Case: BATESWARI DAYAL MISHR SHIKSHA SAMITI Vs. MADHYA PRADESH NURSES REGISTRATION COUNCIL

respondent, the form submitted by the appellant institution was incomplete, as it did not give the faculty details, nor did it upload any supporting documents along with the form. The appellant institution was thus not given permission even for under¬graduate courses for the academic session 2018¬19. It was further contended that the appellant institution did not have its own Parent Hospital, which was necessary as per the communication dated 16.04.2018 of the Indian Nursing Council and as such, the case of the appellant institution could not also be considered for M.Sc (Nursing) course. It was contended that since the appellant did not have permission even for B.Sc (Nursing) course before the initial last date of admission, which was 31.12.2018, the question of considering the appellant institution’s application for running M.Sc (Nursing) course could not be considered. Learned counsel for the respondent submitted that the appellant institution did not have its own hospital but it claimed to be affiliated to Family Hospital, Gwalior (50 beds) and SSIMS Hospital, Gwalior (95 beds) and District Government Hospital, Gwalior (200 beds). However, there was no permission for training in Government Hospitals granted by the Director, Medical Education and as such the affiliation with the said hospitals (which had granted no objection certificate to the effect that such hospitals were affiliated to any other college) was of no consequence. Learned counsel for the respondent thus submitted that the prayer made in this appeal does not deserve to be granted.6. We have heard learned counsel for the parties and have perused the record.7. Though it may be true that the appellant institution had been granted affiliation for running B.Sc (Nursing) course since 2006, but from the record it is clear that for the academic session 2018¬ 19, there was no permission accorded by the Madhya Pradesh Nurses Registration Council for running the B.Sc (Nursing) or M.Sc (Nursing) courses. The prayer made in the appeal is not clear as to whether the appellant institution is seeking permission for running B.Sc (Nursing) course or M.Sc (Nursing) course. A copy of the writ petition has also not been enclosed and as such it is not possible to know as to what prayers had been made in the writ petition filed before the Madhya Pradesh High Court. The same is not even clear from the impugned judgment of the Madhya Pradesh High Court dated 13.11.2018.8. The specific case of the respondent no. 1 is that the appellant institution had filed incomplete form for registration of the course for academic session 2018-19, and that no documents to support its claim had been filed. Further, the last date for filing the online form for registration for the academic session 2018¬19 was 22 nd December, 2018. Admittedly the consent for affiliation by the concerned University was given only on 02.02.2019 for running the M.Sc (Nursing) course. As such, the said consent of the affiliation was not even available with the appellant institution prior to the last date of filing of the application form. Thus, the question of granting permission to run the M.Sc (Nursing) course for the academic session 2018¬19 would not arise, as admittedly the form filled by the appellant cannot be said to be complete, with all details and supporting documents.9. Even otherwise, in the communication of the Indian Nursing Council dated 16.04.2018 to the Registrar of the respondent no. 1, Madhya Pradesh Nurses Registration Council, it was categorically mentioned that “please ensure that for GNM & B.Sc (N) programme, who have applied for this academic year has a Parent Hospital of minimum 100 beds, whereas the institutions are exempted from Parent Hospital located in tribal & hilly areas only” . The institution of the appellant is admittedly not in tribal or hilly areas, and it is also not denied that it does not have its own Parent Hospital.10. From the perusal of the inspection note dated 08.03.2019, which was carried out by the respondent no. 1 in compliance of this Court order dated 05.03.2019, it is clear that the renewal of the appellant society and the papers relating to the land and building were found to be complete and also that there were 48 faculty members, but the complete online application form had not been submitted and no renewal fees had been deposited and further, the institution did not have recognition certificate for the academic session 2018-19. In the said inspection report, in paragraph 6, it has also been stated that the appellant institution did not have its own hospital but was affiliated to certain hospitals, which hospitals had only certified that they were not affiliated to any other institution.11. The crucial issue to be considered is whether the appellant institution had applied to the respondent no. 1, Madhya Pradesh Nurses Registration Council within the last date, which was 22 nd December, 2018 or not, and if so applied, whether the same was complete in all respects. The respondent no. 1 has categorically stated that the online application form submitted by the appellant was incomplete and no supporting documents were attached with the same. The appellant has not filed any proof to show that it had given all required particulars in the online application form. In the absence of the copy of the writ petition having been filed before this Court, it cannot be ascertained as to whether there was any such averment made even in the writ petition. It has also not been stated by the appellant institution that the requisite documents were filed along with the application form (which is categorically stated by the respondent no. 1 to be incomplete). The very fact that the certificate of affiliation was issued in favour of the appellant institution by the Madhya Pradesh Medical Science University, Jabalpur, on 02.02.2019, which was much after the last date for submission of the online application form, would make it clear that the said document of affiliation was not even available with the appellant institution at the time of filing of the online application form.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 1

Reasoning from the judgment:
1[ds]7. Though it may be true that the appellant institution had been granted affiliation for running B.Sc (Nursing) course since 2006, but from the record it is clear that for the academic session 2018¬ 19, there was no permission accorded by the Madhya Pradesh Nurses Registration Council for running the B.Sc (Nursing) or M.Sc (Nursing) courses. The prayer made in the appeal is not clear as to whether the appellant institution is seeking permission for running B.Sc (Nursing) course or M.Sc (Nursing) course. A copy of the writ petition has also not been enclosed and as such it is not possible to know as to what prayers had been made in the writ petition filed before the Madhya Pradesh High Court. The same is not even clear from the impugned judgment of the Madhya Pradesh High Court dated 13.11.2018.8. The specific case of the respondent no. 1 is that the appellant institution had filed incomplete form for registration of the course for academic session 2018-19, and that no documents to support its claim had been filed. Further, the last date for filing the online form for registration for the academic session 2018¬19 was 22 nd December, 2018. Admittedly the consent for affiliation by the concerned University was given only on 02.02.2019 for running the M.Sc (Nursing) course. As such, the said consent of the affiliation was not even available with the appellant institution prior to the last date of filing of the application form. Thus, the question of granting permission to run the M.Sc (Nursing) course for the academic session 2018¬19 would not arise, as admittedly the form filled by the appellant cannot be said to be complete, with all details and supporting documents.9. Even otherwise, in the communication of the Indian Nursing Council dated 16.04.2018 to the Registrar of the respondent no. 1, Madhya Pradesh Nurses Registration Council, it was categorically mentioned thatensure that for GNM & B.Sc (N) programme, who have applied for this academic year has a Parent Hospital of minimum 100 beds, whereas the institutions are exempted from Parent Hospital located in tribal & hilly areas. The institution of the appellant is admittedly not in tribal or hilly areas, and it is also not denied that it does not have its own Parent Hospital.10. From the perusal of the inspection note dated 08.03.2019, which was carried out by the respondent no. 1 in compliance of this Court order dated 05.03.2019, it is clear that the renewal of the appellant society and the papers relating to the land and building were found to be complete and also that there were 48 faculty members, but the complete online application form had not been submitted and no renewal fees had been deposited and further, the institution did not have recognition certificate for the academic session 2018-19. In the said inspection report, in paragraph 6, it has also been stated that the appellant institution did not have its own hospital but was affiliated to certain hospitals, which hospitals had only certified that they were not affiliated to any otherrespondent no. 1 has categorically stated that the online application form submitted by the appellant was incomplete and no supporting documents were attached with the same. The appellant has not filed any proof to show that it had given all required particulars in the online application form. In the absence of the copy of the writ petition having been filed before this Court, it cannot be ascertained as to whether there was any such averment made even in the writ petition. It has also not been stated by the appellant institution that the requisite documents were filed along with the application form (which is categorically stated by the respondent no. 1 to be incomplete). The very fact that the certificate of affiliation was issued in favour of the appellant institution by the Madhya Pradesh Medical Science University, Jabalpur, on 02.02.2019, which was much after the last date for submission of the online application form, would make it clear that the said document of affiliation was not even available with the appellant institution at the time of filing of the online application form.