Madhya Pradesh High Court
Dattatray Suresh Prakash Educational ... vs Madhya Pradesh Nurses Registration ... on 13 November, 2018
1
THE HIGH COURT OF MADHYA PRADESH
W.P. Nos.7474/2018, WP/09868/2018,
WP/15118/2018, WP/20856/2018, WP/20860/2018,
WP/21136/2018, WP/21561/2018, WP/23568/2018,
WP/25440/2018, WP/25526/2018, WP/25527/2018,
WP/25528/2018, WP/25529/2018, WP/25712/2018,
WP/25716/2018, WP/25720/2018, WP/25821/2018,
W.P 26235/2018, WP 26242/2018 & W.P 25841/2018
JABALPUR
13.11.2018
Shri Naman Nagrath, learned Senior Counsel
with Shri Anvesh Shrivastava, Shri Abhishek Arzaria,
Shri Aditya Khandekar, Shri Satyam Agrawal, Shri
Sidharth Gupta, Shri Amit Garg, Shri Shreyas Pandit
learned counsel for the petitioners.
Shri Piyush Dharmadhikari, learned Govt.
Advocate for the respondent/State.
Shri Mohan Sausarkar learned counsel for the respondent/INC.
Shri Tabrez Sheikh learned counsel for the respondent MPNRC.
Shri Satish Verma learned counsel for the respondent MP Medical Science University.
The learned counsel for the parties point out that, in relation to the issue involved in the present bunch of petitions, the Supreme Court in Special Leave to Appeal (C) No.27309/2018 has passed an order on 22.10.2018. It is submitted that the present petitions may also be disposed of in terms of the order passed by the Supreme Court.
It is pointed out that the last date for admissions has been extended upto 30.11.2018 and, therefore, the Gwalior Bench, while disposing of similar petition, 2 THE HIGH COURT OF MADHYA PRADESH W.P. Nos.7474/2018, WP/09868/2018, WP/15118/2018, WP/20856/2018, WP/20860/2018, WP/21136/2018, WP/21561/2018, WP/23568/2018, WP/25440/2018, WP/25526/2018, WP/25527/2018, WP/25528/2018, WP/25529/2018, WP/25712/2018, WP/25716/2018, WP/25720/2018, WP/25821/2018, W.P 26235/2018, WP 26242/2018 & W.P 25841/2018 has modified the dates mentioned by the Supreme Court in its order while disposing of petitions in similar terms and, therefore, the present bunch of petitions may also be disposed of in terms of the order passed by the Supreme Court with a modification relating to the dates.
The learned counsel for the respondent State Nursing Council and the learned Govt. Advocate for the respondent/State have pointed out that the State, in exercise of its powers under section 24 read with section 33(1) of the M.P. Upcharika, Prasavika, Sahayi Upcharika-Prasavika Tatha Swasthya Paridarshak Registrikaran Adhiniyam, 1972, has notified the M.P. Nursing Shikshan Sanstha Manyata Niyam, 2018 in the M.P. Gazette (Extra Ordinary) dated 16.10.2018, which shall come into force w.e.f. 1.12.2018 wherein the procedure, manner and norms for filing and processing the application for recognition have been notified. It is submitted that the said rules were not pointed out or brought to the notice of the Supreme Court when the order dated 22.10.2018 was passed in Special Leave to Appeal (C) No.27309/2018. It is further submitted that as the power to grant recognition as well as for taking up admissions, etc. lies with the State Nursing Council, the Indian Nursing 3 THE HIGH COURT OF MADHYA PRADESH W.P. Nos.7474/2018, WP/09868/2018, WP/15118/2018, WP/20856/2018, WP/20860/2018, WP/21136/2018, WP/21561/2018, WP/23568/2018, WP/25440/2018, WP/25526/2018, WP/25527/2018, WP/25528/2018, WP/25529/2018, WP/25712/2018, WP/25716/2018, WP/25720/2018, WP/25821/2018, W.P 26235/2018, WP 26242/2018 & W.P 25841/2018 Council has no power or authority to extend the last date of admission to 30.11.2018 as the said power has to be exercised only by the State Nursing Council and it has not done so till date. It is submitted that the State Nursing Council, in exercise of its power, shall be notifying the last date for admissions separately.
The learned counsel for the respondent Indian Nursing Council, per contra, submits that the Indian Nursing Council has infact extended the date of admission only on the request of the State Nursing Council.
We have taken note of the aforesaid submissions of the learned counsel for the State Nursing Council as well as the learned Govt. Advocate for the State and the learned counsel for the Indian Nursing Council.
However, we refrain from going into the said aspect at this stage as the issue regarding the competent authority and as to whether it is the INC or the SNRC which is the competent authority in this regard, is pending decision before the Supreme Court. Moreso, as the Supreme Court in Special Leave to Appeal (C) No.27309/2018 has issued a 4 THE HIGH COURT OF MADHYA PRADESH W.P. Nos.7474/2018, WP/09868/2018, WP/15118/2018, WP/20856/2018, WP/20860/2018, WP/21136/2018, WP/21561/2018, WP/23568/2018, WP/25440/2018, WP/25526/2018, WP/25527/2018, WP/25528/2018, WP/25529/2018, WP/25712/2018, WP/25716/2018, WP/25720/2018, WP/25821/2018, W.P 26235/2018, WP 26242/2018 & W.P 25841/2018 direction to the SNRC to process the application for recognition, pending decision.
The order passed by the Supreme Court is in the following terms:-
"We have been informed by Mr.Vivek Tankha, learned senior counsel appearing on behalf of the petitioners that consent for affiliation has been granted. However, in the petitioners' application to the State Nursing Council (S.N.R.C.) for recognition, we are informed that because of a pending dispute as to who is the correct authority in this behalf, the S.N.R.C. is not further processing the application for recognition. We direct the S.N.R.C. to hold an inspection as soon as possible and to decide on the issue of recognition latest by 29th October, 2018. If the S.N.R.C. does recognise the petitioners, considering the last date for admissions in 31st October, 2018, the petitioners will be allowed to hold classes for B.Sc (Nursing) as well as GNM (Diploma Course) for the year 2018-2019.
With the aforesaid directions, the special leave petitions stand disposed of."5
THE HIGH COURT OF MADHYA PRADESH W.P. Nos.7474/2018, WP/09868/2018, WP/15118/2018, WP/20856/2018, WP/20860/2018, WP/21136/2018, WP/21561/2018, WP/23568/2018, WP/25440/2018, WP/25526/2018, WP/25527/2018, WP/25528/2018, WP/25529/2018, WP/25712/2018, WP/25716/2018, WP/25720/2018, WP/25821/2018, W.P 26235/2018, WP 26242/2018 & W.P 25841/2018 As prayed by the learned counsel for the petitioners and in terms of the change in the last date for admission and the modification made by the Gwalior Bench of this Court, the present bunch of petitions is disposed of in the same terms as the order passed by the Supreme Court, with a stipulation that the date 29th October 2018 mentioned therein shall be read as 20 th November 2018 and the date 31st of October 2018 shall be read as 30th November 2018.
With the aforesaid stipulation, the petitions are disposed of in similar terms as the order of the Supreme Court.
C.C as per rules.
( R. S. JHA ) ( SANJAY DWIVEDI )
JUDGE JUDGE
mms/-
Digitally signed by MONSI M
SIMON
Date: 2018.11.19 10:53:16 +05'30'