Pt. Bateswari Dayal Mishr Shiksha Samiti vs Madhya Pradesh Nurses Registration Council & Ors.

HELD: 1.1 Though it may be true that the appellant institution had been granted affiliation for running B.Sc (Nursing) course since 2006, but from the record it is clear that for the academic session 2018-19, there was no permission accorded by the Madhya Pradesh Nurses Registration Council for running the B.Sc (Nursing) or M.Sc (Nursing) courses. The prayer made C in the appeal is not clear as to whether the appellant institution is seeking permission for running B.Sc (Nursing) course or M.Sc (Nursing) course. A copy of the writ petition has also not been enclosed and as such it is not possible to know as to what prayers had been made in the writ petition filed before the High Court. D The same is not even clear from the impugned judgment of the High Court. [Para 7][1022-C-E]

1.2 The respondent no. 1 has categorically stated that the online application Form submitted by the appellant was incomplete and no supporting documents were attached with the same. The E appellant has not filed any proof to show that it had given all required particulars in the online application form. In the absence of the copy of the writ petition having been filed before this Court, it cannot be ascertained as to whether there was any such averment made even in the writ petition. It has also not been F stated by the appellant institution that the requisite documents were filed along with the application form (which is categorically stated by the respondent no. 1 to be incomplete). The very fact that the certificate of affiliation was issued in favour of the appellant institution by the Madhya Pradesh Medical Science University, Jabalpur, on 02.02.2019, which was much after the last date for submission of the online application form, would make it clear that the said document of affiliation was not even available with the appellant institution at the time of filing of the online application form. [Para 11][1023-F-H; 1024-A]

1.3 Even otherwise, in the communication of the Indian Nursing Council dated 16.04.2018 to the Registrar of the respondent no. 1, Madhya Pradesh Nurses Registration Council, it was categorically mentioned that “please ensure that for GNM & B.Sc (N) programme, who have applied for this academic year has a Parent Hospital of minimum 100 beds, whereas the institutions are exempted from Parent Hospital located in tribal & hilly areas only”. The institution of the appellant is admittedly not in tribal or hilly areas, and it is also not denied that it does not have its own Parent Hospital. From the perusal of the inspection note which was carried out by the respondent no. 1 in compliance of this Court order, it is clear that the renewal of the appellant society and the papers relating to the land and building were found to be complete and also that there were 48 faculty members, but the complete online application form had not been submitted and no renewal fees had been deposited and further, the institution did not have recognition certificate for the academic session 2018-19. In the said inspection report, it has also been stated that the appellant institution did not have its own hospital but was affiliated to certain hospitals, which hospitals had only certified that they were not affiliated to any other institution. [Para 9, 10][1023-A-D]

1.4 The judgment of the High Court cannot be faulted and there was no occasion for granting permission to the appellant institution for running the M.Sc (Nursing) course for the academic session 2018-19. [Para 12][1024-B]