The Karnataka High Court has ruled that Deputy Commissioners are not qualified to inspect nursing institutions and that such responsibilities must be entrusted solely to specialized agencies. This decision came while allowing a petition filed by the Karnataka State Private Management Association of Health Institutions, challenging a government directive.
On November 5, 2024, the Principal Secretary of the Department of Health and Family Welfare had issued a letter instructing all Deputy Commissioners across Karnataka to inspect nursing colleges and institutions in their respective districts. The court has now declared this letter arbitrary and without legal basis.
Justice Suraj Govindaraj, while delivering the judgment, observed, “The Deputy Commissioner not having any expertise in educational facilities, the nature of the subject experts, the qualification thereof, not having been indicated in the instruction dated 05.11.2024, I am of the considered opinion that the said letter is completely arbitrary.” The court noted that this directive was not a formal policy decision but merely an administrative instruction.
The government’s decision followed a meeting on September 2, 2024, in which the Minister of Medical Education proposed inspections by Deputy Commissioners to assess the standards of nursing education and institutional infrastructure. The instruction was meant to address concerns and complaints from students and parents.
However, the High Court emphasized that while the Minister's intent might have been well-meaning, the legal framework demands inspections be conducted by authorized and competent bodies such as the Rajiv Gandhi University of Health Sciences (RGUHS), the Indian Nursing Council (INC), and the Karnataka State Nursing Council (KNC).
The intent of the Hon’ble Minister may be noble and proper and in order to protect the interest of the students and parents, but, however, taking into consideration the legal aspects, these inspections can only be carried out by the concerned specialised agencies, the court stated.
The petitioner argued that Deputy Commissioners lack the technical knowledge required to assess the quality and compliance of nursing institutions. Even with expert assistance, the DCs could not replace designated statutory bodies. The court agreed, underscoring the exclusive jurisdiction of RGUHS, INC, and KNC in supervising and inspecting nursing colleges.
“Under these Acts, there are specialised persons with special qualifications who are appointed as inspectors, who could carry out such inspections to ascertain whether all the infrastructure and facilities are provided,” the judge noted. He added, “The Deputy Commissioner, even with the assistance of the specialized agencies, in my considered opinion, cannot substitute the specialized agencies like RGUHS, INC and KNC.”
Acknowledging the growing number of complaints from students and parents about nursing institutions, the court stressed the need for transparency and accountability through proper digital platforms. It issued comprehensive directions to ensure that inspection reports and related data are made publicly accessible.
Quote: “All inspection reports must be uploaded on dedicated web portals, categorized state-wise, district-wise, and college-wise,” the court directed.
- Indian Nursing Council (INC): The INC must create a portal for publishing inspection reports and offer API access to RGUHS, KNC, and the Health and Family Welfare Department.
- Karnataka Nursing Council (KNC): Similarly, KNC must publish its inspection findings online and allow API sharing with related departments.
- Rajiv Gandhi University of Health Sciences (RGUHS): RGUHS must maintain a web portal for uploading reports and enable data-sharing with INC, KNC, and the health department.
The High Court further ordered that each portal must include infrastructure details, approvals, and any ongoing litigation involving nursing institutions. Complaint records and a grievance redressal system for students, parents, and staff must also be incorporated.
Each agency is required to submit a detailed project report within six weeks from the receipt of the certified court order. This is to ensure timely implementation and public access to information before students consider admission.
Case Title:Karnataka State Private Management Association of Health Institutions vs. State of Karnataka & Others
Case No:Writ Petition No. 32106 of 2024 (EDN-RES) C/W W.P. No. 32185 of 2024
Appearance:Senior Advocate M.S. Shyam Sundar for Advocate Krishna T.
Advocate Pradeep Kumar P.K. for Petitioners
AGA Mamatha Shetty for R1
Advocate Shiva Rudra for R2
Advocate Mamatha G. Kulkarni for R3
Advocate Jyothi M. Maradi for R4
