Madhya Pradesh High Court
Shri Sant Kartar Singh Kalyan Samiti ... vs Madhya Pradesh Nurses Registration ... on 1 August, 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 1st OF AUGUST, 2022
WRIT PETITION No. 15346 of 2022
Between:-
SHRI SANT KARTAR SINGH KALYAN SAMITI, GWALIOR
(M.P) (RUNNING THE INSTUTUTION IN THE NAME OF
S.S.N. SCHOOL OF NURSING, RAM NAGAR, VILLAGE
PURASANI DISTT. GWALIOR) THROUGH ITS PRESIDENT
CHANDRA PAL SINGH KUSHWAH S/O LATE SHRI
PAHALVAN SINGH, AGE-47 YEARS, OCCUPATION-
BUSINESS, R/O 10, R.S. PURAM, NEW CITY CENTRE,
GWALIOR (M.P.)
.....PETITIONER
(SHRI R.B.S. TOMAR - ADVOCATE FOR PETITIONER)
AND
1. MADHYA PRADESH NURSES REGISTRATION COUNCIL,
NO. 12, GOMANTIKA PARISAR, 3TH FLOOR, JAWAHAR
CHOWK, BHOPAL THROUGH ITS REGISTRAR
2. THE PRESIDENT, MADHYA PRADESH NURSES
REGISTRATION COUNCIL, NO. 12, GOMANTIKA PARISAR
3RD FLOOR, JAWAHAR CHOWK, BHOPAL
.....RESPONDENTS
(SHRI VIVEK KHEDKAR - ADVOCATE FOR RESPONDENTS)
WRIT PETITION No. 15515 of 2022
Between:-
REWTI SIKSHA SAMITI, THROUGH ITS CHAIRMAN
SUBHASH CHANDRA SHARMA S/O LATE SHRI
PARMANAND SHARMA, AGED 49 YEARS, OCCUPATION:
CHARIMAN, R/O INFRONT OF WATER WORKS, GANTA
2
GHAR ROAD, GAURAV PATH, DHOLPUR, RAJASTHAN
.....PETITIONER
(SHRI PRASHANT SHARMA -ADVOCATE FOR THE
PETITIONER)
AND
STATE OF MADHYA PRADESH, THROUGH PRINCIPAL
1.
SECRETARY, DEPARTMENT OF MEDICAL EDUCATION,
VALLABH BHAWAN, BHOPAL (M.P.)
2. DIRECTORATE OF MEDICAL EDUCATION THROUGH ITS
DIRECTOR, DEPARTMENT OF MEDICAL EDUCATION,
SATPURA BHAWAN, BHOPAL (M.P.)
3. MADHYA PRADESH NURSES REGISTRATION COUNCIL,
BHOPAL THROUGH ITS REGISTRAR OFFICE AT
GOMANTIKA PARISAR, 3RD FLOOR, 12TH DAFTAR ROAD,
JAWAHAR CHOWK, BHOPAL (M.P.)
.....RESPONDENTS
(SHRI VIVEK KHEDKAR - ADVOCATE FOR REPONDENT
NO.3)
WRIT PETITION No. 15811 of 2022
Between:-
RASHI JAN KALYAN EVAM SHIKSHA VIKAS THROUGH
PRESIDENT DR. YOGESH SHARMA S/O SHRI L. N.
SHARMA, AGED 42 YEARS, OCCUPATION: PRESIDENT, R/O
GAYATRI COLONY, MORENA (M.P.)
.....PETITIONER
(SHRI PRASHANT SHARMA - ADVOCATE FOR THE
PETITIONER)
AND
1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF MEDICAL EDUCATION,
VALLABH BHAWAN, BHOPAL (M.P.)
2. DIRECTORATE OF MEDICAL EDUCATION THRROUGH ITS
DIRECTOR, DEPARTMENT OF MEDICAL EDUCATION,
SATPURA BHAWAN, BHOPAL (M.P.)
3. MADHYA PRADESH NURSES REGISTRATION COUNCIL,
BHOPAL THROUGH ITS REGISTRAR OFFICE AT
GOMANTIKA PARISAR, 3RD FLOOR, 12TH DAFTAR ROAD,
JAWAHAR CHOWK, BHOPAL (M.P.)
3
.....RESPONDENTS
(SHRI VIVEK KHEDKAR - ADVOCATE FOR RESPONDENT
NO.3)
WRIT PETITION No. 15965 of 2022
Between:-
VANDE MATRAM IDEAL PUBLIC SOCIETY THROUGH ITS
PRESIDENT RAMVEER SINGH JADON S/O-LATE SHRI
KAYAM SINGH, AGED-59 YEARS, OCCUPATION-BUSINESS,
R/O-GDA COMPLEX, VINAY NAGAR, SECTOR 1, GWALIOR
(M.P.)
.....PETITIONER
(SHRI PRASHANT SHARMA - ADVOCATE FOR THE
PETITIONER)
AND
1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY, DEPARTMENT OF MEDICAL EDUCATION,
VALLABH BHAWAN, DISTRICT BHOPAL (M.P.)
2. DIRECTORATE OF MEDICAL EDUCATION THROUGH ITS
DIRECTOR, SATPUDA BHAWAN, BHOPAL (M.P.)
3. MADHYA PRADESH STATE NURSES REGISTRATION
COUNCIL, BHOPAL THROUGH ITS REGISTRAR, HAVING
ITS OFFICE AT GOMANTIKA PARISAR, IIIRD FLOOR, 12
DAFTAR ROAD, JAWAHAR CHOWK, BHOPAL (M.P.)
.....RESPONDENTS
(SHRI VIVEK KHEDKAR - ADVOCATE FOR RESPONDENT
NO.3
WRIT PETITION No. 15994 of 2022
Between:-
THAKUR HOM SINGH SHIKSHA AWAM JAN KALYAN
SAMITI, MORENA (RUNNING THE INSTITUTION IN THE
NAME OF S. M. NURSING COLLEGE, MORENA) THROUGH
ITS VICE PRESIDENT SALAUDDIN QURESHI S/O SHRI
JAMEELUDDIN QURESHI, AGE-38 YEARS, OCCUPATION-
PRIVATE SERVICE, R/O LASHKARI KA PURA, AB ROAD,
MORENA (M.P.)
.....PETITIONER
(SHRI RBS TOMAR - ADVOCATE FOR THE PETITIONER)
AND
4
MADHYA PRADESH NURSES REGISTRATION COUNCIL, NO.
12, GOMANTIKA PARISAR, 3RD FLOOR, JAWAHAR CHOWK,
BHOPAL THROUGH ITS REGISTRAR.
.....RESPONDENT
(SHRI VIVEK KHEDKAR - ADVOCATE FOR THE RESONDENT)
WRIT PETITION No. 16104 of 2022
Between:-
SHRI KRISHANA COLLAGE INDARGARH DATIA, DISTRICT
DATIA (M.P.) RUN BY SOCIETY SMT. RAMKASLI SHIKSHAN
AVAM GAU SEVA SAMITI, B-81-83 GOVINDPURI, GWALIOR
THROUGH ITS PRESIDENT SHRI AMIT SINGH S/O DR.
KESHAV SINGH YADAV, AGE-33 YEARS, OCCUPATION-
SOCIAL WORKER, R/O- B-81-83, GOVINDPURI, UNIVERSITY
ROAD, GWALIOR (M.P.)
.....PETITIONER
(SHRI AJAY BHARGAVA -ADVOCATE FOR THE PETITIONER)
AND
MADHYA PRADESH NURSES REGISTRATION COUNCIL, NO.
12, GOMANTIKA PARISAR, 3RD FLOOR, JAWAHAR CHOWK,
BHOPAL (M.P.) THROUGH ITS REGISTRAR.
.....RESPONDENT
(SHRI VIVEK KHEDKAR - ADVOCATE FOR RESPONDENT)
WRIT PETITION No.16343 of 2022
Between:-
SMT. UMA PARMAR SHIKSHA PRASAR SAMITI, MORENA
(M.P.) (RUNNING INSTITUTION IN THE NAME OF UMA
GLOBAL SCHOOL OF NURSING, MORENA) THROUGH ITS
SECRETARY NARESH SINGH PARMAR S/O SHRI
RAMESHWAR SINGH PARMAR, AGE-42 YEARS,
OCCUPATION-BUSINESS, R/O NARESH VIHAR COLONY,
VIKARAM NAGAR, MORENA (M.P.)
.....PETITIONER
(SHRI RBS TOMAR -A DVOCATE FOR THE PETITIONER)
AND
MADHYA PRADESH NURSES REGISTRATION COUNCIL, NO.
12, GOMANTIKA PARISAR, 3RD FLOOR, JAWAHAR CHOWK,
BHOPAL THROUGH ITS REGISTRAR.
5
.....RESPONDENT
(SHRI VIVEK KHEDKAR -ADVOCATE FOR REPONDENT)
This petitions coming on for hearing this day, JUSTICE
ROHIT ARYA passed the following:
ORDER
This batch of writ petitions by nursing colleges is directed against the cancellation of recognition by respondent/Nursing Council after issuance of show-cause notices and consideration of the reply submitted thereto in the wake of the order passed by the co-ordinate Bench in WP.9872/2021 decided on 29.06.2022.
Learned counsel for the parties, at the outset, fairly submit that indeed this Court may be required to address on factual aspect of the case to reach the conclusion on merits, if cancellation of permission was justified or not. Such recourse may not be possible in exercise of extra-ordinary, Constitutional jurisdiction under Article 226 and 227 of the Constitution of India. Hence, if it is considered appropriate, petitioners may be relegated to the prescribed authority under Rule 13 of Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam, 2018 to seek decision on their pending representations which are pending consideration in a time bound period.
Prayer accepted.
Accordingly, present writ petitions stand disposed of with the following common order:
(1) In case representation against the cancellation 6 of recognition has been filed and the same is pending consideration, the petitioner, through authorized representative, may submit the copy of the said representation with documents along with the copy of the order passed today before the Registrar, M.P. Nursing Council. The Competent Authority shall dwell upon the representation and after affording an opportunity of hearing, if demanded, shall advert to the contentions raised and decide the same on merits with due verification of facts from the record maintained by the Nursing Council and the documents annexed with the representation, within a period of two weeks from the date of physical appearance made by the authorized representative of the petitioner before the Competent Authority. (2) In case representation has not been filed, the same may be filed within a period of seven days. Rest directions, as aforesaid, shall also apply to the fresh representation.
It is made clear that this Court has not expressed any opinion on the merits of the case.
(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=5da1b3ce5c6aee672b1f51a5cff5 661c113046ab7ebb8031c36dcac4472c04 0a, pseudonym=22FE9CB9F7CF0345E7FFAC AR 9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D6 E42E82477C85878470B30E4A7672CCA52 3E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.08.03 19:21:48 +05'30'