Madhya Pradesh High Court
Ic College Of Nursing Runs By Ku. Divya ... vs Indian Nursing Council Thr. on 20 January, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 WP-20845-2019
The High Court Of Madhya Pradesh
WP-20845-2019
(OM CHARITABLE CHIKITSHA SAMITI Vs THE STATE OF MP AND OTHERS)
&
WP/10584/2019, WP/13378/2019, WP/22598/2019, WP/25775/2019, WP/25776/2019,
WP/27666/2019, WP/28558/2019, WP/28565/2019, WP/28566/2019, WP/28571/2019,
WP/28572/2019, WP/28574/2019, WP/28576/2019, WP/28577/2019, WP/28579/2019,
WP/28592/2019, WP/28594/2019, WP/28607/2019, WP/28608/2019, WP/28619/2019,
WP/28637/2019, WP/28639/2019, WP/28650/2019, WP/28675/2019, WP/28676/2019,
WP/28677/2019, WP/28678/2019, WP/28679/2019, WP/28683/2019, WP/28696/2019,
WP/28697/2019, WP/28708/2019, WP/28715/2019, WP/28717/2019, WP/28722/2019,
WP/28723/2019, WP/28724/2019, WP/28751/2019, WP/28758/2019, WP/28767/2019,
WP/28768/2019, WP/28771/2019, WP/28783/2019, WP/29038/2019, WP/29040/2019,
WP/00073/2020, WP/00142/2020, WP/22260/2019 & WP/1515/2020
12
Gwalior, Dated : 20-01-2020
S/Shri D.K.Katare, H.K.Shukla, S.S.Bansal, M.P.S.Raghuvanshi,
Prashant Sharma, R.B.S.Tomar, K.S.Tomar, Sankalp Sharma, Vivek Jain,
Prashant Singh Kaurav, S.S.Kuswaha, Yogesh Singhal, Aprajita Singh, Ajay
Bhargava, Anil Kumar Shrivastava, Ashish Saraswat, Ram Kishor Sharma,
Anmol Khedkar, Jitendra Kumar Sharma, Pawan Kumar Dwivedi, Dinesh
Kumar Agrawal, Shri Mahesh Goyal and Shri Himanshu Sharma, Advocates
for the petitioner(s).
Shri Vivek Khedkar, Advocate for respondent/Registrar, M.P. Nurses
Registration Council, Bhopal Shri Tapan Trivedi, Advocate for respondent/M.P. Medical Science University, Jabalpur.
Smt. Jayanti Chaurasiya, Registrar, of M.P. Nursing Council, Bhopal is present in person in pursuance of the order dated 6/1/2020 passed in W.P. No.20845/2019.
Heard on the question of interim relief.
Learned counsel for the petitioners pray for grant of interim relief to allow the students of B.Sc Nursing, Post Basic B.Sc Nursing, M.Sc Nursing and GNM, as the case may be, to appear in the examinations. It is contended that the petitioners-Institutes have admitted students of the aforesaid courses after grant of recognition for the academic session 2018-2019. This Court in many identical cases has granted the interim relief and allowed the students to 2 WP-20845-2019 appear in the aforesaid examinations. However, in some cases, one of such being W.P. No.28763/2019, the interim order was declined vide order dated 30/12/2019. Petitioners therein assailed the rejection order by filing Special Leave to Appeal (C) No. 406/2020. The Apex Court vide order dated 13/1/2020 issued notices and, meanwhile, directed that the students may be allowed in the examination which is being conducted. Learned counsel contends that students of the petitioners-Institutions are also entitled to similar relief as granted by the Apex Court.
On the other hand, learned counsel for the respondents vehemently objected to grant of interim relief and submitted that in most of the courses, examinations have already commenced and, at this stage, interim relief cannot be granted. Moreover, there is a serious dispute with regard to grant of recognition to the petitioners-Institutes by the competent Authority and in absence of the same, the Institutes could not have admitted the students for the aforesaid courses. It is further submitted that for the course of GNM, the examination is already over and now interim relief cannot be granted to the Institutions conducting GNM course. Shri Khedkar further placed reliance on decision in the case of Pt. Bateswari Dayal Mishr Shiksha Samiti Vs. Madhya Pradesh Nurses Registration Council ((2019)5 SCC 379) to contend that the students of the Institutions not having recognition/affiliation were not even permitted to appear in the examination and their cases were rejected as there was no occasion for the petitioners-Institutes to run the nursing courses. On this ground, prayer for rejection of interim relief is made.
Heard, learned counsel for the parties.
Considering the fact that the Apex Court in Special Leave to Appeal (C) No. 406/2020 has allowed the students to appear in the examinations which were going on, by way of interim relief, it is directed that the duly admitted students shall be permitted to appear in the examinations for the aforesaid courses except GNM course as the examination for GNM course are already over, subject to fulfilling the condition of depositing the 3 WP-20845-2019 requisite fee with the Authority concerned.
The aforesaid interim order shall be subject to final decision in the writ petitions, as well as, Special Leave to Appeal (C) No. 406/2020 pending before the Apex Court. It is further made clear that no equity shall be created in favour of the petitioners by virtue of the interim relief granted by way of this order.
The petitioners shall inform the students appearing in the examination in pursuance of the aforesaid interim order in individual capacity that the interim relief granted would not create any right in their favour and shall be subject to outcome of present petitions, as well as, the orders passed by the Apex Court in similar cases wherein SLPs have been preferred.
The petitioners shall file affidavit informing this Court that they have informed each and every student individually within ten days from today.
It is made clear that by virtue of this order no interim relief is being extended to the students of GNM course.
List for analogous hearing in the week commencing 3/2/2020. The respective IAs seeking interim relief, stand closed. C.C. as per rules.
A copy of this order be retained in each of the aforesaid petitions.
(S. A. DHARMADHIKARI) (VISHAL MISHRA)
JUDGE JUDGE
(and)
ANAND
SHRIVASTAVA
2020.01.21
11:21:17
+05'30'