”W0?‘ ‘99/ \‘77 HIGH COURT OF CHHATTISGARH : BILASPUR W. P. (C) No. 5423 of 2008 Petitioners 1. Mahanadi Education Society, through. its Secmtary Shxi Shailendm Jain, near Nalghar Chowk, Chotapara, Raipur 492 001 2. RITEE Collage of Nmsing (RITCON), through its Principal, RIT Campus, near Nalghar Chowk, Chhotapaxa, Raipur 492 001 Indian Nursing Council, Combined Council Building, Kotla‘Road, Temple Lane, New Delhi 110 002, thmugh its Secmtaly. Velsus Respondents 1. 2. Directorate Medical Education, Old Nurses Hostel, D.K.S. Building Premises, Raipur, C G through its Deputy Ditector. 3. Vice Chancellor Shri Laxman Chatmvedi, Pt. Ravi Shankar Shnkla University, Dumar Talab, Raipur 492 O 1 1, Chhattisgarh. 4. State of Chhattisgarh, Depaxtment of Health and Family Planning Mantralaya, Dau Kalyan Singh Bhawan, Raipur 492 001, through Secretary. W.P. [Cl No. 351 of 2009 1. Pemeen Mahavir, D/o Jodhan Ram Mahavir, aged about 20 years, Village Unkari, Post, Charbhata, Distt. Kanker, Chhattisgarh. Chandrakar, aged about 18 yeals, resident of Petitioners 2. Bharti Chandmkar, D/o late Shri Raman Main Road Gurudwara Para, near Petxol Pump Bagbahara, Distt. Mahasamund, Chhattisgarh. 3. Shwetalina Pradhan, D/o Shn' Nirmal Pxadhan, aged about 19 years, Pitda (Basna), Post O$ce Piida, Distt. Mahasamund (C.G.) Anita Gwal, D/o Jagdish Gwal, c/o Shri Jagdeeshpur Gwal, aged about 21 years, resident of village 8r. post Jagdeespur, Thana ' Basna, Distt. Mahasamund (C.G.) , 5. Padma Bharti, DI o late Shri Jagat Ram, aged about 21 years, resident of Ghurdewa Colony, Q.No. 9/3 post Banldmongia, Distt. Koxba Jilopa Bagh, D/o Shri Aman Bagh, Saraipali, aged about 19 years, resident of Basna, Distt. Mahasamund (C.G.) (C.G.) 7. Nilisha Nand, D/o,Shri Yoel Nand, cfo Yoel Nand, aged about 24 years, aged about village Jagdeeshpur, P.O. Basna, Distt. Mahasamund (C.G.);if‘ 8. Rachna Nanci, D/o S. D. Nand, aged about 18 years, c/o Shri S.D.Nand, resident ofvillage 85 P.O. Jagdeeshpur, Thana Basna, Distt. Mahasamund (C,G.) /m 11. 13. 14. 15. 16. Versus Respondents . Ranjana Chandrakar, D/o Shn' Nilkantba Chandrakar, aged labout 21 yeaxs, resident of village Farfoud, Distt. Raipur (G.G.) Snman Dewangan,‘ D/o Shr'i K. R. Dewangan, agm about 19 years, zesidelit of near Vrindawan Vidyalaya, Imai‘ébhuma, Mahasamund, Distt. Mahasamund, Chhattisgarh. Jyoti Barba, D/o Shri Vijay Bamha, aged about 19 yeaxs, resident of village Memra, Distt Mahasamund Thana Pithora, Distt Mahasamund (C G) Aster Tandl D/o Shn Robm Tandl aged about 29 yeaxs, C/o Shn Robm Tandx resident of near Bus Stand, Jagdeeshpur, Distt. Mahasamund (C.G.) Shruu‘ Sharma, D/ o Shri J.P.Shanna, aged abOut 21 years, resident of Ujjain (M.P.) Malti Singh, D/o Dhruv Pratap Singh, aged about 18 yeaxs, resident of B-Type, 3/77, Chirimiri, Distt. Korea (C.G.) Laxmi, D/ o late Shri Ghuxan Ram, aged about 21 yeaxs, resident of Godri Paxa, Kothari side Block No. 16/ 10 Chirimiri, distt. Kama Chhattisgarh, Jyoti Mam'kpun‘, D/o Shri Shahab Das, aged about 20 yeaxs, resident of Shahdol (M.P.) Ravi Shankar University, Raipur, thmugh Registrar, Ravi Shankar University, Raipur, Distt. Raipur, Chhattisgarh. Vice Chancellor, Ravi Shankar University, Raipur, Distt. Raipur, Chhattisgarh. Mahanadi Educational Society through its Secretary near Nalghar Chowk, Chhotapara, Raipur, Distt. Raipur, Chhattisgarh. RIT College of Nursing through its Principal, R.I.’I‘. Campus, near Nalghar Chowk, Chhotapara, Raipur, Distt. Raipur, Chhattisgarh. State of Chhattisgarh, through the Secretary, Department of Health and Family Planning, Mantralaya, D. K. S, Bhawan, Raipur, Chhatesgar'h. WRYI‘ PETITIONS UNDER ARTICLE 226(227 OF THE CONSTITUTION OF INDIA Shri Ankit Singhal, Advocate for the petih'oners Society and College in ~w.P.(C)No. 5423/ 2008. Shri Sudeep Agalwal, Advocate for the petitionels-students in W.P.(C) No. 351/2009. -- Shn' S. S. Rajput, Advocate for the mspondent — Indian Nursing Council. Shri Manindra Shrivastava, Senior Advocate With Shri Amrito Das, Advocate for the mspondents— Pt. Ravi Shankar Shukla University. Shn' Arun Sac, Govt. Advocate for the respondents-State of Chhattisgarh. rye (SB: Hon’ble Shri Satish K. Agnihotri J.) ORDER (oral) (Passed on this 9th day ofJuly, 2009) Heaxd. 1. The challenge in W.P.(C) No. 5423/2008 is to the order dated 5.7.2008 (Annexure P/ 1), whereby the application for grant of when in the University to open B.Sc. Nursing course in the academic session 2008—2009 has been rejected on the ground that the applicau'on for the purpose was made after 28th February, 2008. 2. W.P.(C) No. 351/2009 is med by the students, Who got admission in the RI’I‘ College of Nursing in the academic session 2008—2009 in B.Sc. (Nursing) course, seeking a direction to the respondents- University to issue enrolment forms to them. The aforementioned both the writ petitions involve common question of facts and law therefore they are being disposed of by this common order. 4. The indisputable facts, in nutshell, are that the Mahanadi Education Society (for short ‘the Society’) was created with the y.. ' u certmcate to the Society for opening Basic B.Sc.(N) with intake of 6O seats in the College. The State Government by order dated 31.1.2008 (Annexure P/7) also granted the no objection for the purpose. After obtaining no objection from the University as well as the State Government, the Society made an application to the Indian Nursing Council under the provisions of Indian Nuising Council Act, 1947 for allotment of 60 seats to start nursing programme as B.Sc.(N) and P.B.Sc.(N) courses in the College. By ‘ letter dated 30.5.2008 (Annexum .P/ 10), the Indian Nursing Council, on the basis of the inspection report, permitted the Society to start B.Sc(N) programme with intake of 40 seats, subject to the approval of State Nursing Council and University] Board. Thereafter, the Society made an application to the University on 18.6.2008 (Annexure P/ll) for gant of necessary approval to start the B.Sc(N) programme With. 40 intake for the academic session 2008. The University, without considering all the aspects of the matter, rejected the application by the impugned order dated 5.7.2008 (Annexure P/ 1), holding that " W WEI 2008—09 ’l‘ W HEW/armmegwmmwiimmi mahmzamzooammamtnwwmm mmdwaéteiiewmmsmimm 3R3 ail Ward H§T ail GT W70 l ”. Thus, both the petitions. main object to impaxt quality education by establishment of i schools and colleges with libmxy etc. The RITEE College of Nursing (for short ‘the College? is being run by the Society. On 9.4.2007 (Annexure P/8) the University gmnted no objection Shri Ankit Singhal and Shn' Sudccp Agaiwal. learncd counsel appealing for the petitionels submit that the impugned order dated 5.7.2008 has been passed Without application of mind as under Statute 27 them is no cut od‘ date for making an application in case of new non-government college for grant of permission] sanction. ; 7. Shri S. S. Rajput, learned counsel appearing for the Indian Nursing Council and Shri Arun Sac, learned counsel, appearing 4 for the State of Chhattisgarh would submit that the relevant approval/permission has been granted by the Indian Nursing Council as well as the State Government. 8. Shri Manindra Shn‘vastava, learned Senior counsel with Shn' Amrito Das, learned counsel appearing for the respondents] University would submit that clause (1) of the Statute 27, under heading of “When of College‘if read in its entirety, makes it clear that in all cases, including in case of new subject/faculty/post-graduate class to be added in a existing Non~Government College, an application has to be made to the Registxar of the University not later than the 28m February preceding the academic year nom Which manon is sought. It is stated in sub-clause (d) but it applies to all the sub-clauses (a), (b) and (c) i.e. the- last date for making application. Therefore, 28th February is taken as a cut on' date for making an application for opening a new subject or new college. The proviso makes it clear in regard to the Government College, the last date shall be " the 30th June preceding the academic year nom which amliation is sought, whether it is a new college or in a existing college, new ‘ subject] faculty] post graduate classes are to be added. 7 ‘ , p the academic session. pcrused the pleadings and documents appended thereto. Admission ofColleges to the Privileges of the University and Withdrawal Thereof I (REFR CLAUSE (1) OF SECHON— 35) AFFEMNON OF COLLEGES: I. An Applicationfor admission of an educational institution (here- in-after referred to as ‘COLLEGES") to the Privileges of the University shall be made:- (a) (b) xx Colleges reads as under :— STATUTE N0. 27 in the case of a college ta be owned and maintained by Govemment or a new subjed/faamy/post-gmduate class to be added in such a College by an O’m‘oer authorised by Govemment in writingfor the purpose; in the case of a College to be owned and maintained by an assooiation (here-in—after referred to as the ‘Foundation Society’), by the Secretary of the Foundation Sodety, authorized by a resolution to make the in the case of a College to be owned and maintained solely by a person (here-in-after referred to as the ’Founder’), by thei’Founder; and in case of a new subject/faculty/post-graduate class to be added in a existing Non-Govemment College by Chaimtan the Governing Body, to the Registrar of the 9. Leaxned counsel appearing for the respondents—University fuxther submits that the object behind fixing the cut oh' date is to ensme that the academic session starts in time. If the applicah‘ons are made just before the commencement of the academic session or after commencement of the academic session, them Would not be smooth beg‘nning and completion of 10.‘ I have heaid learned counsel appearing for the parties and 11. It is evident that the application of the peu'tioner for permission to B.Sc.(N) pmgramme for the academic session 2008—2009 is not Iejected on any other ground, except that the application was made after 28th February, 2008. The Statute No. 27 Amhation of ‘ application; OQQ Univeisity not later than the 23h February preceding the awdemic yearfrom which cw‘matt'on is sought. Provided that in vine of a College owned and maintained by Govemment the last date shall be the 30th June preceding the academic yearfrom which Wliation is sought. Note: Nae last dates for applying to the Commissioner, Higher Education, Directorate have been announwd separately by the Direaorate.’ - 12. In Older to obtain permission of the University the Society has to obtain appmval/permission mt of all mm the Indian Nuxsing Council and thereafter &om the State Govennnent. In the present case the Indian Numing Council has granted approval on 30th May, 2008 (Annexure P/ 10) and the State Government granted no objection on 31.1.2008 (Annexure P/7). The University cannot consider the application of the petitionexs before giant of approval by the Indian Nursing Council, and as such, it was not possible for the petitioners Society an College to make an application before 28th Februaiy, 2008 for starting B.Sc.(N) programme for the academic session 2008-2009. 13. On perusal of the Statute 27, it is not clear as to Whether the cut on date 28th February is applicable in all clauses (a), (b) 8r. (c), as the cut OE date is nxed only in sub-clause(d). in case of new subject/faculty/post-graduate class to be added in a exisu'ng Non—Government College. In other cases no cut od‘ date is nxed. The contention of leamed counsel appearing for the respondents— University does not get any support nom the averments made in the affidavit nled by the University. However, having regard to the facts situation of the case, as the academic session has aheady come to an end, it is not necessary to interpret or decide the clause l A$liadon of Colleges in Statute No.27. c9 14. Since the petition has been pending consideration, the University authorities may consider the application for stating B.Sc.(N) programme in the College with intake of 40 seats, on its own merits for the new academic session 2009-2010. 15. The University may further consider grant of approval for the academic session 2008-2009 also, if all other things, except the late application, is found in order, having regard to the fact situation that the students were admitted and they appeared in the examination. However, it is made clear that the order in this \ case shall not be treated as precedent, as the order has been passed in the special facts and circumstances of the present caSC . 16. In View of the foregoing, both the writ pen'tions stand disposed of. Interim orders dated 25.9.2008 and 4.2.2009, passed in W.P.(C) No. 5423/ 2008 and the interim order dated 4.2.2009, passed in W.P.(C) No. 351/ 2009, are vacated. No order as to costs. we. /.%/‘ // \ \ Sdl‘ . \ x \ garish K.mm“ \k \. ludge \ \ V, V ’J" Thakm' //. /\