'Trying To Hide Alleged Illegal College Recognition': MP High Court Summons Nursing Council's Officers To Explain Non-Compliance With Orders

A division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal in its order said:

 “We have noticed that the respondents organizations are not cooperating with the Court and it reveals that they are some how trying to hide the things so that the illegalities alleged to have been committed by them could not be brought before the Court. When the Court has already taken cognizance in the matter and directed the CBI to conduct an enquiry and the matters are being monitored by this Court since last almost three years and they are at the verge of final disposal, we cannot permit the respondents organizations to behave in such a manner and to flout the orders passed by this Court passed in furtherance to an attempt to unveil the illegalities. Thus, we find it proper to direct that the competent authorities of the respondents organizations i.e. Director and the Registrar of the M.P. Nursing Council and the Secretary, Indian Nursing Council shall remain present before this Court to explain as to why they have not complied the orders passed by this Court and supplied the relevant documents to Office of the Advocate General. However, it is made clear that no application for exemption from personal appearance before this Court shall be entertained by this Court. The Principal Secretary, Public Health and Medical Education of the State is directed to ensure presence of the Director and the Registrar of the M.P. Nursing council before this Court on the given date.”

The court was hearing a plea alleging irregularities by the respondent authorities in granting recognition to almost 600-700 colleges for the session 2020-21. The counsel for petitioner contended that despite the orders passed by the Court, only documents relating to 44 colleges were supplied by the respondent - M.P. Nursing Council.

The petitioners on May 9 had moved interim applications seeking initiation of contempt proceedings against the authorities for non-compliance of the previous orders dated March 13, March 18 and April 4, 2025.

In its order dated March 13, the Court had directed the Additional Commissioner of Police (Cyber Crime), Bhopal to collect the CCTV footage of cameras installed in proximity of Madhya Pradesh Nursing Registration Council's (MPNRC) Office. The Court had also directed MPNRC to produce the "original files related to grant of recognition" to the unsuited colleges to ascertain under what circumstances recognition was granted by the authorities and to determine the individual accountability of the erring officers.

In its order dated April 4, the Court had directed the Indian Nursing Council to produce the record of Sessions from 2018-19 till 2021-2022 to ascertain as to how the recognition was granted to 'unsuited' colleges and who was the officer(s) responsible for such illegality.

Another application was filed seeking appropriate direction for shifting of the students. The counsel for the petitioners submitted that the High Level Committee constituted by the Court had issued an order for shifting of students of unsuited colleges to the other suited colleges without considering the choice of the students. It was further submitted that the Nodal Officer committed certain illegalities. Therefore, the counsel prayed that a proper method should be directed to be adopted so as to shift the students as per their own choice.

In view of the aforesaid application, the High Court opined that the High Level Committee had already performed its job and their role in the matter was no longer required. The Court therefore, directed the Committee convene their final meeting and submit a report.

The Court further directed the M.P. Nursing Council to prepare the list of students who are to be shifted from unsuited colleges to suited colleges considering the available vacancies of the colleges to invite choice of the students so that accordingly, shifting can be done.

“It is further made clear that the Nodal Officer already acted on behalf of the High Level Committee shall be kept away from this proceeding so as to avoid any further illegality in the process of shifting. This direction is being issued only to consider the comfort of the students and to make the shifting process easy so that the students may not suffer and also not face any difficulty in prosecuting their study.”, the Court said.

Thereafter, the Court directed the stateNursing Council to ensure payment of remuneration to the members of the Committee as the Committee constituted and acted as per the direction of the Court. “If it is found that payment has not been made to them then appropriate action shall be taken against the M.P. Nursing Council. It is further directed that the Principal Secretary, Health of the State shall ensure payment of remuneration to the members of the Committee.”, the Court said.

The Court also directed the M.P. Nursing Council to explain as to under what authority they have refunded the bank guarantee submitted by unsuited colleges and the reason for doing so since the money could have been utilized for payment of remuneration to the High Level Committee.

Another interim application seeking direction to declare result was disposed of by the Court with a direction to the M.P. Nursing Council to expedite the proceeding and declare the final result.

The matter is listed for further hearing on June 20.

Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others

Counsel for Petitioner: Adv. Alok Vaghrecha with petitioner Adv. Vishal Singh Baghel

Counsel for State/MPNRC/MPMSU: Deputy Advocate General Abhijeet Awasthi

Counsel for INC: Adv. Mohan Sausarkar

Counsel for the CBI: Adv. Sudhir Kumar Sharma