Madhya Pradesh High Court
A D S College Of Nursingh Thr. Its ... vs The State Of Madhya Pradesh on 28 September, 2022
Author: Rohit Arya
Bench: Rohit Arya
1
W.P. No.20438/2021 & connected cases
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
Writ Petitions No. 20438/2021, 24569/2021, 25653/2021,
25657/2021, 25794/2021, 25986/2021, 26003/2021, 26,460/2021,
26462/2021,, 26,464/2021, 26526/2021, 26531/2021, 26602/2021,
26604/2021, 26606/2021, 26615/2021, 26663/2021, 26704/2021,
26707/2021, 26710/2021, 26713/2021, 26733/2021, 26734/2021,
26735/2021, 26736/2021, 26825/2021, 26830/2021, 26880/2021,
26882/2021, 26908/2021, 26909/2021, 26948/2021, 26949/2021,
27281/2021, 27282/2021 AND Contempt Case No.176/2022.
Dated: 28.09.2022
Shri Sankalp Sharma, Shri R.B.S. Tomar and Shri
Jitendra Sharma, learned counsel for the petitioners.
Shri Tapan Trivedi, learned counsel for respondent/M.P.
Medical Science University, Jabalpur.
Shri Chetan Kanoongo, learned counsel for respondent/Indian Nursing Council.
Shri Vivek Khedkar, learned counsel for respondent/M.P. Nursing Council.
Shri M.P.S. Raghuvanshi, learned Additional Advocate General for respondent-State.
Shri Raju Sharma, learned counsel for CBI.
Shri Deepak Purohit, Dy. Superintendent of Police, CBI, ACB, Bhopal, is present in person.
2W.P. No.20438/2021 & connected cases Shri Shailendra Singh Chouhan, Additional S.P. is present in person.
Shri Jiten Shukla, Director, Medical Education and Lt. Col. Sarvjeet Kaur, Secretary, Indian Nursing Council are also present in person.
Dr. Prabhat Kumar Budholia, Registrar, M.P. Medical Science University, Jabalpur, are also present in person.
2. On 27.09.2022, this Court passed a detailed order after hearing learned counsel for the parties, particularly, Shri Sankalp Sharma, learned counsel for the petitioner, Shri Vivek Khedkar, learned counsel for M.P. Nursing Council, Shri MPS Raghuvanshi, learned Additional Advocate General for the State of M.P. It has been found that prima facie M.P. Nursing Council has committed grave irregularity in the matter of granting recognition to 35 Nursing Institutions (in fact 33, as two applications are of same institution) in number of ways viz;
(1) No documents have been produced as regards constitution and existence of executive body, competent to accord recognition for the period 2019-2020;
3W.P. No.20438/2021 & connected cases (2) There is no compliance of the requirement under Section 24 of The Madhya Pradesh Upcharika, Prasavika, Sahai Upcharika Prasvika Tatha Swasthya Paridarshak Registrikaran Adhiniyam, 1972 (for short "Adhiniyam, 1972"), for carrying out inspection of Institutions/Colleges by the Council before granting recognition;
(3) There is non-compliance of Rule 4 of the M.P. Nursing Shikshan Sanstha Manyata Niyam, 2018 (amended Niyam 2019 and 2020) (for brevity "the Niyam") in the matter of existence of administrative building as per Schedule I; hostel as per Schedule II; hospital as per Schedule III; and staff as per Schedule IV to VII, in the nursing Institutions;
(4) There is non compliance of sub-rule 7 of Rule 5 of the Niyam, as there is no documentary evidence to demonstrate deliberations of the Executive Committee in the matter of compliance of Rule 4 of the Niyam before according recognition, particularly in relation to 35 Insitutions before this Court The documents seized by Shri Shailendra Singh Chauhan, Additional S.P., under the directions of this 4 W.P. No.20438/2021 & connected cases Court, verified by Shri M.P.S. Raghuvanshi, are 35 original files of Institutions together with their 35 printouts, 2 registers, two letters (four pages each) relating to meetings dated 12/1/2020 and 18/1/2020 respectively of M.P. Nurses Registration Council. (5) It is astonishing fact that such handful skeletal documents are in relation to recognition of 488 nursing Institutions vide proceedings dated 18/1/2020. The proceedings are in two pages which only enlist the number of Institutions accorded recognition and nothing more i.e. no details of meetings of Executive Committee, no consideration/verification of fulfilment of requirement of Rule 4 of the Niyam before granting recognition by the Council.
3. Shri Tapan Trivedi, learned counsel appearing on behalf of M.P. Medical Science University, Jabalpur, has presented the case in the context of according affiliation to these 35 institutions. He submitted that the M.P. Medical Science University, Jabalpur, is a creation of the statute known as M.P. Ayurvigyan Vishwavidyalaya Adhiniyam, 2011 (for brevity "Adhiniyam, 2011"). Section 3 whereof provides for incorporation of the University. Section 5 of which deals with 5 W.P. No.20438/2021 & connected cases the powers of University, which inter alia under Clause (xiv) is entitled to admit to its privileges the colleges or schools not maintained by University and to withdraw such privileges. Section 24 provides for constitution of the Executive Council. Section 25 provides for functions of Executive Council and inter alia under sub-clause (xii) is empowered to admit colleges or schools to the privileges of the University on the recommendation of the Academic Council. The Academic Council is created under Section 27. Section 28 provides for powers and duties of Academic Council and Clause (v) of sub- section (1) of Section 28 provides for consideration of the application for admission of an institution for the privileges of the University.
He also referred to the Statute No.XXVI framed under Section 36(a) of the Adhiniyam, 2011. The said Statute is called M.P. Ayurvigyan Vishwavidyalaya (Conditions for Colleges/Institutions to admit the Privileges of the University and Withdrawal of such Privileges) Statute, 2013. Rule 3 to 6 whereof provide for fulfillment of various conditions before the college or institution is considered for affiliation including inspection by the Inspection Committee.
The recommendation of the Academic Council and the 6 W.P. No.20438/2021 & connected cases report of the Inspection Committee, in the context of compliance of Rules 3, 4, 5 and 6, is submitted before the Executive Council under Rule 7.
Upon due deliberations, the Executive Council accords affiliation to colleges or Institution. It is only after affiliation of the colleges by the University, colleges and institutions are entitled for admitting the students. Thereafter, for the purpose of registration and enrollment requirement for the under- graduate courses and post-graduate courses are detailed in Ordinance No.1/2014 and Ordinance No.2/2014 respectively vide Annexure R/3.
Shri Trivedi was directed to produce the application submitted by Petitioner/Charak Institution as a random checking. The original documents were produced by Dr. Prabhat Kumar Budholiya. Shri Trivedi, having gone through the documents, fairly states that detailed compliances of the Act and Statute have not been been done before admitting Institutions to the privileges of the University in granting affiliation, registration, as well as, enrolment. There is every possibility of non compliance in cases of other Institutions including 35 Institutions before this Court.
4. Dr. Prabhat Kumar Budholiya states that he has joined as 7 W.P. No.20438/2021 & connected cases Registrar of the University only on 16/07/2021 and prior to that he was not associated with the work of the University. Hence, except the files produced before this Court, he does not have knowledge about the manner in which the M.P. Medical Science University has conducted itself in the matter of granting affiliation to colleges/Institutions. He has nothing to comment upon what has been stated by Shri Tapan Trivedi, after perusing original files.
5. At this Stage, this Court called upon Director, Medical Education to explain the aforesaid state of affairs prevailing in the M.P. Nursing council and M.P. Medical Science University in particular, in the context of granting of recognition by the M.P. Nursing Council and affiliation, registration and enrollment by the M.P. Medical Science University. At the first instance, he stated that he has joined in January, 2022 only. He has no comments to offer or explain serious irregularities and illegalities committed by the M.P. Nursing Council and also by the M.P. Medical Science University as detailed in the order passed on 27/09/2022 and today, for the reason that those facts are not in his knowledge. That apart, though he asserts that for the year 2022 the compliances are being made but it is a mere verbose, as no documentary evidence has been placed on 8 W.P. No.20438/2021 & connected cases record in support thereof. Hence, we discredit his statement made while standing in the well of the Court. As a matter of fact, we are disappointed for want of assistance, much less meaningful assistance, which he was expected to render during the course of hearing.
6. Be that as it may.
7. Indian Nursing council was established by the Act of Parliament known as Indian Nursing Council Act, 1947. The M.P. Nursing Council came into existence after enactment of the Adhiniyam, 1972. However, Indian Nursing Council continued to give recognition to nursing colleges till framing of the Niyam (recognition rules) framed in exercise of power under Section 24 r/w sub-section (1) of Section 33 of 1972 Act. In other words, from 1972 uptill 2018 the Indian Nursing Council has given recognition to the Nursing Colleges.
8. This Court called upon Lt. Col. Ms. Sarvjeet, presently holding the post of Secretary, Indian Nursing Council, to apprise this Court about the procedure followed in the matter of processing and verification of applications of Institutions for grant of recognition in the State of M.P.. It may be stated that after 2017, the Indian Nursing Council is required to issue a certificate of suitability.
9W.P. No.20438/2021 & connected cases
9. Shri Kanungo, learned counsel, and Ms. Sarvjeet, on instructions, tried to persuade this Court that online verification of the application was done but admittedly there was no physical verification by the Indian Nursing Council of any of the institutions in M.P. purportedly for the reason of COVID-19 pandemic. However, this Court cannot lose sight of the fact that M.P. Nursing Council accorded recognitions between January and March 2020 and prior thereto there was no such COVID-19 pandemic situation prevalent. There is no correspondence on record between the Indian Nursing Council and M.P.Nursing Council before issuing suitability certificates after 2017 and particularly uptil 2021. Likewise, before issuing suitability certificates verification process has been restricted to online applications with the hope that information supplied by each of the colleges is duly verified by the M.P. Nursing Council. In nutshell, the INC has also acted in a most represhensible manner while either granting recognition to nursing colleges upto 2017 or suitability certificates after 2017. That apart, such nursing colleges have also been given the right to promote the students to higher class based upon the internal assessment by the colleges, with no evidence on record as regards conducting of classes for completion of the 10 W.P. No.20438/2021 & connected cases courses as per syllabus either online or offline. It is a queer situation, as on one hand, existence of colleges and compliances of mandatory requirements of Acts and Rules framed remain unverified and on the other hand such colleges are instructed to give general promotions based on internal assessment. As such, the role of Indian Nursing Council has also not been above board and in fact vulnerable in public domain.
10. Upon consideration of the entire subject matter at issue, as detailed in the order passed on 27/09/2022 and today i.e. 28/09/2022, we are of the considered view that the M.P. Nursing Council, M.P. Medical Science University and also Indian Nursing Council have not conducted themselves in accordance with the provisions of Adhiniyam, 1972, Adhiniyam, 2011, Statute and Ordinances in the matter of granting recognition, affiliation, registration and enrollment to the nursing colleges and so-called students.
11. Upon perusal of the original record produced by M.P. Nursing council and M.P. Medical Science University and also that of Indian Nursing Council, we are satisfied prima facie that the Authorities have acted in a slipshod manner contrary to the provisions of the Act and the Rules. Institutions lacking 11 W.P. No.20438/2021 & connected cases in infrastructure and logistics regard being had to the Rules, have been permitted to run the colleges/Institutions admitting indiscriminately unverified number of persons as students. This Court could only lay hands over the original records of the 35 colleges only. The possibility of such grave illegalities and irregularities committed by statutory bodies in respect of other colleges in the State of Madhya Pradesh also cannot be ruled out.
12. The clandestine manner of granting recognition and admitting Institutions/Colleges to the privileges of the Medical Science University (affiliation and enrolment) with an oblique motive to achieve collateral purposes is ex facie apparent, jeoparidizing public health and life of innumerable patients in hospitals and primary health centres, at the hands of so called students of such colleges holding certificate of qualified nurse.
That apart, if the affairs prevailing in such statutory bodies are not checked through a comprehensive enquiry by an independent body, grave irreparable harm shall be caused to the society at large as recurrence of such illegalities cannot also be avoided in times to come, at the cost of public health and human life.
13. Consequently, we hereby order the Director, CBI, Lodhi 12 W.P. No.20438/2021 & connected cases Road, New Delhi, to appoint a senior responsible officer with the team of officials, as required, to conduct a comprehensive enquiry:-
"(i) In the affairs and activities of the Indian Nursing Council, M.P. Medical Science University and M.P. Nursing Council in the context of recognition granted by Indian Nursing Council up to 2017 and suitability certificates thereafter to various nursing colleges in the State of Madhya Pradesh;
(ii) In the matter of recognition granted by M.P. Nursing Council to Nursing Colleges in Madhya Pradesh, particularly to these 35 petitioners before this Court;
(iii) Affiliation and registration/enrollment granted to the students of various nursing colleges by M.P. Medical Science University, particularly to students of these 35 institutions."
As requested by Shri Raju Sharma, learned counsel appearing on behalf of CBI, the logistics, manpower, assistance and documents shall be provided by the State and all the three institutions i.e. Indian Nursing Council, M.P. 13 W.P. No.20438/2021 & connected cases Nursing Council and M.P. Medical Science University to the CBI. Besides, accessibility of the CBI to the Institutions shall be allowed by the Institutions and, if required, the CBI may inspect other Institutions as well.
14. The 23 files produced by M.P. Nursing council, sealed in this Court, shall be kept in a safe custody by the Principal Registrar of this Court.
The 35 original files of Institutions together with their 35 printouts, 2 registers, two letters (four pages each) relating to meetings dated 12/1/2020 and 18/1/2020 respectively of M.P. Nurses Registration Council produced by Shri S.S. Chauhan, Additional S.P., shall be sealed and handed over to the Reader of the Court to be kept in safe custody with the Principal Registrar of this Court.
The Madhya Pradesh Medical Science University Jabalpur shall deposit original records of 35 petitioners in a sealed cover with the Principal Registrar of this Court through their counsel Shri Tapan Trivedi within seven working days.
The Indian Nursing Council shall also deposit original records of 35 petitioners in a sealed cover with the Principal Registrar of this Court through their counsel Shri Chetan Kanoongo within seven working days.
14W.P. No.20438/2021 & connected cases The Principal Registrar shall hand over the records to the authorized officer of the CBI as and when requested.
Three months' time, as prayed for, is granted to the CBI to complete the enquiry and submit the report.
List this case for further orders on 05/01/2023. Order passed today shall be read conjointly with the order passed on 27/09/2022.
A copy of the order passed today shall be kept in each connected file.
Certified copy of the order passed today shall be given to Shri Raju Sharma, learned counsel appearing on behalf of CBI, free of cost for onward transmission and compliance.
A copy of this order be retained in each of the connected petitions.
(Rohit Arya) (Milind Ramesh Phadke)
Judge Judge
Dubey
SUNEEL
DUBEY
2022.09.29
16:40:07
+05'30'