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

The Karnataka High Court in the case Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others observed and has dismissed an appeal wherein challenging the order of the Single Judge bench which upheld the constitution of a Special House Committee, who are being empowered to visit all Nursing Colleges and Allied Health Sciences Institutions in state and for carrying out inspections to ascertain weather they are being functioning as per directions of the Indian Nursing Council and whether they have the necessary infrastructure and other facilities. The division bench comprising of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi observed and has dismissed the appeal filed which is by the Karnataka State Association of the Management of Nursing and the Allied Health Science Institution. The court stated that the learned Single Judge after considering of the entire material on record was justified in passing the impugned order. The said court did not find any error to interfere with the impugned order. Accordingly, the court decline to interfere with the impugned order. The court stated that the said committee has been constituted only for studying the functioning of the colleges and not to supervise or perform the functions of the authorities under the various laws. Thus, the power has been granted to committee to visit Nursing Colleges to study about the infrastructures, etc. The said committee is not being vested with any adjudicatory jurisdiction which belongs to judicature under that of the constitutional scheme. Facts of the Case: In the case a question was being raised in the Karnataka Legislative Council regarding permission being granted to new Nursing Colleges and Allied Health Sciences Institutions for the academic year 2020-2021 in spite of that for not having the necessary infrastructure wherein violating the directions of Indian Nursing Council. Therefore, the Legislative Committee suggested that a Legislative Committee has been constituted to examine the irregularities. The bench constituted a Special House Committee. The court while dismissing the batch of petitions, the bench headed by single judge referred to Clause (3) of Article 194 of the Constitution of India which speaks about the powers, privileges and immunities of the Members and the Committees of a House of the Legislature of a State. It has been observed by the court that the powers and privileges of the Legislature of any State in India is being similar to that of the House of Commons in the United Kingdom. The court then referred to Rule 206 of the Rules of Procedure and Conduct of Business in the Karnataka Legislative Council, wherein providing that a committee has the power to call for persons, papers and records for recording of the evidence. It has been observed by the court that education includes the technical education, medical education and Universities is part of item No.25 of the Concurrent List in ScheduleVII of the Constitution of India and the Nursing Colleges are governed by the Indian Nursing Council Act, 1947, which being the Central Enactment and also the Karnataka Nurses, Midwives and Health Visitors Act, 1961 and Rajiv Gandhi University of Health Sciences Act, 1994, which are being the Enactments of the Karnataka State. It has been held by the court 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 the Nursing Colleges. However, the division bench brushed aside the contention of the appellants that if the Committee is appointed and a report is submitted and the same would be available to the public and the said report may be misused by the public at large. Further, it has been stated that 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 at large. Thus, the petitioner grievance will be made available to the public and the public can misuse the said report. Therefore, the grievance of the petitioner is being taken care of by the Rules.

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