PRITHVIRAJ CHAUHAN COLLEGE OF NURSING vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court


2026:UHC:3513

HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 1283 of 2026

08 May, 2026

Prithviraj Chauhan College of Nursing and another
--Petitioners

Versus
State Of Uttarakhand and Others --Respondents
----------------------------------------------------------------------
:-
Presence
Mr. D.S. Patni, learned senior counsel assisted by Mr.
Tribhuwan Phartiyal and Mr. Dharmendra Barthwal,
learned counsel for petitioners.
Mr. N.S. Pundir, learned D.A.G. for the State of
Uttarakhand/respondent No.1.
Mr. Shailendra Nauriyal, learned counsel for
respondent No.2-H.N.B.Garhwal Medical Education
University.
Mr. Tarun Pande, learned counsel for respondent No.5-
Indian Nursing Council, through V.C.

Hon’ble Pankaj Purohit, J. (Oral)


By means of the present writ petition,
petitioners have prayed for the following reliefs:-
i) Issue a writ, order or direction in the nature of
certiorari quashing the impugned order dated
27.04.2026 (Annexed as Annexure No.5, annexed
at page no.44 to 48), passed by Respondent No.1
cancelling the Essentiality Certificate issued in
favour of the Petitioner College and commanding
the Respondents to forthwith restore the
Essentiality Certificate and all consequential
approvals/affiliations and permit the Petitioner
College to continue the B.Sc. Nursing and GNM
courses for the academic session 2025-26 and
allow the students to appear in the examinations;
ii) Issue a writ, order or direction in the nature of
certiorari quashing the impugned communication
letter dated 04-05-2026 (Annexed as Annexure
no.7, annexed at page no.51 to 52), passed by
Respondent No.2 University thereby refusing to
open the petitioner’s portal and commanding the
Respondent no.2 to forthwith open the University
portal insofar as the petitioner’s students are
concerned and allow the students to appear in the
examinations;
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iii) To direct the respondent no.4 to forthwith permit
the petitioner to carry out new enrolments in the
GNM Course being conducted by it and also
provide the user ID and password as far as the
GNM students admitted by the petitioner are
concerned.

2. Petitioner No.1 is a college imparting
education of B.Sc. Nursing and General Nursing and
Midwifery (GNM) Courses. Undisputedly, respondent
No.1 has granted Essentiality Certificate to the
petitioner-College on 28.11.2025 and on the same
date, respondent No.2 has also issued NOC and
affiliation of the petitioner-College with University on
the basis of Essentiality Certificate issued by
respondent No.1.
3. Pursuant to aforesaid development,
petitioner-College got inducted 45 students in GNM
Course and 45 students in B.Sc. Nursing Course in
the Academic Year 2025-26.
4. In between, some complaint has been made
by one-Mr. Mahesh Singh to the State Government
and it is reflected from the order that the complaint is
that the petitioner-College does not have any building
at the particular place for which the Essentiality
Certificate was issued.
5. On the said complaint, inspection was made
on 22.12.2025 and the impugned order has been
passed, whereby, Essentiality Certificate dated
28.11.2025 (Annexure No.1 to the writ petition) has
been cancelled. It is feeling aggrieved by the said
order, petitioners are before this Court.

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6. It is argued by learned senior counsel for
the petitioners that before passing the impugned
order, no show-cause notice/opportunity of hearing
was given to petitioners-College and even the copy of
complaint was not forwarded to petitioners-College.
The impugned order, whereby, the Essentiality
Certificate dated 28.11.2025 was cancelled, was also
passed behind the back of petitioners-College.
7. It is submitted by learned senior counsel for
the petitioners that College does have hugebuilding
and space at Barkhera Rajput, Kashipur, District
Udham Singh Nagar, where the College is running. It
is further submitted by him that impugned order has
been passed behind the back of petitioners, therefore,
the same could not be sustained in the eyes of law.
8. Per contra, learned State Counsel submits
that inspection was conducted by the respondent-
department, wherein, it was found that the
construction work was in progress on the said
building and it was also contended in the impugned
order that earlier the said building was shown at
another place.
9. Having heard the learned counsel for the
parties and having gone through the entire material
available on record as well as the impugned orders,
this Court is of the view that before passing impugned
order, petitioners should have been supplied the copy
of complaint and proper opportunity of hearing
should have been given to petitioners-College.

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10. From bare perusal of the impugned order, it
is nowhere reflected that petitioners’ point of view and
case have been considered by respondent No.1 while
passing the order, as it nowhere stated that petitioner
was heard and given any show-cause notice.
Accordingly, the present writ petition deserves to be
allowed only on this count for not following the
principal of natural justice.
11. In view of the above, writ petition is allowed.
Impugned orders dated 27.04.2026 passed by
respondent No.1 (Annexure No.5) and 04.05.2026
passed by respondent No.2 (Annexure No.7) are
hereby quashed. Respondent No.1 is free to conduct
inspection or to pursue the complaint made by Mr.
Mahesh Singh, after giving copy of complaint and due
opportunity of hearing to the petitioners.
12. Pending application stands disposed of.
13. Let a certified copy of this order be supplied
to learned counsel for parties today itself, as per
Rules.



( Pankaj Purohit, J .)
08.05.2026
PN


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