Madhya Pradesh High Court
Sardar Patel Institute Of Paramedical ... vs Madhya Pradesh Ayurvigyan ... on 3 August, 2022
Author: Vivek Rusia
Bench: Vivek Rusia, Amar Nath Kesharwani
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W.P. No.9479/2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 3rd OF AUGUST, 2022
WRIT PETITION No. 9479 of 2022
Between:-
SARDAR PATEL INSTITUTE OF PARAMEDICAL SCIENCES
BANNAKHEDA JAORA THROUGH CHAIRMAN GENDALAL
PATEL S/O SHRI BIRBHAN PATEL, AGED ABOUT 47 YEARS,
OCCUPATION: CHAIRMAN RATLAM (MADHYA PRADESH)
.....PETITIONER
(SHRI VEER KUMAR JAIN,SENIOR ADVOCATE VAIBHAV JAIN,
ADVOCATE FOR THE PETITIONER.)
AND
MADHYA PRADESH AYURVIGYAN VISHWAVIDHYALAYA
JABALPUR VICE CHANCELLOR MADHYA PRADESH
1.
AYURVIGYAN VISHWAVIDHYALAL MEDICAL COLLEGE
CAMPUS JABALPUR (MADHYA PRADESH)
MADHYA PRADESH AYURVIGYAN THROUGH REGISTRAR
2.
VISHWAVIDHYALAYA, JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUNIL KUMAR JAIN, SENIOR ADVOCATE WITH SHRI
RISHI PALIWAL, ADVOCATE FOR RESPONDENTS.)
This petition coming on for order this day, JUSTICE VIVEK
RUSIA passed the following:
ORDER
The petitioner has filed this petition being aggrieved by the action of respondent No.1 denying the affiliation to run the Para Medical College despite recognition granted by M.P. Para,
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W.P. No.9479/2022Medical Council.
[1] The petitioner is a Society registered under the M.P. Cooperative Societies Act established with the aim to run Paramedical College.
[2] The M.P. Paramedical Council (hereinafter referred to as 'the Council') is established under M.P. Sah Chikitsiya Parishad Adhiniyam, 2000 (hereinafter referred to as Adhiniyam, 2000) to grant recognition for establishing new colleges and schools in the field of paramedical courses. The State Government has framed the rules for this purpose in the name of the Madhya Pradesh Paramedical Education Institutions (Norms and Guidelines) Establishment Rules, 2021. (hereinafter referred to as Rules 2021) [3] That the M.P. Medical Science University (hereinafter referred to as the University) is established under the Madhya Pradesh Ayurvigyan Vishwavidhyalaya Adhiniyam, 2011. (hereinafter referred to as Adhiniyam 2011). Under provisions of the above statutes after obtaining recognition from the Premedical Council, the educational institutions are required to get an affiliation from the University established Adhiniyam, 2011 before granting admission to the students. It is not in dispute that the petitioner's society had established the Para Medical Colleges to run the Para Medical Course and after due verification under the prevailing rules called the Madhya Pradesh Para Medical Education (Norms and Guidelines for Establishment of Para Medical Institution) Rules, 2007 ( now repealed by Rules of 2021). After obtaining the recognition, the petitioner had given admission to the
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students for the academic session 2018-19 & 2019-20 as per the permitted intake capacity by the council. Petitioner has sent the list of students along with necessary fees to the University with an application for a grant of affiliation. It is also not in dispute that the University has denied the affiliation to the petitioner by passing a resolution in its meeting on the ground that antedated affiliation cannot be granted, and the petitioner is not fulfilling the norms of affiliation. The petitioner has assailed the impugned action mainly on the ground that for subsequent academic sessions the council, as well as a university, have granted recognition, and, affiliation respectively, hence it cannot be alleged that the petitioner is not fulling the norms of affiliation. Hence the petitioner is before this court.
[4] The respondent/ the University has filed a reply by submitting that the petitioner has violated the conditions of recognition by granting admission to the students before getting affiliation which makes them ineligible to get affiliation, hence, affiliation has rightly been denied. However, it is not disputed that the petitioner has been granted recognition from Para Medical Council and affiliation from the University for subsequent years. The dispute is only in respect of the year 2018-19 & 2019-20 in which the petitioner had given admission to the students as per permitted intake capacity and imparting the education. [5] Shri V.K. Jain learned Senior counsel appearing for the petitioner submits that when the Madhya Pradesh Paramedical Council after due verification and inspection had granted recognition to establish and run a college, nothing remains for the University to re-inspect and examine again for grant of affiliation.
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The University grants affiliation only for limited purposes viz enrollment of students and to conduct an exam and thereafter for issuance of mark sheets and degrees to the students of all the institutions affiliated with the University. In support of his contention, the learned senior advocate has placed reliance on the judgment passed by the Apex Court in the case of Rungta Engineering College, Bhilai and Another Vs Chhatisgarh Swami Vivekanand Technical University and Another (2015) SCC 291, Sapphire Institute of Nursing and Science Vs. The State of M.P. and Another, (2022)1 MP LJ 651 . Shri Jian learned senior counsel has also relied on the judgment passed by the High Court of Judicature at Hyderabad in the case of SLC College of Pharmacy and Ors. Vs. Jawaharlal Nehru Technological University and Ors, MANU/AP/0345/2015 and Oriental College Amarwada, Main Road, Amarwada vs. The State of Madhya Pradesh (W.P. No. 26353/2021 dated 06.01.2022). Shri V.K.Jain, learned Senior counsel further submitted that the University has adopted a discriminatory attitude toward the petitioner, the reason being except for the petitioner, other colleges have been granted affiliation for the period 2018-19 and 2019-20 in the year 2022 by the University.
[6] Per contra Shri Sunil Jain, learned Senior counsel appearing on behalf of the University emphasised that since the petitioner has violated a condition of recognition as well as the provisions of the Madhya Pradesh Ayurvigyan Vishwavidhyalaya (Ordinance) Regarding Affiliation/ Recognition Fees Payable By the College/Institution to the University Ordinance 2014 (No.3 of 2014) by granting admission to the students before affiliation,
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therefore, not entitled to affiliation at this stage. Learned senior advocate has fairly admitted that the University has committed a mistake in granting affiliation to most of the colleges in the year 2022 for the past years but it is settled law that the negative parity cannot be claimed before the High Court in a petition filed under Article 226 of the Constitution of India. It is further submitted by the learned senior advocate that under the Adhiniyam, 2011, it is the duty university to inspect and verify as the colleges/ schools are running as per norms, therefore, merely recognition has been granted that does not entail them to get affiliation automatically from the university. Criteria and considerations for recognition and affiliation are altogether different. The council and the university are independent statutory bodies to examine the individual case under the relevant Acts, Rules and Ordinance applicable in the respective fields. Shri Sunil Jain learned Senior Counsel in support of aforesaid contentions has placed reliance on sections 5 (xxvii) (xxviii), (xxvi) (xxvii) of Adhiniyam, 2011 and Section 3 (v) 4, 6 and 7 of Ordinance No.03/2014. Shri Jain learned senior advocate has also placed reliance on the judgment passed by the Apex Court in the case of All India Council For Technical Education Vs. Surinder Kumar Dhawan and Others, (2009) 11 SCC 726, University Grants Commission and Another Vs. Neha Anil Bobde (Gadekar) (2013) 10 SCC 519, Tamil Nadu Dr. MGR Medical University Vs. SVS Educational and Social Trust, (2019) 12 SCC 613, in which the Apex Court has held that in academic matters unless there is a clear violation of statutory provisions, the regulations or the notification issued, the courts shall keep their hands off since those issues fall within the domain of the experts. It
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has further been held that the court shall not generally sit in appeal over the opinion expressed by the expert academic bodies and normally it is wise and safe for the courts to leave the decision of the academic experts who are more familiar with the problem they face than the courts generally are.
We have heard the learned counsel for the parties and perused the record.
[7] It is not in dispute that the petitioner is having recognition from the Para Medical Council under M.P. Sah Chikitsiya Parishad Adhiniyam, 2000 for the year 2018-19 & 2019-20. The has given admission to the students and thereafter applied for affiliation to the University but the same has been rejected by the University in its meeting by giving reasons in brief. Nothing is on record to show that before rejection any inspection was carried out or any queries were made from the petitioner. What are the shortcomings in rejecting the affiliation to the petitioner are also not disclosed by the university either in the impugned order or in the reply filed before this court except affiliation cannot be granted for the past year.
[8] The establishment of the Para Medical College is governed under the Adhiniyam, 2000 and the Rules,2021 framed there. Earlier the Rules 2007 were framed and now the same has been repelled by Rules 2021. These rules,2021 provide the complete procedure for grant of recognition to the educational institution by the Paramedical council. Rule 3 provides qualifications for recognition of an Educational Institution. Rule 4 provides the Procedure of Recognition. Rule 5 provides a recognition period.
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Rule 6 gives power to the council to cancellation of Recognition. Rule 7 provides Inspection of Institution. Rule 9 provides Penalty and Rule 10 provides Admission Process. The qualification for recognition of educational institution as provided in the Rule and after due verification of this qualification the council has granted recognition to establish Para Medical Colleges to petitioner and said fact is not in dispute.
[9] However, every educational institution must get affiliation from the University established under the Adhiniyam, 2011. The objective of the establishment of the University is to maintain standards in the field of medical and paramedical education in all streams. The powers of the University are provided in Section 4 as such under Section 5, the University is also having the power to inspect the college or school or institution and to take measures to ensure that proper standards of institution, teaching or training are maintained. The language of this provision is that already running institutes are maintaining the proper standard in teaching and training. The prime function of the University is to confer degrees, diplomas, certificates and other academic distinctions on persons who have carried out research and passed the examination from recognized and affiliated educational institutions. Section 6 provides jurisdiction of the University and according to which the jurisdiction of the University shall extend to the whole of the State of Madhya Pradesh. As per sub-section 2 of Section 6 any college or school of an institution imparting education in Medical, Dental, Nursing, Ayurvedic, Unani etc. notified on this behalf by the State Government be deemed to be associated with and admitted to the
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privileges of the University. Section 9 provided provision for inspection of the University and colleges by the university. The authority has been given to the university to conduct an inspection of universities and colleges which are already established and running the course and imparting education. There is no provision that the inspection shall be carried out before granting the affiliation.
[9] Section 24 provides the constitution of the Executive Council of the University consisting of 10 members and the powers and duties of the Executive Council are given in section 25. Sub (xxxiv) provides power to fix demand and receive such fees and other charges as may be prescribed by the Ordinances. Sub Section (xxv) of Section 25 gives power to the council to arrange for and direct the inspection of affiliated colleges, recognized institutions and hostels and to issue instructions for maintaining their efficiency. This also provides the inspection and control over affiliated colleges not before the affiliation. Under Section 5 (xxvi) (xxvii) read with 25 (xxix) the University has issued ordinance No.03/2014 and prescribed the affiliation fees. This ordinance only provides issuance of consent for provisional affiliation from the university for opening a new college. Clause 4 of the ordinance provides every affiliated College/recognized institution shall submit an application on or before 31st October of every year in the prescribed form, for the continuation of affiliation or recognition of affiliation. Under this provision, the university insists on submission of an application for affiliation every year for continuation although, under the Adhiniyam, 2011 and Ordinance no. 03/2014 nothing is provided that the affiliation is only for one year and liable to be renewed
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every year. Renewal of affiliation every year is casting a heavy financial burden on the institution which is shifted to the students who come from the lower or middle class of the society to pursue paramedical courses. In our opinion demanding an application for renewal of affiliation from the recognized educational institutions every year is not the requirement of the Adhiniyam, 2011 and Ordinance.
[10] In the entire Adhiniyam, 2011 ad Ordinance no criteria have been fixed for grant of affiliation on which the University can refuse the affiliation. Once the recognition has been granted after following the due procedure prescribed under the Adhiniyam, 2000 and Rules, 2021( or under repealed rules ) then the same norms are not to be looked into or examined by the University for granting of affiliation. The affiliation is only limited to conducting examinations and issuance of mark-sheet, degrees, or diplomas as the case may be as discussed in the above paras.
[12] It is made clear that once the educational institution has been established after due recognition and affiliation, the University still has the power to inspect and see whether the norms are being followed or not and if the university finds any deficiency in staff, building, laboratory and hostel etc. affiliation can be withdrawn after following principle of natural justice. Even the Paramedical Council is having the power to withdraw the recognition.
[13] Therefore, given the above discussion, we are of the considered opinion that the role of the University is very limited in granting affiliation to the educational institutions which have already been duly recognized by the respective council.
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[14] In this present case the rejection of affiliation of the petitioner by the university is only on the ground that it cannot be granted for 2018-19 and 2019-20 in 2022 whereas Shri Sunil Jain, learned Senior counsel is not disputing that except in the case of the petitioner, in other more than 40 cases the affiliation has been granted for past years, therefore, the University should not discriminate between the similarly placed educational institution. The issue of negative parity has already been negatived by this Court in the case of Oriental College Amarwada, Main Road, Amarwada (supra). It is also not in dispute by the University that the petitioner has given admissions to the students and deposited the requisite fees with the University with all documents.
Given the above, we hereby remand the matter to the University to reconsider the case of the petitioner for grant of affiliation for the year 2018-19 & 2019-20 within one week so that the students can participate in the examination. No order as to cost.
[ VIVEK RUSIA ] [AMAR NATH (KESHARWANI)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.08.10 17:57:19 +05'30'