Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Christ Colllege Of Nursingh Run By ... vs Madhya Pradesh Nurses Registration ... on 28 April, 2022

Author: Vivek Rusia

Bench: Vivek Rusia, Amar Nath Kesharwani

                               - : 1 :-
                                                       W.P. No. 9876/2022



         IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
        BEFOREHON'BLE SHRI JUSTICE VIVEK RUSIA &
     HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                   ON THE 28th OF APRIL, 2022

                 WRIT PETITION No. 9876 of 2022

  Between:-
  CHRIST COLLLEGE OF NURSINGH RUN BY CHRIST
  ACADEMIC AND EDUCATION SOCIETY THROUGH
  PRESIDENT SUSHIL KUMAR PRASAD S/O LATE SHRI
  MAJOR B.D.V. PRASAD , AGED ABOUT 64 YEARS,
  OCCUPATION: SOCIAL WORKER CHRIST COLLEGE OF
  NURSING RUN BY CHRIST ACADEMIC AND EDUCATION
  SOCIETY, BIORA, (MADHYA PRADESH)
                                       .....PETITIONER
  (BY SHRI PRADEEP KUMAR GUPTA WITH SHRI BHARAT
  YADAV, ADVOCATES FOR THE PETITIONER)

  AND

   MADHYA PRADESH NURSES REGISTRATION COUNCIL
   THROUGH ITS CHAIRMAN 3RD FLOOR GOMANTIKA
1.
   PARISAR, 12TH OFFICE JAWAHAR CHOUWK BHOPAL
   (MADHYA PRADESH)
   THE PRINCIPAL SECRETARY VITH FLOOR, SATPURA
2.
   BHAWAN, ARERA HILLS, BHOPAL (MADHYA PRADESH)
                                        .....RESPONDENTS
   (BY MS. MINI RAVINDRAN, ADVOCATE FOR RESPONDENT
   No.1. SHRI BHASKAR AGRAWAL, GOVT. ADVOCATE FOR
   RESPONDENT/STATE.)
                         ORDER

The petitioner has filed the present petition being aggrieved by order dated 12.4.2022 whereby while granting fresh recognition for this academic year, the seats have been reduced from 100 to 60.

Learned counsel for the petitioner submits that the aforesaid reduction in seats has been done without giving any opportunity of

- : 2 :-

hearing to the petitioner. The petitioner is fulfilling all the requisite eligibility criteria to run the college with the capacity of 100 seats. The petitioner is seeking relief to the effect that the respondents be directed to enhance the seats from 60 to 100.

The recognition is governed under the M.P. Nursing Educational Institution Recognition Rules, 2018 published in Official Gazette dated 16.10.2018 enacted by the State Government. Under rule 13 of the said Rules, there is a remedy of submitting representation against the order within 7 days.

Learned counsel appearing for respondent No.1 is not disputing the aforesaid availability of remedy to the petitioner. Therefore, we dispose of this petition with liberty to the petitioner to submit a representation to the authority under rule 13 of the Rules of 2018. If such a representation is submitted within 7 days from today, the same shall be considered in accordance with law.

With the aforesaid, this petition stands disposed of. It is made clear that we have not expressed any opinion on the merits of the case.

         [ VIVEK RUSIA ]            [AMAR NATH (KESHARWANI)]
             JUDGE.                         JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2022.04.30 10:41:48 +05'30'