PT. BATESWARI DAYAL MISHR SHIKSHA versus MADHYA PRADESH NURSES REGISTRATION COUNCIL & ORS.

Citation: [2019] 2 S.C.R. 1017 · Decided: 15-03-2019 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Dismissed

Judgment (excerpt)

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1017
PT. BATESWARI DAYAL MISHR SHIKSHA SAMITI
v.
MADHYA PRADESH NURSES REGISTRATION COUNCIL &
ORS.
(Civil Appeal No. 3137 of 2019)
MARCH 15, 2019
[R. F. NARIMAN AND VINEET SARAN, JJ.]
Education/Educational institutions:
Medical institutions – B.Sc (Nursing) Course and M.Sc
(Nursing) Course – Grant of recognition – On facts, appellant
institution running nursing college filed writ petition seeking grant
of recognition for running B.Sc (Nursing) Course and M.Sc
(Nursing) Course for the academic session 2018-19 – Disposal of,
by the High Court – Issuance of direction to the State Nurses
Registration Council to hold inspection and decide the issue of
recognition by 20.11.2018 and in case of non-grant of recognition,
last date of admission being 30.11.18, appellant institution be
allowed to hold classes for B.Sc as well as GNM (Course) for the
academic session 2018-2019 – Appeal before this Court seeking
direction to the Nursing Council to grant recognition to the appellant
institution – Held: Though the appellant institution had been granted
affiliation for running B.Sc (Nursing) course since 2006, but for
the academic session 2018-19, no permission was accorded by the
Nurses Registration Council for running the B.Sc (Nursing) or M.Sc
(Nursing) courses – From the prayer made in the appeal, it is not
clear as to whether the appellant institution is seeking permission
for running B.Sc (Nursing) course or M.Sc (Nursing) course – Copy
of the writ petition not enclosed, as such it was not possible to
ascertain as to what prayers had been made in the writ petition
filed before the High Court – Also same not clear from the impugned
judgment of the High Court – Furthermore, appellant institution
filed incomplete form for registration of the course for academic
session 2018-19, and no supporting documents were attached –
Consent of the affiliation was not available with the appellant
institution prior to the last date of filing of the application form –
[2019] 2 S.C.R. 1017
1017
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1018                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
Institution is not in tribal or hilly areas, and it does not have its own
Parent Hospital - Thus, grant of permission to run the M.Sc (Nursing)
course for the academic session 2018-19 would not arise
Dismissing the appeal, the Court
HELD: 1.1 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 High Court.
The same is not even clear from the impugned judgment of the
High Court. [Para 7][1022-C-E]
1.2 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. [Para 11][1023-F-H; 1024-A]
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1.3 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 “plea

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