Madhya Pradesh High Court
Om Charitable Chikitsa Samiti Thr vs The State Of Madhya Pradesh Thr on 9 November, 2017
Equivalent citations: AIR 2018 (NOC) 323 (M.P.) (GWALIOR BENCH)
Bench: Sanjay Yadav, S.K. Awasthi
1 WP.3286.2016
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
DIVISION BENCH:
HON'BLE SHRI JUSTICE SANJAY YADAV
&
HON'BLE SHRI JUSTICE S.K. AWASTHI
WRIT PETITION 3286 OF 2016
Om Charitable Chikitsa Samiti
A society registered under the Madhya Pradesh Societies
Registrikaran Adhiniyam, 1976, through its Secretary
Mrs. Shakuntala Tomar
Vs.
State of M.P. and another
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Shri S.S. Bansal, learned counsel for the petitioner.
Shri Harish Dixit, learned Government Advocate, for
respondent No.1/State.
Shri Vivek Khedkar, learned counsel for respondent No.2.
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Whether approved for reporting : Yes/No
ORDER
(09/11/2017) Per Justice Sanjay Yadav:
Petitioner-Society, registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1976, engaged in imparting education in paramedic through K.S. Paramedical College, has approached this Court being aggrieved by the order dated 14.03.2016 passed by
2 WP.3286.2016 the Additional Secretary, State of Madhya Pradesh, Department of Medical Education whereby it is informed that because of case being registered vide Crime No.362/2015 under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act and under Sections 420, 467, 468, 471 and 120-B of IPC as regard to the charges of embezzlement of scholarship, extension for para medical courses for the academic year 2015-16 cannot be granted. Challenge is also to the order dated 30.03.2016 passed by the Registrar, M.P. Paramedical Council which is in the same terms as communication dated 14.03.2016.
(2) Evidently, the petitioner was granted recognition in the year 2005 under Section 24 of the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (for brevity "the Adhiniyam, 2000). Thereafter, the said recognition has been renewed from time to time till academic session 2014-15 to run paramedical courses, namely, Degree in Bachelor of Physiotherapy, Diploma in Medical Lab Technician, Certificate Course in X-Ray Radiographer Technician, Certificate Course in O.T. Technician, Certificate Course in Health Inspector, Certificate Course in Ortho Technician, Certificate Course in E.C.G. Technician, Certificate Course in Ultra Sound Technician, Certificate Course in Naturopathy and Certificate Course in Yoga. However, for the academic session 2015-16, the renewal has been declined for the reason that an offence is registered against the institution and its directors.
(3) Taking us through various provisions of the Adhiniyam, 2000 and the rules framed thereunder, namely, Madhya Pradesh Paramedical Education (Norms And Guidelines For Establishment of Paramedical 3 WP.3286.2016 Institutions) Rules, 2007, the petitioner has challenged the impugned orders on the ground that the reasons for which the renewal has not been granted are not supported by any of the statutory provisions contained in the Act and the Rules framed thereunder.
(4) Learned counsel appearing on behalf of the State as well as Paramedical Council though supported the order reiterating the grounds on which the renewal has been denied, however, they fail to establish from the statutory provisions that the lodging of a complaint against the institution would debar it from further recognition or such complaint would enure a disability to continue to impart education in the course for which the recognition was granted.
(5) Chapter V of the Adhiniyam, 2000, deals with paramedical institutions and recognition. Section 24 envisages provisions relating to recognition of paramedical qualification in certain cases. That the State Government in exercise of its powers conferred by Section 45 of the Adhiniyam, 2000, has made rules for fixing norms and guidelines for establishment in the State of Madhya Pradesh, Saha Chikitsiya Shikshan Sansthan i.e. paramedical institutions. Rule 3 lays down eligibility criteria:
"3. Eligibility Criteria.-The following organization shall be eligible to apply for permission to establish new sah-chikitsiya shikshan sansthan:-
(a) University of any state or Union territory.
(b) Autonomous bodies promoted by Central Government or State Government.
(c) Societies registered under the Societies 4 WP.3286.2016 Registration Act, 1860 (No.21 of 1860) or registered under any corresponding laws for the time being in force in the State and applicable in this respect.
(d) 'Public, religious or charitable trusts' registered under Indian Trusts Act, 1882 (No.21 of 1882) or Wakfs Act, 1954 (No.29 of 1954)."
(6) Rule 4 stipulates qualifying criteria in the following terms:
"4. Qualifying Criteria.-The eligible organization shall abide by the provisions of the Act and regulations made hereunder and amended from time to time. The organization shall qualify to apply for permission to establish a new Sah Chikisiya Shikshan Sansthan subject to the fulfillment of the following terms and conditions:-
(a) That the Para education is one of the main objective of the applicant.
(b) That the applicant must owns on his own name half acre land in urban area or one acre land in rural area for three or more than three courses on which the applicant should have five to seven thousand square fee constructed building. The institutions who have their own hospital in accordance with the provisions of the concerned Act and the rules made thereunder but do not have land according to the prescribed norms in these rules, the applications of such institutions may be considered and the institutions may be permitted with the condition that they shall arrange the prescribed land in confirmation of rule 4(b) within one year from the date of obtaining the permission.
(c) [Cls. (c) omitted by Notfn. dated 12-11-2009]
(d) That the consent of affiliation for the proposed Sansthan has been obtained from a recognized university for the proposed courses.
(e)(i) That the applicant owns and manages a hospital of not less than 100 beds (for degree and diploma coursers) or 50 beds (for maximum three certificate courses) with necessary infrastructural facilities and capable for being developed into teaching institution as prescribed by the Parishad, and which is in the 5 WP.3286.2016 vicinity of proposed Sansathan.
(ii) That where the applicant has arranged minimum 50 beds hospital, for three para medical certificate courses, the application for permission of such applicant may be considered and permitted after being satisfied.
(iii) That the institution which wishes to conduct Para-Medical Courses in any district except the district of Divisional Head Quarter and has obtained affiliation from District Hospital, the application for permission may be considered on the basis of maximum four institutions in each district and two institutions in the Tahsil and Block and have been recognized by the district Hospital/Health Centre.
(f) That the applicant has a feasible and time bound programme to set up the Sansthan along with required infrastructural facilities including adequate hostel facilities for boys and girls as prescribed by the council which commensurate with the proposed intake of students as to complete the Sansthan within a period of four years for degree, two years for diploma and one year for certificate course from the date of grant of such permission.
(g)(i) The Saha Chikitsiy Shikshan Sansthan shall admit students only after the Parishad is satisfied about infrastructural and other facilities for starting such courses.
(ii) If in future the recognition of any Sansthan is withdrawn on any ground then the Parishad shall have the right to transfer the students of such Sansthan to any other recognized Sansthan.
(h) That the applicant has the necessary managerial and financial capabilities to establish the proposed Shiskshan Sanshthan and its ancillary facilities like teaching staff etc.
(i) That the applicant institution along with application shall provide three years audit report of the chartered accountant regarding its financial position.
(j) That the applicant shall submit a bank guarantee of rupees three lakhs for one to three 6 WP.3286.2016 courses, five lacs for one to ten courses and for more than ten courses in addition to five lacs, at the rate of two lacs for each additional course for all subjects in favour of the Parishad, for fulfillment infrastructural, teaching and other norms fixed by the Parishad. If the Parishad is of the opinion that the institution is not working as per rules, then the bank guarantee submitted by the institution shall be forfeited to by the Parishad.
Exception.- The above condition shall not apply to applicants who are State Government provided that they shall give an undertaking to provide funds in their budget regularly and give grant-in-aid till facilities are fully provided as per the time bound programme indicated by them."
(7) Rule 10 deals with the provision regarding grant of permission stipulating therein:
"10. Grant of Permission.-(1) The Parishad may issue letter of formal permission to set up a new paramedical educational institution with the conditions of modification in the original proposal, as may be considered necessary. The formal permission may be granted only after the conditions are fulfilled and modification are accepted, carried out and compliance of submitting of bank guarantee for the required sums are furnished by the applicant.
(2) The formal permission shall include time bound programme for the establishment of the paramedical educational institutions and expansion of the hospital facilities. This permission shall also include a clear cut definition of preliminary requirements to be met in respect of building, infrastructural facilities, medical equipment, faculty and staff etc., before admitting the first batch of students. The permission will also define annual targets to be achieved by the applicant in respect of intake of students during the succeeding years.
(3) The aforesaid permission to establish a new paramedical educational institution and admit students shall be granted initially for a period of one year and may be renewed on yearly basis subject to verification of the achievements of annual target and revalidation of the performance of bank guarantees.
This process of renewal of permission will continue 7 WP.3286.2016 till the establishment of the paramedical educational institution and expansion shall continue till the establishment of the paramedical educational institution and expansion of the hospital facilities are completed and a formal recognition of the institution is granted by the Parishad.
(4) Further admissions are liable to be stopped at any stage unless the requirements for various steps of development are completed to the satisfaction of the Parishad.
(5) The Parishad may obtain any other information as it may deem fit and necessary."
(8) Evidently, sub-rule (3) of Rule 10 stipulates that the permission to establish a new paramedical educational institution and admit students shall be granted initially for a period of one year and may be renewed on yearly basis subject to verification of the achievements of annual target and revalidation of the performance of bank guarantees. This process of renewal of permission will continue till the establishment of the paramedical educational institution and expansion shall continue till the establishment of the paramedical educational institution and expansion of the hospital facilities are completed and a formal recognition of the institution is granted by the Parishad.
(9) A combined reading of these provisions reflects that an institution which has been granted permission will not be rendered ineligible merely because some offence is registered.
(10) The respondent/State having failed to establish the authority in them under the law to decline permission for recognition for subsequent academic year merely on the ground of there being criminal case registered against the 8 WP.3286.2016 institution or its members or its office bearers, the impugned orders passed by the Additional Secretary, State of Madhya Pradesh, Department of Medical Education and by the Registrar, M.P. Paramedical Council cannot be given stamp of approval.
(11) Consequently, impugned orders dated 14.03.2016 (Annexure P-1) and 30.03.2016 (Annexure P-1A) are quashed.
(12) As regard to the relief, since the academic session 2015-16 and 2016-17 are already over, the petitioner would be at liberty to file an application for continuation of extension of recognition for next academic session 2017-18 and unless otherwise ineligible under the Adhiniyam, 2000 and the Rules made thereunder, the respondents are directed to consider the same in accordance with the rules in vogue.
(13) Petition stands disposed of finally in above terms.
(Sanjay Yadav) (S.K. Awasthi)
Judge Judge
(09/11/2017) (09/11/2017)
pd
PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=P.S., postalCode=474011, DHARK st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492fe82dc 3b1eef67eff2cb59f3ac97e920ac264de782 8, 2.5.4.45=032100D9E23E0AF1764D6C415B AR 98C2D187E007D63FBAC9382605B5A5112 A42DADEB61D, cn=PAWAN DHARKAR Date: 2017.11.14 09:42:26 -08'00'