C PRABHAKAR SARMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed seeking directions to the State Government and also to the Director of Medical Education to ensure that the students to the General Nursing and Midwifery courses are admitted in accordance with the Rules.

(2.) The Writ Petition is filed as a public interest litigation. The petitioner, according to the averments in the affidavit, is the President of Vivekananda Yuvasena Sangam, actively associated with the various social issues. The principal grievance of the petitioner is that the institutions, which are imparting Genera 1 Nursing and Midwifery Training Courses, are exploiting the candidates. The Institutions have no infrastructural facilities or instructional personnel. They do not have hospitals of their own. The norms prescribed by the Government for establishing the Nursing Schools are being grossly violated by these Institutions. Added to it, the Director of Medical Services also is not properly implementing the directions of the Government. These Nursing Schools are conducting themselves in a more commercial pattern and they are resorting to various types of corrupt practices. These Institutions are extracting heavy amount from the candidates and increasing their in-take capacity beyond the strength fixed by the authorities! Thus, the grievance appears to be that the admission of the candidates is highly improper and that the process should be set right by issuing suitable directions to the authorities.

(3.) Counter affidavit was filed on behalf of the 9th respondent stating that the Writ Petition itself is not maintainable. It is not a public interest litigation, but it is only a personal interest litigation where the petitioner is trying to exploit the Nursing Institutions by demanding heavy amounts. As far as the merits of the case are concerned it is stated that they have been following the guidelines issued by the Government from time to time. However, in case of certain conditions prescribed, the guidelines were found to be impracticable. Therefore, they filed the Writ Petition challenging the validity of G.O.Ms.No. 430, Health, Medical & Family Welfare (K1) Department, dated: 4-7-1989.