'Committees Can Always Be Constituted By Legislative Council To Study Performance Of Nursing Colleges': Karnataka High Court

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the appeal filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institution.

“Learned Single Judge after considering the entire material on record was justified in passing the impugned order. We do not find any error to interfere with the impugned order. Accordingly, we decline to interfere with the impugned order," said the court

The court said the committee has been constituted only to study the functioning of the colleges and not to supervise or perform the functions of the authorities under the various laws. "Hence the Committee has the power to visit Nursing Colleges to study about the infrastructures, etc. The said Committee is not vested with any adjudicatory jurisdiction which belongs to judicature under the constitutional scheme," said the bench.

Case

A question was raised in the Karnataka Legislative Council regarding permission being granted to new Nursing Colleges and Allied Health Sciences Institutions for the academic year 2020-21 in spite of them not having the necessary infrastructure and violating the directions of Indian Nursing Council. It was suggested that a Legislative Committee has to be constituted to examine the irregularities.

Accordingly a Special House Committee was constituted

The single judge while dismissing the batch of petitions had referred to Clause (3) of Article 194 of the Constitution of India which speaks about powers, privileges and immunities of the Members and the Committees of a House of the Legislature of a State.

"The privileges and powers of the Legislature of any State in India is similar to that of the House of Commons in the United Kingdom," the court had observed.

Then it had referred to Rule 206 of the Rules of Procedure and Conduct of Business in the Karnataka Legislative Council, which provides that a committee has the power to call for persons, papers and records for recording evidence.

"Education, including technical education, medical education and Universities is part of item No.25 of the Concurrent List in Schedule-VII of the Constitution of India and the Nursing Colleges are governed by the Indian Nursing Council Act, 1947, which is Central Enactment and also the Karnataka Nurses, Midwives and Health Visitors Act, 1961 and Rajiv Gandhi University of Health Sciences Act, 1994, which are Enactments of the Karnataka State," it had observed

The court had held that Karnataka State Legislature is empowered to legislate in respect of the Nursing Colleges and a committee can always be constituted by legislative council to study the performance of Nursing Colleges.

The division bench brushed aside the contention of the appellants that if the Committee is appointed and a report is submitted, it will be made available to the public and the said report may be misused by the public.

“As per Clause-3 of Rule 223 of the Rules of Procedure and Conduct of Business in the Karnataka State Legislative Council. Once the Committee submits the report, the said report will not be made available to the public. The grievance of the petitioner that if the Committee is appointed and a report is submitted, it will be made available to the public and the said report may be misused by the public. The grievance of the petitioner is taken care of by the Rules," it said.

Case Title: Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others

Case No: Writ Appeal 839/2022

Citation: 2023 LiveLaw (Kar) 7

Date of Order: 06-01-2023

Appearance: Senior Advocate Udaya Holla for Advocate Krishna T for appellants.

AAG Dhyan Chinnappa a/w AGA S Rajashekar for R1 to R4.

Advocate Shivarudra for R5.