Thru. Authorized Signatory Sri Girijesh Singh vs State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical on 26 Sep 2025

Judgment

1. All the present petitions raise a common issue with regard to right of consideration of approval of the institutions in intending to set up new 2 WRIT C No.9010/2024 courses for training and providing physical and instructional facilities under the Indian Nursing Council Act, hence, they are being decided together by this common judgment.

2. For the sake of brevity, the facts from Writ – C No.9010 of 2024 are being considered.

3. The facts, in brief, are that the petitioner being desirous of establishing institute for training of nurses, midwives and health visitors applied for grant of approval before the Indian Nursing Council which is empowered to grant approval in terms of the mandate of Section 16 of the Indian Nursing Council Act, 1947 (hereinafter referred to as ‘the 1947 Act’). It is stated that the petitioner established the necessary facilities for imparting education in the field of nursing and running the ANM courses after spending substantial amounts of money. It is stated that in the year 2021, U.P. State Medical Faculty issued guidelines for opening of new nursing institutions for the academic session 2021 – 22 and applications were invited from the desirous institutions for opening the ANM Courses. In pursuance to the same, the petitioner had applied and had deposited the requisite fees. It is stated that the time for submitting the applications were extended on subsequent dates, however, despite the petitioner applying, the inspections etc., were not done and ultimately on 27.10.2021 on an inspection being carried out, certain deficiencies were pointed out with regard to the hostel facilities at the petitioner’s institution to which a reply was given that certain facilities had been completed and the remaining work was going on. It was also stated that in terms of the communication dated 13.02.2022 by the Indian Nursing Council, the norms for hostel have been relaxed since 2015 and having a hostel was not mandatory.

4. It is stated that despite the said clarification, no action was taken for granting approval to the petitioner by respondent no.3 i.e. U.P. State Medical Faculty. Subsequently, on 30.06.2023, information was given 3 WRIT C No.9010/2024 with regard to all the institutions who had applied for grant of recognition for running of the ANM courses that the governing body of respondent no.3 had taken a decision on 19.05.2023 to suspend the inspection and the other proceedings in respect of the applications for grant of recognition for new ANM courses till further orders. Meaning thereby, that a moratorium was imposed on the opening of the new ANM courses in the State of U.P. for an indefinite period. The said communication dated

30.06.2023 was based upon a study conducted by the U.P. Technical Support Unit (for short ‘UPTSU’) to the effect that the number of students obtaining qualification for the ANM courses are much higher in comparison to the number of jobs available in the government/private sector which is resulting in increasing of unemployed ANM candidates, and a recommendation was made that no new ANM Colleges be opened in the State and the request for seat enhancement in the existing institutions running the ANM courses may also be not granted. Thus, on these recommendations, the moratorium was imposed.

5. It is also stated that the UPTSU was formed in the year 2013 pursuant to a memorandum of cooperation executed between the Government of U.P. and the Bill and Melinda Gates Foundation.

6. It is also stated that challenging the order dated 30.06.2023, a writ petition being Writ – C No.6417 of 2023 was filed in which certain directions were issued on 23.08.2024 and in pursuance thereof, impugned order dated 30.09.2024 has been passed deciding to continue with the moratorium imposed by it vide order dated 30.06.2023 on the opening of the new ANM colleges.

It is also stated that after the petition was filed, a fresh order was passed by the respondents on 04.09.2025 in a meeting held by circulation extending the moratorium imposed for a further period of two years. The said order has also been challenged by filing an amendment application. 4 WRIT C No.9010/2024

8. Perusal of the reasoning contained in the order dated 04.09.2025 indicates that a moratorium was imposed earlier on 30.06.2023 and it was recorded in the order dated 04.09.2025 that for establishing an ANM Training Centres, there was no need for opening hospital and these organizations were applying for opening the institutions in an excessive manner for which no adequate positions were available and for a further period of 15 years, no ANM courses be opened or the seats be increased.

9. Challenging the said action, it is argued on behalf of the petitioner that the right to establish an educational institution is a fundamental right guaranteed under Art. 19(1)(g) of the Constitution of India as held by the Supreme Court in the case of T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors.1; Modern School v. Union of India and Ors.2; Pharmacy Council of India v. Rajeev College of Pharmacy and Ors.3.

10. It is next argued that the rights guaranteed under Art. 19(1)(g) of the Constitution of India can be restricted only by framing a law to be enacted by the competent legislature and not by executive instructions as held by the Supreme Court in the case of Rajeev College of Pharmacy (supra).

11. It is next argued that the law as prescribed under Art. 19(6) of the Constitution of India cannot be substituted by issuing executive orders and can be shown only by a legislation enacted by the competent legislature as held in the case of Rajeev College of Pharmacy (supra) and State of Bihar & Ors. v. Project Uchcha Vidya Sikshak Sangh & Ors.4.

12. It is argued that the restriction imposed by respondent no.3 vide orders dated 30.06.2023 and 04.09.2025 are wholly unreasonable, arbitrary and discriminatory as the same are founded solely on the recommendation made by the technical unit of the U.P. State Medical Faculty. 1 2 3 4