1. Nursing institution seeking recognition for undergraduate and postgraduate courses for a specific academic session following a dispute over inspection and application requirements. (Para 3 )
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2019 Supreme(SC) 294
SUPREME COURT OF INDIA
R. F. Nariman, Vineet Saran, JJ.
PT. BATESWARI DAYAL MISHR SHIKSHA SAMITI – Appellant
Versus
MADHYA PRADESH NURSES REGISTRATION COUNCIL AND OTHERS – Respondent
Civil Appeal No. 3137 of 2019 [@ Special Leave Petition [C] No. 2008 of 2019]
Decided on : 15-03-2019
Advocates Appeared:
For the Appellant : Mr. Jasbir Singh Malik, Adv. Ms. Usha Nandini. V, AOR
For the Respondent: Mr. T. Mahipal, AOR Mr. Sriramkrishna, Adv. Mr. Rahul Kaushik, AOR.
For the Appellant : Mr. Jasbir Singh Malik, Adv. Ms. Usha Nandini. V, AOR
For the Respondent: Mr. T. Mahipal, AOR Mr. Sriramkrishna, Adv. Mr. Rahul Kaushik, AOR.
Recognition for nursing courses cannot be granted if the institution fails to submit a complete application by the prescribed deadline or fails to meet mandatory infrastructure requirements, such as possessing a Parent Hospital as mandated by the Indian Nursing Council.
Headnote:Medical education – Nursing courses – Online application form submitted by appellant incomplete and without supporting documents – It did not have affiliation on last date of registration – Not attached to any parent hospital having requisite number of beds – High Court rightly refused permission to the appellant institution for running the M.Sc (Nursing) course for the academic session 2018-19. (Para 11, 12)
Facts of the case:
Appellant institution is a society which runs an institution by the name of Dayal Nursing College, Gwalior. It is claimed by the appellant institution that it is running the B.Sc (Nursing) course since 2006, and also certain other courses like ANM, GNM and Post Basic B.Sc (Nursing) courses since 2008, 2010 and 2018 respectively. Since the appellant institution was not granted recognition for running the B.Sc (Nursing) course for the academic session 2018-19 and also recognition for starting of M.Sc (Nursing) course, the appellant filed a Writ Petition, which was disposed of. The Division Bench of the High Court disposed of the writ petition (along with other writ petitions) with the direction that the State Nurses Registration Council shall hold an inspection as soon as possible and decide the issue of recognition latest by 20th November, 2018, and in case the SNRC did not recognise the appellant institution, considering that the last date of admission was then declared to be 30thNovember, 2018, the appellant institution would be allowed to hold classes for B.Sc (Nursing), as well as GNM (Diploma Course) for the academic session 2018-19. Challenging the said order, this appeal has been filed with the prayer to "direct the Indian Nursing Council/State Nursing Council to grant recognition to the petitioner institution for its courses for the academic session 2018-19".
Finding of the Court:
Impugned judgment refusing permission cannot be faulted.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Appellant claims compliance and lack of deficiencies; Respondent contends application was incomplete, filed late, and lacked a mandatory parent hospital. (Para 4 , 5 )
3. The institution failed to submit a complete application by the deadline, lacked the required parent hospital, and obtained university affiliation after the application closing date. (Para 7 , 8 , 9 , 10 , 11 )
4. Grant of recognition for educational courses is contingent upon the submission of a complete application and fulfillment of mandatory infrastructure requirements within prescribed timelines. (Para 8 , 11 )
5. Appeal dismissed; High Court judgment upheld. (Para 12 )
6. What is the effect of submitting an incomplete application for course recognition by a deadline?
An application that lacks required faculty details, supporting documents, or renewal fees is considered incomplete, and the failure to provide these particulars by the prescribed deadline justifies the denial of recognition. (Para 8 , 10 , 11 )
7. Does obtaining university affiliation after the application deadline validate a request for course recognition?
No. If the consent for affiliation is obtained after the last date for filing the registration application, the application cannot be deemed complete at the time of submission, precluding the grant of permission. (Para 8 , 11 )
8. Is a parent hospital mandatory for nursing course recognition?
Yes, as per Indian Nursing Council guidelines, institutions—unless located in tribal or hilly areas—must have a parent hospital of at least 100 beds to be eligible for recognition. (Para 9 , 10 )
JUDGMENT
Vineet Saran, J.
Leave granted.
2. Heard learned counsel for the appellant as well as Shri Rahul Kaushik, learned counsel for the respondent no. 1, Madhya Pradesh Nurses Registration Council.
3. Appellant institution is a society which runs an institution by the name of Dayal Nursing College, Gwalior. It is claimed by the appellant institution that it is running the B.Sc (Nursing) course since 2006, and also certain other courses like ANM, GNM and Post Basic B.Sc (Nursing) courses since 2008, 2010 and 2018 respectively. Since the appellant institution was not granted recognition for running the B.Sc (Nursing) course for the academic session 2018-19 and also recognition for starting of M.Sc (Nursing) course, the appellant filed a Writ Petition No. 25716 of 2018, which was disposed of on 13.11.2018 (along with a bunch of similar petitions). Relying on a judgment of the Supreme Court in some other earlier case, the Division Bench of the Madhya Pradesh High Court at Jabalpur disposed of the writ petition (along with other writ petitions) with the direction that the State Nurses Registration Council (for short 'SNRC') shall hold an inspection as soon as possible and decide the issue of recognition latest by 20th November, 2018, and in case the SNRC did not recognise the appellant institution, considering that the last date of admission was then declared to be 30thNovember, 2018, the appellant institution would be allowed to hold classes for B.Sc (Nursing), as well as GNM (Diploma Course) for the academic session 2018-19. Challenging the said order, this appeal has been filed with the prayer to "direct the Indian Nursing Council/State Nursing Council to grant recognition to the petitioner institution for its courses for the academic session 2018-19". The copy of the writ petition filed before the Madhya Pradesh High Court has not been filed and thus we are unable to know as to what prayers were made before the Madhya Pradesh High Court [i.e. whether it was for grant of recognition for B.Sc (Nursing) course or M.Sc (Nursing) course, or both]. We are also unable to know as to what were the grounds taken by the appellant institution before the High Court in support of its prayers.
4. The submission of the learned counsel for the appellant institution is that the institution has been running B.Sc (Nursing) course since the year 2006 but because the SNRC did not conduct the inspection, recognition for B.Sc (Nursing) course could not be granted in favour of the appellant institution. It has been contended that despite mandamus having been issued by the Division Bench of the Madhya Pradesh High Court vide its order dated 13.11.2018, yet no inspection was conducted; and that it was only in pursuance of the order dated 05.03.2019 issued by this Court in this appeal that an inspection was conducted by the SNRC on 08.03.2019. In the said report, according to the appellant institution, no deficiencies were pointed out with regard to the faculty, laboratory, class rooms and other infrastructure facilities. It has also been contended that the appellant institution has consent of affiliation for the academic session 2018-19 granted by the Madhya Pradesh Medical Science University, Jabalpur on 02.02.2019 for "the proposed new course of M.Sc. Nursing with Subjects (1) - COMMUNITY HEALTH NURSING -10 Seats; (2) -MENTAL HEALTH NURSING - 10 Seats". It has thus been submitted that the appellant institution be granted recognition for B.Sc (Nursing) and M.Sc (Nursing) courses for the academic session 2018-19, which is to commence from 15.03.2019 as per the extended date.
5. Per contra, Shri Rahul Kaushik, learned counsel appearing for the respondent no. 1, Madhya Pradesh Nurses Registration Council has contended that the " Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018 " was gazetted on 16th October, 2018 and the Rules came into force from 1st December, 2018. As per the said Rules, the online application forms for academic session 2018-19 we
