, as also all licenses, sanctions, etc., issued by the concerned authority would have to be uploaded onto the websites of the respective Universities.
5. The details of any litigations that the particular education Institution is involved are to be uploaded.
6. A detailed project report by each of the above organizations to be submitted within a period of six weeks.
7. The details of any complaints received by the INC, KNC and RGUHS to be uploaded on their respective web portal with an option to submit an online grievance by any student, parent or teacher/lecturer to be also made available, on the said portal.
8. A grievance redressal mechanism to be also established in this regard by the authority concerned.
Senior Advocate S. Shyamsundar, Advocates T. Krishna, and Pradeep Kumar P.K. appeared on behalf of the Petitioners while AGA Mamatha Shetty, Advocates Shivarudra, Jyothi Maradi, and Mamatha G. Kulkarni appeared on behalf of the Respondents.
Factual Background
Another Writ Petition was filed by Karnataka State Association of the Management of Nursing and Allied Health Science Institutions, which is a registered body comprising of the Management of Nursing and Allied Health Science Institutions. It was filed espousing the cause of Nursing Institutions in the State of Karnataka. The Petitioners were aggrieved by a communication addressed by the Principal Secretary, Family and Welfare Department, to the Deputy Commissioner, Bangalore Urban District, directing inspection through the Deputy Commissioner of the respective districts where the Nursing Institutions are situated, enclosing the list of Nursing subject experts and list of Nursing Institutions to be inspected. Such communication was stated to have been issued to the Deputy Commissioners of all the districts in the Karnataka State.
Issue for consideration
The point that arose for determination in this case before the Court was whether the State Government can direct the inspection of Nursing colleges or Institutions by the Deputy Commissioner or are such inspections to be conducted only by RGUHS, INC or KNC?
Court’s Observations
The High Court in the above context of the case, observed, “None can dispute the requirement that educational obligations Institutions perform their and provide the necessary infrastructure for the students. None can dispute that Karnataka is regarded as an education hub where students from other States come to avail education. It is also trite that there are several complaints which are received from the students and or the parents as regards the functioning of colleges in general, Nursing colleges and Nursing schools, in particular.”
The Court added that these complaints are made in a manner so as to depict as if the Government has not performed its obligation, requiring action to be taken and when such complaints are made, the legal niceties of specialized agencies like RGUHS, INC or KNC being available is not taken into consideration by such complainants since they probably are not aware of the same.
“It is probably on account of this that the Hon’ble Minister felt the need to direct the Deputy Commissioner to conduct the inspection of the Nursing colleges/schools so as to ascertain if the infrastructure provided is proper and correct and if the colleges are performing their actions in a proper manner”, it further said.
The Court was of the opinion that the Deputy Commissioner, even with the assistance of the specialized agencies, cannot substitute the specialized agencies like RGUHS, INC and KNC.
“… the exercise of powers by the Deputy Commissioner is unbridled and such inspection is not under any particular enactment. … On enquiry as to whether these inspection reports are uploaded on any website and made available to all the concerned, as also for viewing by the students and parents before seeking admission, the Counsels for INC, KNC and RGUHS submit that there is no such system which has been put in place”, it also noted.
Accordingly, the High Court allowed the Writ Petitions and issued necessary directions.
Cause Title- Karnataka State Private Management Association v. State of Karnataka (Neutral Citation: 2025:KHC:18118)
