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

3. Appellant institution is a society which runs an institution by the name of Dayal Nursing College, Gwalior. It is claimed by the appellant institution that it is running the B.Sc (Nursing) course since 2006, and also certain other courses like ANM, GNM and Post Basic B.Sc (Nursing) courses since 2008, 2010 and 2018 respectively. Since the appellant institution was not granted recognition for running the B.Sc (Nursing) course for the academic session 2018-19 and also recognition for starting of M.Sc (Nursing) course, the appellant filed a Writ Petition No. 25716 of 2018, which was disposed of on 13.11.2018 (along with a bunch of similar petitions). Relying on a judgment of the Supreme Court in some other earlier case, the Division Bench of the Madhya Pradesh High Court at Jabalpur disposed of the writ petition (along with other writ petitions) with the direction that the State Nurses Registration Council (for shortshall hold an inspection as soon as possible and decide the issue of recognition latest by 20 th November, 2018, and in case the SNRC did not recognise the appellant institution, considering that the last date of admission was then declared to be 30 th November, 2018, the appellant institution would be allowed to hold classes for B.Sc (Nursing), as well as GNM (Diploma Course) for the academic session 2018¬19. Challenging the said order, this appeal has been filed with the prayer tothe Indian Nursing Council/State Nursing Council to grant recognition to the petitioner institution for its courses for the academic sessionThe copy of the writ petition filed before the Madhya Pradesh High Court has not been filed and thus we are unable to know as to what prayers were made before the Madhya Pradesh High Court [i.e. whether it was for grant of recognition for B.Sc (Nursing) course or M.Sc (Nursing) course, or both]. We are also unable to know as to what were the grounds taken by the appellant institution before the High Court in support of its prayers.

Court's reasoning:
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.