Madhya Pradesh High Court
Hariom vs Goverment Of India Health And Family ... on 29 June, 2022
Author: Rohit Arya
Bench: Rohit Arya, Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 29th OF JUNE, 2022
WRIT PETITION No. 9872 of 2021
Between:-
HARIOM S/O POSHAKILAL, AGE-50 YEARS,
OCCUPATION: SOCIAL SERVICE AND
AGRICULTURE, R/O- BEHIND M.J.S. COLLEGE,
BHIND (MADHYA PRADESH)
.....PETITIONER
(SHRI U.K. BOHRE - ADVOCATE FOR PETITIONER)
AND
1. UNION OF INDIA THROUGH SECRETARY
HEALTH AND FAMILY WELFARE,
MANTRALAYA, NIRMAN BHAWAN, MAULANA
AZAD ROAD, NEW DELHI 110011
2. STATE OF M.P. THROUGH CHIEF SECRETARY,
VALLABH BHAWAN BHOPAL
3. STATE OF M.P. THROUGH PRINCIPAL
SECRETARY, PUBLIC HEALTH AND FAMILY
WELFARE, MANTRALAYA, VALLABH BHAWAN,
BHOPAL.
4. UNION OF INDIA THROUGH SECRETARY,
HEALTH AND FAMILY WELFARE,
MANTRALAYA, NIRMAN BHAWAN, MAULANA
AZAD ROAD, NEW DELHI 110011
5. DIRECTOR, INDIAN NURSING COUNCIL NEW
DELHI, ADDRESS-8TH FLOOR, NBCC CENTRE,
PLOT NO.2, COMMUNITY CENTRE, OKHLA
PHASE-I, NEW DELHI 110020
6. DIRECTOR M.P. NURSING COUNCIL BHOPAL
(MADHYA PRADESH) ADDRESS-GOMANTIKA
PARISAR, THIRD FLOOR, BHADBHADA ROAD,
BHOPAL, MADHYA PRADESH-462003
2
7. D IR ECTOR MEDICAL EDUCATION BHOPAL
(M.P.), ADDRESS-BHEEM NAGAR SLUM, ARERA
HILLS, BHOPAL, MADHYA PRADESH-462004
8. VICE CHANCELLOR, JIWAJI UNIVERSITY,
GWALIOR (M.P.)
9. COLLECTOR, DISTRICT GWALIOR (M.P.)
10. COLLECTOR DISTRICT BHIND (M.P.)
11. CHIEF MEDICAL AND HEALTH OFFICER
DISTRICT BHIND (M.P.)
12. CHIEF MEDICAL AND HEALTH OFFICER
DISTRICT BHIND (M.P.)
13. STATE OF MP THROUGH PRINCIPAL
SECRETARY, MEDICAL EDUCATION
DEPARTMENT, MANTRALAYA, VALLABH
BHAWAN, BHOPAL (M.P.)
14. MADHYA PRADESH AYURVIGYAN
VISHVAVIDYALAYA, JABALPUR THROUGH
REGISTRAR, ADDRESS-MEDICAL COLLEGE
CAMPUS, BHEDAGHAT ROAD, JABALPUR (M.P.)
.....RESPONDENTS
(SHRI PRAVEEN KUMAR NEWASKAR- ASSISTANT SOLICITOR
GENERAL FOR RESPONDENTS/UNION OF INDIA;
SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL FOR
RESPONDENTS/STATE;
SHRI VIVEK KHEDKAR- ADVOCATE FOR RESPONDENT NO.6/M.P.
NURSING COUNCIL; AND
SHRI JITENDRA SHARMA & SHRI R.B.S. TOMAR - ADVOCATES
FOR THE INTERVENORS)
T h is petition coming on for hearing this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
This is a Public Interest Litigation preferred at the instance of the resident of District Bhind (M.P.) with the complaint that in Gwalior-Chambal Division illegal nursing colleges are being run detrimental to public health and safety. Therefore, a direction is sought to constitute a committee for inspection of such 3 illegally running nursing colleges by the regulatory authority i.e. M.P. Nursing Council.
Upon perusal of series of orders passed by this Court and also the Hon'ble Supreme Court, it appears that Nursing Council constituted a committee as per rules for inspection of about 200 nursing colleges throughout State of Madhya Pradesh under the orders of this Court.
A comprehensive report with annexures has been produced before this Court in a sealed cover.
Report has been perused by this Court.
As pointed out by Shri Khedkar, learned counsel appearing on behalf of respondent No.6/M.P. Nursing Council that 70 nursing colleges were found to be lacking in maintenance of standard norms to run such nursing colleges. Therefore, recognition of those colleges has been cancelled. A list of such colleges passed on board is taken on record.
At this Stage Shri Jitendra Kumar Sharma and Shri RBS Tomar, learned counsel appearing on behalf of intervenors, tried to prick holes in the report of the committee disputing conclusions on facts in respect of some of the nursing colleges who are not found to have been meeting criteria to run the same.
We refrain from commenting upon the contentions so advanced. However, intervenors if so advised may approach the competent forum assailing the report prepared, so far as their respective institutions are concerned. Suffice it to say that the M.P. Nursing Council has undertaken a comprehensive exercise in the matter of inspection of about 200 colleges and has taken strict action for cancellation of recognition of such institutions not meeting the standards so fixed, besides proposing action against the concerning Registrar and other committee members responsible for conferring recognition 4 to such institutions at the initial stage. The same is well appreciated as it was indeed necessary in wider public interest.
In view of the aforesaid facts and circumstances, now, no further indulgence is warranted in the instant writ petition; hence, stands disposed of.
The Court Reader is directed to return the inspection report received in this Court, in a sealed covered to Shri Khedkar, learned counsel appearing on behalf of respondent No.6/M.P.Nursing Council for transmission to the concerned authority.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
PAWAN
Digitally signed by PAWAN DHARKAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
DHARK
st=Madhya Pradesh,
2.5.4.20=5da1b3ce5c6aee672b1f51a5cff 5661c113046ab7ebb8031c36dcac4472c 040a, pseudonym=22FE9CB9F7CF0345E7FFA AR C9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D 6E42E82477C85878470B30E4A7672CCA 523E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.06.29 19:48:02 +05'30'