JUDGMENT

1. I.A. No.54/2020, an application for adopting the return filed in W.P.No.28607/2019, moved on behalf of the respondent No.4, is allowed.

2. With consent, the matter is heard finally.

3. The petitioner is aggrieved by the non grant of NOC/permission for GNM course for the academic session 2018-2019 as well as to allow the students to complete their course for the said session.

4. Case of the petitioner-Institution is that it is a Society registered under the M.P. Societies Registration Act, 1973 running Nursing Institute/College in the name and style of Granthamm School of Nursing Sciences, Gwalior. Petitioner-Institution is having the recognition for last couple of years. The contention of learned counsel for the petitioner, in essence, is that the petitioner's institution had submitted its application for renewal and deposited the due fee, which was accepted by the respondents. The respondents thereafter issued list of permitted institutions for the academic session 2018-19, on 11.01.2019. In the said list, the name of petitioner institution is mentioned at S.No.80. However, for no apparent reasons, only seats of B.Sc.(N) have been mentioned against its name and in the column of GNM, no seats have been mentioned. It is further submitted that INC had found the petitioner institution suitable for conducting GNM course for the academic session 2018-19 and as per the instructions of INC issued on 07.11.2013, the petitioner institution had admitted students for the GNM programme for academic session 2018- 19 before the month of October. No reasons have been mentioned nor any notice was served upon the petitioner institution, thus making the petitioner to believe that omission of GNM seats might be due to a clerical error. The petitioner sent reminders to respondent No.4 for issuing necessary permission for GNM course also, but to no avail. It is submitted that because of non grant of recognition by the respondent/Authorities, future of bright students of the College is jeopardized. In identical cases, the Apex Court, as well as, this Court has granted interim relief by permitting the students to fill-up the examination forms and appear in the examinations. On these contentions, petitioner-Institute seeks directions to the respondents/Authorities to grant recognition/ extension for the aforesaid Courses for academic session 2018- 2019.

5. Respondent No.4- Madhya Pradesh Nurses Registration Council has adopted the return filed in W.P.No.28607/2019, contending that looking to the date and year of establishment of institution, DME has not granted/allotted the hospital, therefore, without having clinical facility for practical, recognition was not granted and beds are not allotted. It is further contended that the petitioner/college has not brought on record the details of students to whom admission has been granted for the academic session 2018-19. It is submitted that the State of Madhya Pradesh in exercise of its powers conferred by Section 24 read with Section 33(1) of Madhya Pradesh Upcharika, Prasavika, Sahai Upcharika-Prasavika Swasthya Paridarshak Registration Adhiniyam, 1972 has framed Rules, viz, Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam, 2018 (for short "Rules of 2018"), brought in vogue vide Notification No.F-5-22/2018/55-2, dated 16/10/2018 published in Madhya Pradesh Gazette (Extraordinary), dated 16/10/2018 w.e.f. 01/12/2018. It is urged that under the Rules of 2018 every institution running Nursing and GNM Course were required to submit application on-line for renewal under Rule 5 thereof. It is contended that as the Rules of 2018 were brought in vogue for the first time the last date for on line application was extended upto 22/12/2018. It is further contended that public notice was also issued by the Council on 16/11/2018 as to the schedule for on-line registration from 17/11/2018 to 07/12/2018, inspection by MPNRC from 15/12/2018, start of session from 01/01/2019. It is contended that since the