IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8593 of 2008 (O&M) Date of decision: 16th September, 2009 Kamal Kapoor … Petitioner Versus State of Punjab and others … Respondents Civil Writ Petition No.9823 of 2008 Neetu … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE T.S. THAKUR HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sandeep Khunger, Advocate and Mr. H.S. Deol, Advocate for the petitioners. Mr. Rupinder Khosla, Additional Advocate General, Punjab for the State. Mr. K.S. Dadwal, Advocate for respondent No.2. Mr. Munish Jolly, Advocate for respondent No.3. Mr. Saurabh Garg, Advocate for Satguru Educational Welfare Society, Ludhiana Notes: 1. Whether Reporters of local newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? Civil Writ Petitions No. 8593 & 9823 of 2008 3. Whether the judgment should be reported in the Digest? KANWALJIT SINGH AHLUWALIA, J. Civil Misc. No. 13331 of 2009 in Civil Writ Petition 8593 of 2008 The application is allowed, subject to just exceptions and documents (Annexures A-1 to A-5) taken on record. Civil Misc. No. 13332 of 2009 in Civil Writ Petition 8593 of 2008 For the reasons stated in the application, the same is allowed and Satguru Educational Welfare Society, VPO Khasi Kalan, Tajpur Road, Ludhiana impleaded as respondent No.4. Civil Writ Petition 8593 of 2008 Rapid expansion of institutions imparting education and private participation in education sector has made academicians worry about academic excellence. “BEYOND DEGREES” a journal brought by India International Centre has noticed various issues which ail our education system. The concerns noticed by various specialists of the field can be noticed as under: “The challenge of improving the standards of our universities, and coping with the inevitable expansion in higher education for which there is a tremendous thirst throughout the country, raises a number of interlocking questions. These include matters relating to public and private finances, training and motivation of teachers, regular upgradation of teaching skills, strengthening research both in the natural and social sciences, affiliation and equivalence, and balancing equity with excellence. As we rush headlong into the future, these 2 Civil Writ Petitions No. 8593 & 9823 of 2008 issues become increasingly urgent, and will need to be tackled effectively within the next five years if our university system is to cope with India’s growing stature in the global community.” It is well acknowledged that there has been a decline in standards of medical education, even though there is a spurt and mushrooming of colleges conferring degrees to medical professionals. A noted academician, Mr. B.K. Joshi in his article “Equity vs. Quality” had to say as under: “The problems confronting higher education in India are generally classified into three categories: access, equity and quality. It would not be incorrect to claim that so far the emphasis has overwhelmingly been on access with equity becoming a second important concern during the last two decades. Quality as a characteristic feature of higher education, except in a few selected institutions, is usually relegated to the margins of the discourse. Thus, it is hardly surprising that the achievements of higher education are recounted in quantitative terms like increase in the number of colleges, universities, engineering and medical colleges and enrolment of increased access.” The present two writ petitions preferred in public interest voice their concern regarding the falling standards of education imparted in nursing colleges to the students and bring to forefront failure of regulatory authority to insist for quality dispensation of education, need of qualified teaching faculty and infrastructure. In these writ petitions, private institutions have been named, which lack necessary infrastructure, yet have been granted recognition and affiliation by the concerned bodies, condoning breach and violations of mandatory guidelines. Civil Writ Petition No. 8593 of 2008 has been preferred by Kamal Kapoor, who claims himself to be a public spirited citizen. In the 3 Civil Writ Petitions No. 8593 & 9823 of 2008 writ petition preferred, he has prayed for issuance of writ of mandamus directing the respondents, Secretary, Department of Medical Education and Research, Chandigarh; Punjab Nursing Registration Council and Indian Nursing Council to strictly implement the guidelines and provisions of the Punjab Nursing Registration Act, 1932 (hereinafter referred to as, ‘the 1932 Act’) and Indian Nursing Council Act, 1947 (hereinafter referred to as, ‘the 1947 Act’), in letter and spirit pertaining to establishment of nursing colleges, as it is alleged that most of the nursing institutions are being run in rented accommodations of 2/3 rooms and are not having proper hostel facilities and are granting degrees of qualification of nursing without equipping nursing graduates with necessary skills, knowledge and education. In the writ, petitioner has culled out provisions of the Punjab Nursing Registration Act, 1932 to say that this Act was enacted with an object that proper registration and control of nurses, health visitors, midwives and dais in Punjab is evolved to protect the clientele of these professionals so that incentive is provided for their taking necessary training and as a result thereof professional standards are improved. The 1932 Act essentially was enacted for maintenance of register of rolls of those who have obtained recognized diploma/ degree or experience in the stream of nursing, which include nurses, health visitors, midwives, nurses- dais, auxiliary nurses and midwives or trained dais. Section 18 of the 1932 Act also vest power with Punjab Nursing Registration Council to make bye-laws to grant/ issue diploma/ license/ certificate, to say that the holder, grantee or recipient thereof is qualified to practice or otherwise work as nurse, midwife, auxiliary nurse, health visitor or trained dai. Indian Nursing Council Act 1947 was enacted to establish an Indian Nursing Council with an object to establish a uniform standard of 4 Civil Writ Petitions No. 8593 & 9823 of 2008 training for nurses, midwives and health visitors. Indian Nursing Council has issued various guidelines. The petitioner has relied upon Annexure P- 8, guidelines issued for physical facilities for school/ college of nursing. These guidelines state that the college/ school of nursing should have a separate building and it should be near to its parent hospital, having space for expansion in an institutional area. These guidelines command that a college with on annual admission capacity of 60 students should have constructed area of 23720 square feet. Besides this, adequate hostel/ accommodation for students/ staff should be available in the above mentioned built-up area of the nursing college/ school respectively. A table prescribing necessary infrastructure for facility of reference can be reproduced as under: Teaching Block S. No. Teaching Block Area (Figures in Sq. feet) 1. Lecture Hall 4 @ 1080 = 4320 2. i) Nursing Foundation Lab ii) CHN iii) Nurition iv) Obg & paediatricsl lab 1500 900 900 900 3. Pre-clinical science lab 900 4. Computer Lab 1500 5. Multipurpose Hall 3000 6. Common Room (Male & Female) 2000 7. Staff Room 1000 8. Principal Room 300 9. Vice Principal Room 200 10. Library 2400 11. A.V. Aids Room 600 12. One room for each Head of Departments 800 13. Faculty Room 2400 14. Provisions for Toilets 1000 Total 23720 Sqr. ft. Hostel Block S. No. Hostel Block Area (Figures in Sq. feet) 1. Single Room/ Double Room 24000 5 Civil Writ Petitions No. 8593 & 9823 of 2008 2. Sanitary One latrine & one Bath room (for students) – 500 3. Visitor Room 500 4. Reading Room 250 5. Store 500 6. Recreation Room 500 7. Dining Hall 3000 8. Kitchen & Store 1500 Total 30750 Sqr. ft. Grand total: 23720 + 30750 = 54470 Sqr. ft. The State of Punjab, in the guidelines issued for nursing colleges, has prescribed that a school/ college of nursing should have minimum land of 2 acres, before essentiality certificate is granted. The guidelines have also laid standards for teaching staff. The petitioner has relied upon various newspaper reports (Annexure P-3 – published in The Sunday Tribune dated January 11, 2004 and Annexure P-6 – published in The Indian Express dated 12th January, 2005) to urge that number of colleges are lacking in infrastructure and are not having necessary teaching faculty. In the present writ petition, petitioner has enumerated that in particular, following three institutions do not possess infrastructure: (i) Bhai Mati Dass School of Nursing, Goraya, District Jalandhar. (ii) Satguru Institute of Nursing Education, village Khasi Kalan, Tajpur Road, Ludhiana. (iii) Mata Saraswati Institute of Nursing Education, c/o Sheela Hospital, Tagore Nagar, Ludhiana. It is stated that Bhai Mati Dass School of Nursing is having only 14 kanals of land and it has been granted approval to grant admission even though the institution was having many deficiencies. It has been averred that the teams which had to carry inspection, had colluded with the authorities of the school and approval has been granted in 6 Civil Writ Petitions No. 8593 & 9823 of 2008 violation of the norms prescribed. The writ petition further pleads that Satguru Institute of Nursing Education is running in 220 square yards rented accommodation and is also not fulfilling requirement of 1:10 teacher – student ratio and the school has also not deposited the requisite fee with the Punjab Nursing Registration Council or the Director Research and Medical Education and thus, clinical training, a must for trainee nurses, is being denied. Similarly, Mata Saraswati Institute of Nursing Education is not having proper building and infrastructure. The school is being run from the premises of Sheela Hospital. The school is not having laboratory, auditorium and library and has also failed to make provision for providing clinical training to the trainee nurses, as the requisite fee was not deposited. The school is also not having faculty, essential for providing education. The petitioner further submits that Bhai Mati Dass School of Nursing had preferred Civil Writ Petition No. 19155 of 2005 with a prayer that they be permitted to continue with the academic session 2005-06. It is stated that in that writ petition, Bhai Mati Dass School of Nursing had submitted an affidavit that they shall not make any admission for session 2006-07 till new building, where the institute is proposed to be shifted, is complete and fit for occupation. According to the petitioner, writ petition No. 19155 of 2005 was disposed of on 15th February, 2006 by passing the following order: “… … … we dispose of the writ petition with the direction that the students admitted by the petitioner Institute for the academic Session 2005-06 (First and second year) shall be permitted to continue with their studies and take the examination accordingly, subject to, of course, fulfilling the requisite conditions for the said purpose, subject to the following further conditions: 1. The petitioner shall file an undertaking in this Court in the form of an affidavit stating 7 Civil Writ Petitions No. 8593 & 9823 of 2008 that it shall not initiate any process for admission of students for the academic session 2006-07 till a new building where the Institute is proposed to be shifted, is complete and fit for occupation; 2. The Institute shall comply with all the directions which may be issued by the Nursing Council from time to time in regard to the teaching faculty, clinical training to the students and facilities to the teachers and the students. 3. The Nursing Council shall conduct periodical inspections of the Institute to ensure that except for running the Institute in a rental building, all the statutory by-laws and guidelines are scrupulously adhered to by the Institute. If any deficiency in the running of the Institute is noticed during the course of inspection, it will be open to the Nursing Council to apply for modification or vacation of this order.” In response to the writ petition, Punjab Nursing Registration Council filed reply and submitted that they have implemented the notification (Annexure P-8) and no nursing training institute is given the approval, if they were not having own building and infrastructure. It is further stated that Indian Nursing Council had granted permission to the colleges to make admission for academic year 2008-09. It is stated that the institute, which does not have its own building, should have its building before 31st March, 2009, otherwise, Indian Nursing Council will withdraw its affiliation. In the counter affidavit, it has been averred that Punjab Nursing Registration Council carried the inspection and found that Bhai Mati Dass School of Nursing is having its own building, which is complete 8 Civil Writ Petitions No. 8593 & 9823 of 2008 in all respects and Bhai Mati Dass School of Nursing fulfills all the guidelines and there was no deficiency found. Similarly, Satguru Institute of Nursing Education and Mata Saraswati Institute of Nursing Education are having requisite infrastructure in consonance with the guidelines. Punjab Nursing Registration Council had denied the specific allegations that the three institutions mentioned above lack infrastructure and requisite teaching staff and has stated as under: “16-19. … … … It may also be mentioned here that whatsoever deficiencies have been shown in these paragraphs are incorrect because as on today, there exists no deficiency because the answering respondent has inspected all the three Institutions and found the infrastructure in order as per the guidelines and whatsoever deficiencies have been shown in these paras are factually incorrect.” The State of Punjab, in the counter affidavit filed, states that they have only issued No Objection Certificates to the institutions, however, it is the duty of the Punjab Nursing Registration Council and Indian Nursing Council to inspect the institutions and insist that they have necessary infrastructure and teaching staff. The State of Punjab, along with the affidavit, has given a list of GNM Nursing Schools, which have been issued No Objection Certificates by the State Government. According to the list, 146 institutions have been granted No Objection Certificates to run nursing schools. Satguru Institute of Nursing Education has leveled allegations against the petitioner that for ulterior purposes, the petitioner is in habit of arm-twisting the nursing colleges and demanding huge amount. These allegations have been denied by the petitioner stating that Satguru Institute of Nursing Education has obtained approval from Punjab Nursing 9 Civil Writ Petitions No. 8593 & 9823 of 2008 Registration Council by submitting forged and fabricated document of ownership and an FIR has also been registered against them. It further asserted that Bhai Mati Dass School of Nursing is being run from a rented accommodation and this institution has not shifted to its own building. It has also brought to notice various discrepancies in the list submitted to the Punjab Nursing Registration Council and Indian Nursing Council regarding the deficiencies pointed out by them for the approved institutions. Civil Writ Petition No. 9823 of 2008 This writ petition has been filed by Neetu praying that respondent No.1 and 2, i.e. the Secretary to Govt. of Punjab, Department of Medical Education and Research, and Punjab Nursing Registration Council be directed to implement notification dated 8th June, 2007 (Annexure P-8) issued by Indian Nursing Council, so that the nursing institutes, which have permission, adhere to the required standards. A further direction has been sought that privately run nursing institutes, which have mushroomed in the State of Punjab by restrained not to spoil the career of nursing trainees, as the institutions lack necessary peripheral infrastructure and mandatory paraphernalia. The details of averments made in this writ petition are not required to be given, as the pleadings made in this writ petition, in essence, are not different from the averments made in the Civil Writ Petition No. 8593 of 2008, which have been noticed above. This writ petition also points out that the three institutions, namely Bhai Mati Dass School of Nursing; Satguru Institute of Nursing Education and Mata Saraswati Institute of Nursing Education are not equipped with necessary infrastructure and have flouted the mandatory guidelines. The written statement filed by Punjab Nursing Registration Council is almost 10 Civil Writ Petitions No. 8593 & 9823 of 2008 reproduction of the written statement filed to the earlier writ petition. However, in response to this writ petition, Indian Nursing Council has filed an additional affidavit of Ms. K.S. Bharti, Assistant Secretary, Indian Nursing Council, Combined Councils Building, Kotla Road, Temple Lane, New Delhi. Along with the additional affidavit, Indian Nursing Council has given a list of 99 nursing institutions. According to the list, two institutions, i.e. Bhai Mati Dass School of Nursing and Mata Saraswati Institute of Nursing Education do not possess requisite buildings. On July 6, 2009, this Court had passed the following order in Civil Writ Petition No.8593 of 2008: “The Indian Nursing Council has today filed an additional affidavit, from a reading thereof, it appears that out of the total of 99 Nursing Institutions in the State of Punjab, only 7 Institutions do not possess requisite infrastructure, as stipulated by the norms on the subject. So far as the remaining Institutions are concerned, according to the affidavit, they possess the requisite infrastructure and have been granted approval by the Indian Nursing Council upon an inspection which demonstrated existence of such infrastructure. Learned counsel for the petitioner, however, disputes the position, as stated in the affidavit of respondent No.3. He seeks some time to file re-joinder and indicate particulars of the institutions approved by the Indian Nursing Council without the same possessing any infrastructure according to the norms.” The contents of the list have been disputed by the counsel in Civil Writ Petition No. 8593 of 2008 by filing rejoinder. This Court in ‘Shiv Shakti Educational Society (Regd.) v. State of Punjab and others’ 2008 (3) SLR 646, held as under: 11 Civil Writ Petitions No. 8593 & 9823 of 2008 “21. We have already referred to the provisions of the INC Act. The Preamble of the Act shows that the object of the Act was to establish a uniform standard of training. It provided for recognition of qualifications by institutes mentioned in the Schedule and also for making regulations for prescribing conditions for admission to courses of training. Such regulations have been statutorily framed and Regulations (Annexure R4/2) provide obtaining of No Objection/ Essentiality Certificate from the State Government, assessing suitability of an institution by the Indian Nursing Council before the programme commences, grant of permission by the INC for starting the programme, approval of the State Nursing Council and the University. It further provides for admission of students only after approval by the State Nursing Council and the University. It is obvious that no course can be commenced nor admissions can be granted without permission of the INC, approval of the State Nursing Council and the University and No Objection from the State Government.” The Indian Nursing Council has brought to the notice of this Court that the executive committee of the Nursing Council in its meeting held on 23rd May, 2009 regarding the issue of own building by the nursing colleges, had passed the following resolution: “ Item No.3: To discuss the issue of Own Building Chairperson apprised the members of the recommendation of the Executive Committee during 22nd December 2009 meeting that the new institutions can have their own building within 2 years of establishment. However, it has been observed many of the institutions are having long lease and some institutions have requested for extension. Executive Committee members after much deliberation in view of the larger perspectives 12 Civil Writ Petitions No. 8593 & 9823 of 2008 recommended that the old institutions i.e. established before 2007 should be given a rejoinder for having their own building, and who does not have their own building should be penalized as given below: 1. Rs. 5 lakhs for B.Sc (N) programme or If the institution has only P.B.B.Sc(N). 2. Rs. 3 lakhs for GNM programme. 3. Rs. 1 lakh for ANM programme. Further this penalty will be for next three years and failing which the institution shall close down the institution. Executive Committee further recommended a circulate to be sent to all the institutions and the penalty to be considered w.e.f. 1st April 2010. Executive Committee further clarified that: 1. The nursing institution can have all the nursing programmes in the same building but with requisite programmewise infrastructure however labs can be shared. 2. If the trust is have some other educational programmes, the nursing programme shall be in separate block/ floor with prescribed sq feet area. 3. Nursing programme may be in hospital premises with a condition that it shall be in separate block/ floor with prescribed sq feet area. 4. Long lease by the Govt. however, rented building shall not be considered as their own building.” As has been noticed above, uniform standards of imparting nursing education are to be laid by Indian Nursing Council, they have prescribed guidelines, which make it essential for the nursing institutions 13 Civil Writ Petitions No. 8593 & 9823 of 2008 imparting education to have minimum building infrastructure. Since initially these institutions were not made to observe, follow and conform to the minimum standards, they, after approval, have enrolled students. Each year, relaxation has been made by the Indian Nursing Council and thus, the institutions have been allowed intake of more students. We are conscious that by closing the institutions abruptly for their failure to follow the mandatory provisions of having requisite infrastructure, the interest of the students, who are already midway of their course, will be jeopardized. Probably, due to this concern, guided by paramount interest of the students, Indian Nursing Council has been giving relaxation. It is for this reason that the executive committee of Indian Nursing Council on 23rd May, 2009 had passed the above said resolution regarding the need of having building in conformity with the guidelines. One day, the regime of relaxations practiced by Indian Nursing Council has to come to an end. These institutions, since 2005-06, are surviving on relaxation. Grant of relaxation, as an adhoc measure, not only breed corruption but also makes academic excellence a casualty. The Hon’ble Apex Court in ‘Unni Krishnan v. State of A.P.’ 1993 (1) SCC 645, observed as under: “197. … … … … Education has never been commerce in this country. Making it one is opposed to the ethos, tradition and sensibilities of this nation. The argument to the contrary has an unholy ring to it. Imparting of education has never been treated as a trade or business in this country since time immemorial. It has been treated as a religious duty. It has been treated as a charitable activity. But never as trade or business … … …” It has been further observed by Hon’ble Apex Court in ‘Dental Council of India v. Subharti KKB Charitable Trust’ AIR 2001 SC 2151 as under: 14 Civil Writ Petitions No. 8593 & 9823 of 2008 “9. At present, there is tremendous change in social values and environment. Some persons consider nothing wrong in commercialising education. Still however, private institutions cannot be permitted to have educational ‘shops’ in the country. Therefore, there are statutory prohibitions for establishing and administering educational institution without prior permission or approval by the concerned authority. On occasions, the concerned authorities, for various reasons, fail to discharge their function in accordance with the statutory provisions, rules and regulations. In some cases, because of the zeal to establish such educational institution by persons having means to do so, approach the authorities, but because of red-tapism or for extraneous reasons, such permissions are not granted or are delayed. As against this, it has been pointed out that instead of charitable institutions, persons having means, considering the demands of the market rush for establishing technical educational institutions including medical college or dental college as a commercial venture with sole object of earning profits and/or for some other purpose. Such institutions fail to observe the norms prescribed under the Act or the Regulations and exploit the situation because of ever increasing demand for such institutions. In such cases, permission is refused by the authorities without there being any bias or extraneous considerations. It is, therefore,