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IN THE HIGH COURT OF MADHYA PRADESH
Gurpal Singh Ahluwalia and Rajeev Kumar Shrivastava, JJ.
Omkar College of Nursing Sciences v. The M. P. Nurses Registration Council & Another
Writ Petition No. 15293 of 2022 (Gwalior);
Decided on 9.7.2022
(1) Nursing Shikshan Sansthan Manyata Niyam, 2018 (M. P.)
-- R.4 -- cancellation of recognition -- admissions regarding deficiencies made by petitioner in writ petition -- entire petition completely silent with regard to measurement of various halls, rooms, labs, library and hostel -- nothing to draw inference that deficiencies pointed out by inspection team are not correct -- allegation of mala fides against inspection team -- no member of inspection team impleaded in writ petition -- allegations of mala fides cannot be considered -- petitioner failed to prove that it has infrastructure as per requirements of R.4 -- no infirmity in order of cancellation of recognition. (2010) 13 SCC 255, (2010) 11 SCC 278, (2015) 8 SCC 519, (2008) 9 SCC 31, 1992 Supp. (1) SCC 222, AIR 2003 SC 1344, AIR 1996 SC 326 and JT 1996 (8) SC 550 followed. [Paras 22 & 29
(2) Practice -- allegations of mala fides -- cannot be considered unless person against whom allegations have been made is impleaded. 1992 Supp. (1) SCC 222, AIR 2003 SC 1344, AIR 1996 SC 326 and JT 1996 (8) SC 550 followed. [Para 22
(3) Natural Justice -- fraud -- principles of natural justice can be ignored. (2009) 13 SCC 600 and (2007) 13 SCC 352 followed. [Para 27
(4) Fraud -- vitiates everything. (2010) 3 SCC 214, (2016) 11 SCC 378, (2008) 12 SCC 481, (1986) 1 SCC 133, (2007) 15 SCC 601 and (2006) 7 SCC 756 followed. [Para 34
(5) Nursing Shikshan Sansthan Manyata Niyam, 2018 (M. P.)
-- R. 4 -- cancellation of recognition -- petitioner failed to prove that it has infrastructure as per requirements -- earlier Committee, deliberately ignoring deficiencies, gave certificate that petitioner/institution has all facilities as required -- action of earlier Committee was fraud on power which was exercised in bad faith with solitary intention to give undue advantage to institution at cost of career of students -- mala fide act of giving certificate to nursing colleges having insufficient amenities would render impugned act or order ultra vires -- would be case of fraud on powers -- recognition granted on basis of false or incorrect report would stand vitiated as having been obtained by fraud on power. (1986) 1 SCC 133 followed. [Para 41
(6) Fraud -- fraud played on power -- technicalities should not be given importance in such case. [Paras 41 & 42
(7) Nursing Shikshan Sansthan Manyata Niyam, 2018 (M. P.)
-- Rr. 7 and 4 -- cancellation of recognition -- competence of authority -- once it is found that petitioner does not have sufficient amenities as per provisions, illegality cannot be perpetuated by adopting technical view -- contention of competence rejected. (2007) 15 SCC 601 followed. (2011) 5 SCC 435 referred to. [Paras 42 & 43
¼1½ uflZx f'k{k.k laLFkku ekU;rk izkIr fu;e] 2018 ¼e-iz-½ && fu-4 && ekU;rk dk jídj.k && dfe;ksa ds laca/k esa ;kph }kjk fjV ;kfpdk esa LohÑfr;k¡ dh xbZa && laiw.kZ ;kfpdk fHkUu lHkkxkjksa] d{kksa] iz;ksx'kkykvksa] iqLrdky; rFkk Nk=kokl ds uke ds ckjs esa iw.kZr% ekSu && ;g fu"d"kZ fudkyus ds fy, dqN ugha fd fujh{k.k ny }kjk crkbZ xbZ dfe;k¡ lgh ugha && fujh{k.k ny ds fo#) vln~Hkko dk vfHkdFku && fujh{k.k ny ds fdlh Hkh lnL; dks fjV ;kfpdk esa i{kdkj ugha cuk;k && vln~Hkko ds vfHkdFku ij fopkj ugha fd;k tk ldrk && ;kph lkfcr djus esa vlQy fd mlds ikl fu-4 dh vis{kkuqlkj volajpuk gS && ekU;rk ds jídj.k ds vkns'k esa dksbZ 'kSfFkY; ughaA ¼2010½13 ,l lh lh 255] ¼2010½11 ,l lh lh 278] ¼2015½8 ,l lh lh 519] ¼2008½9 ,l lh lh 31] 1992 lIyh- ¼1½ ,l lh lh 222] , vkb vkj 2003 ,l lh 1344] , vkb vkj 1996 ,l lh 326 rFkk ts Vh 1996 ¼8½ ,l lh 550 vuqlfjrA¼iSjk 22 ,oa 29
¼2½ izFkk && vln~Hkko dk vfHkdFku && rc rd fopkj ugha fd;k tk ldrk tc rd fd ml O;fDr dks i{kdkj ugha cuk;k tkrk ftlds fo#) vfHkdFku fd;k x;k gSA 1992 lIyh- ,l lh lh 222] , vkb vkj 2003 ,l lh 1344] , vkb vkj 1996 ,l lh 326 rFkk ts Vh 1996 ¼8½ ,l lh 550 vuqlfjrA¼iSjk 22
¼3½ uSlfxZd U;k; && diV && uSlfxZd U;k; ds fl)karksa dh mis{kk dh tk ldrh gSA ¼2009½ 13 ,l lh lh 600 rFkk ¼2007½13 ,l lh lh 352 vuqlfjrA ¼iSjk 27
¼4½ diV && lc dqN nwf"kr dj nsrk gSA ¼2010½3 ,l lh lh 214] ¼2016½11 ,l lh lh 378] ¼2008½12 ,l lh lh 481] ¼1986½1 ,l lh lh 133] ¼2007½15 ,l lh lh 601 rFkk ¼2006½7 ,l lh lh 756 vuqlfjrA ¼iSjk 34
¼5½ uflZx f'k{k.k laLFkku ekU;rk izkIr fu;e] 2018 ¼e-iz-½ && fu-4 && ekU;rk dk jídj.k && ;kph lkfcr djus esa vlQy fd mlds ikl mis{kkuqlkj volajpuk gS && iwoZrj lfefr us] dfe;ksa dh tkucw>dj mis{kk djrs gq,] izek.ki= fn;k fd ;kph@laLFkku ds ikl ;Fkkisf{kr leLr lqfo/kk,¡ gSa && iwoZrj lfefr dk ÑR; 'kfDr dk diViw.kZ mi;ksx Fkk] ftls fo|kfFkZ;ksa dh o`fÙk ds ewY; ij laLFkku dks vlE;d~ Qk;nk nsus ds ,dek= vk'k; ls vln~HkkoiwoZd iz;qDr fd;k x;k Fkk && vi;kZIr izlqfo/kkvksa okys ufl±x egkfo|ky;ksa dks izek.ki= nsus ds vln~Hkkfod ÑR; ls vkf{kIr ÑR; vFkok vkns'k vf/kdkjkrhr gks tk,xk && 'kfDr ds diViw.kZ mi;ksx dk ekeyk gksxk && feF;k ;k vlR; izfrosnu ds vk/kkj ij iznku dh xbZ ekU;rk 'kfDr ds diViw.kZ mi;ksx }kjk vfHkizkIr fd, tkus ds dkj.k nwf"kr gks tk,xhA ¼1986½1 ,l lh lh 133 vuqlfjrA ¼iSjk 41
¼6½ diV && 'kfDr dk diViw.kZ mi;ksx && ,sls ekeys esa rduhdh ckrksa dks egRo ugha fn;k tkuk pkfg,A¼iSjk 41 ,oa 42
¼7½ uflZx f'k{k.k laLFkku ekU;rk izkIr fu;e] 2018 ¼e-iz-½ && fu-7 rFkk 4 && ekU;rk dk jídj.k && izkf/kdkjh dh l{kerk && ;g fu"d"kZ fudkys tkus ij fd ;kph ds ikl mica/kksa ds vuqlkj i;kZIr izlqfo/kk,¡ ugha gSa] rduhdh n`f"Vdks.k viuk dj voS/krk tkjh ugha j[kh tk ldrh && l{kerk dk ladFku ukeatwjA ¼2007½15 ,l lh lh 601 vuqlfjrA ¼2011½5 ,l lh lh 435 fufnZ"VA ¼iSjk 42 ,oa 43
ORDER
Ahluwalia, J. -- 1. This petition under Article 226 of the Constitution of India has been filed seeking following relief(s):
(i) That, the impugned order dated 16.6.2022 (Annexure P/1) be quashed.
(ii) That, it may be held that the Chairman has no power to cancel the recognition granted to the petitioner and, therefore, the impugned order be set aside.
(iii) That, other relief which is just and proper in the facts and circumstances of the case may also be granted.
2. The necessary facts for disposal of the present petition in short is that the petitioner has claimed that it is running a GNM course since 2020-21. The petitioner was fulfilling all the criteria for running nursing courses, however, under the orders of the High Court, passed in W.P. No. 9872/2021 (PIL), the respondent Council conducted the inspection of various colleges including the petitioner's institution. The inspection was conducted on 21.4.2022. A show cause notice dated 30.5.2022 was issued to the Petitioner, mentioning that there are certain deficiencies and 3 days time was granted to file response. A detailed reply/explanation was filed by the petitioner, thereby denying the allegation of deficiencies. However, without considering the reply submitted by the petitioner, the impugned order Annexure P/1 has been issued, thereby canceling the recognition for the year 2021-2022 to run GNM Courses, on the ground that the petitioner/institute doesnot fulfill the requirements as laid down in rule 4 of Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam, 2018 (In short Niyam, 2018).
3. Challenging the order passed by the respondents, it is submitted by the Counsel for the Petitioner, that the Registrar, Madhya Pradesh Nurses Registration Council, has no jurisdiction to pass the impugned order as such power can be exercised by the Council Only. It is submitted that it is clear from the impugned order that it has not been passed on the decision taken by the Council, but it has been passed after approval by the President, who is not competent person. It is further submitted that the order under challenge is a vague order, no reasons have been assigned for canceling the recognition. It is further submitted that initially recognition was granted accordingly, admissions to the students have been given and the decision to cancel recognition in the mid-session is bad. There is nothing to show that the petitioner had obtained recognition by furnishing false information.
4. Per contra, the Counsel for the Respondents have vehemently opposed the writ petition. It is submitted that one W.P. 9872 of 2021 (PIL) was filed complaining that several nursing Colleges, which are being run in Distt. Morena, Shivpur, Datia, Gwalior, Bhind and Sheopur, donot have essential infrastructure. Accordingly, by order dated 18.8. 2021, following Committees were constituted for inspection of Colleges :
For Gwalior District
1. Shri Hitendra Dwivedi, OSD, M.P. High Court, Bench at Gwalior.
2. Shri Sanjay Dwivedi, Advocate, M.P. High Court
3. Shri Vijay Dutt Sharma, Advocate.
For Districts of Shivpuri, Sheopur, Morena, Bhind and Datia
1. District Judge, of the district concerned or her/his delegatee not below the rank of Additional District Judge to be nominated by the District Judge.
2. Collector of the district concerned or her/his delegatee not below the rank of Dy. Collector to be nominated by Collector.
5. The aforesaid order was challenged before the Supreme Court and accordingly, by order dated 10th-December-2021, passed in C.A. No. 7602 of 2022, the order dated 18.8.2021 was modified with a direction that High Court to consider the matter afresh and appoint such Commissions which will be in conformity with the Madhya Pradesh Nursing Shikshan Sansthan Manyata Niyam, 2018.
6. Accordingly, a Committee of 10 members was constituted by Council for inspection of 271 Nur
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
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