Punjab-Haryana High Court
Neetu Kumari And Others vs State Of Punjab And Others on 28 May, 2012
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.673 of 2012 and other connected petitions
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.673 of 2012 and other connected petitions
Date of Decision: 28.05.2012
Neetu Kumari and others
..... Petitioners
Versus
State of Punjab and others
..... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Saurabh Garg, Advocate,
Mr. S.M. Sharma, Advocate,
Mr. Gagandeep Singh Sirphikhi, Advocate,
for the petitioner(s).
Mr. R.S. Chauhan, DAG, Punjab.
Mr. K.S. Dadwal, Advocate.
Mr. M.L. Saini, Advocate.
Mr. Rahul Sharma, Advocate.
Mr. Rajvir Singh Sihag, Advocate,
for respondent No.4 in CWP No.843 of 2012.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
1. These are eleven connected writ petitions.* They are been disposed of by a common order as common questions of law and fact arise in the eleven cases. The facts have been taken from CWP No.673 of 2012 for convenience.
2. The petitioners were permitted to appear provisionally in the examination of the 1st year ANM course which commenced on 16.01.2012. It was ordered that provisional appearance would not create equitable right CWP No.673 of 2012 and other connected petitions -2- in favour of the petitioner nor would it entitle them for declaration of the result.
3. The brief facts are that the petitioners joined the 3rd respondent
- Shri Guru Nanak Dev Nursing Institute, Jourian Kalan, Dera Baba Nanak, Gurdaspur run by Mata Sundri Educational (Charitable) Society in the academic session 2010-11. It is stated that the Indian Nursing Council - INC and the Punjab Nurses Registration Council (PNRC) had granted approval for starting the Nursing course at the 3rd respondent - College. The Government of Punjab vide letter dated 22.04.2010 has issued Essentiality Certificate/No Objection Certificate to start the ANM course. The intake capacity was fixed at 60 seats. The petitioners had completed one year of study when it was discovered that INC and PNRC had granted approval to the 3rd respondent - Institute for the session 2011-12 whereas for the previous session 2010-11 no decision had been communicated.
4. In view of this turn of events, the present petitions were filed for directions to permit the petitioners to appear in the examination. Later it was shockingly revealed that 338 students had been admitted against the sanctioned intake of 60 seats for the academic session 2011-12. The magnitude of these illegal admissions engaged the attention of a Division Bench of this Court in CWP No.1747 of 2011 and in stern words spoke on 15.09.2011 as follows:-
"Respondent nos.5 to 26 and other institutions named in Annexure R-2/3 shall not admit any student over and above the approved recognized seats by the Punjab Nurses Registration Council - respondent no.2. It is made clear that if any of the respondents and the institutions indicated in the order (Annexure R-2/3) resort to admission of extra candidate, then it will be CWP No.673 of 2012 and other connected petitions -3- regarded as violation of the directions of this Court and suitable action in accordance with law shall be initiated against them."
5. That after the passing of the aforesaid order, it is submitted that the case of defaulting institutions who were not being issued roll numbers for the ensuing examinations was taken up by the State Government and the Government took a decision on 04.01.2012 after getting the advice of the Advocate General, Punjab. The advice has been placed as Annexure R-2/1. The operative part of which reads as follows:-
"i) The students be allowed to sit in the examination of ANM/GNM keeping in view the future of the students in public interest so that they do not loose precious two years of study.
ii) 25% cut of seats be made in the admission year 2013 as a punishment to the institution, which had filled the seats over and above the seats sanctioned by the Government of Punjab in No Objection Certificate/Essentiality Certificate.
iii) This relaxation will not be taken as precedent in future.
iv) The institution will abide by the final decision in the Civil Writ Petition No.1747 of 2011."
6. By this action of the Government, admissions though illegal but prior to 15.09.2011 stand saved, 15.09.2011 being the date of the order of this Court reproduced supra. In the face of the Government decision dated 4.01.2012 (Annexure R-2/1) these writ petitions are allowed. Consequently, the result of the petitioners will be declared along with regular candidates and they would be permitted to continue their studies in their respective colleges. The respective institutions will submit the admission forms of all the petitioners admitted over and above the sanctioned within 30 days of this order. It is further directed that the 25% cut envisioned in the policy decision of the Government dated 4.01.2012 would be strictly enforced CWP No.673 of 2012 and other connected petitions -4- against the institutions otherwise they would expose themselves to civil and criminal action. The cut will continue to run and be imposed till all the additional illegal seats are absorbed in the future. Therefore, it follows a priori that the institutions would not make admissions till such time as the 338 illegal admissions are absorbed and accounted for in the future. Keeping in view the enormity of the illegality committed in making admissions contrary to law as explained by the Division Bench of this Court in Shiv Shakti Educational Society (Regd.) vs. State of Punjab and others; 2008(2) RSJ 163 that no course can be commenced nor admission granted without permission of the INC, approval of the State Nursing Council, the University and No Objection from the State Government.
7. Mr. Dadwal has pointed out that in the SLP filed against the order of the Division Bench, the following interims orders were passed by the Supreme Court:-
"Status quo as obtaining between the parties herein on this the 18th day of January, 2008 with regard to the admission in B.Sc. nursing course 2007 which was the subject matter of dispute before the High Court of Punjab & Haryana at Chandigarh in CWP No.17254 of 2007 shall be maintained."
8. In the special facts and circumstances of the case, I impose exemplary cost on the institutions @Rs.10,000/- per seat beyond 60 which shall be borne by the respective colleges. 75% of the cost would be deposited with the State Legal Services Authority, Punjab whereas the remaining 25% would be deposited with the Punjab & Haryana High Court Bar Association, Benevolent Fund. On such strict terms, the petitions are allowed.
CWP No.673 of 2012 and other connected petitions -5-
9. A photocopy of this order be placed on the files of the other connected cases.
(RAJIV NARAIN RAINA) JUDGE 28.05.2012 manju * Sr. No. CWP No. Title 1 779 of 2012 Chunee and others v. State of Punjab and others 2 780 of 2012 Kanta and others v. State of Punjab and others 3 781 of 2012 Sunita Choudhary and others v. State of Punjab and others 4 782 of 2012 Kisturi Dudi and others v. State of Punjab and others 5 783 of 2012 Manju Vishnoi and others v. State of Punjab and others 6 784 of 2012 Kamla Kumari and others v. State of Punjab and others 7 785 of 2012 Sarita Kumari and others v. State of Punjab and others 8 843 of 2012 Anita and others v. The State of Punjab and others 9 908 of 2012 Anita and others v. State of Punjab and others 10 909 of 2012 Bhagwati Vishnoi and others v. State of Punjab and others (RAJIV NARAIN RAINA) JUDGE 28.05.2012 manju