MP Nursing College Affiliation Scam: HC Allows Affected Students to Appear in Exams

Jabalpur: Granting relief to thousands of nursing students who had been admitted to deficient and unsuited colleges, the Madhya Pradesh High Court has allowed them to participate in the examination for the previous academic sessions.

However, the HC Division bench of Justices Sanjay Dwivedi and Achal Kumar Paliwal clarified that this arrangement and benefit would be given only as a one-time measure and if the students fail to clear the exam, no further benefit would be given to them.

"These applications are allowed to the extent that not only the students, who are before this Court, but other students of unsuited colleges shall be allowed to participate in the examination as set-forth," the bench further added.

These concerned colleges were depicted as 'deficient' in the report of the Central Bureau of Investigation (CBI) submitted in deference to the order of the High Court.

Meanwhile, by filing an interim application, these 'deficient' colleges expressed their grievances regarding the Court order directing the constitution of three-member expert committee and shifting of students of deficient colleges to other colleges with an intent to evade academic loss to the students.

While considering their plea, the HC observed that shifting the students to other colleges would cause them hardship as contended by the intervenor deficient colleges. It had been contended that the students would lose 3-4 years if they were not allowed to participate in the examination.

Also Read: High Court directs State to close 70 Bogus Nursing Colleges

Responding to their pleas, the Court ordered, "We find it but obvious that shifting of students of colleges which cured the defects, would necessarily add to their hardship. Ergo, we modify the order to the extent that the students of colleges enlisted as deficient shall be allowed to participate in the examination. At the same time, the Committee will see whether the colleges have cured the deficiencies to get the recognition and affiliation for future years or not. It is made clear that this order would not only govern the students of deficient colleges categorised by CBI, but would also be available for the colleges which have not come to threshold of this Court so as to truncate the exercise of filing more applications for the same purpose. These applications are accordingly allowed with the above modification in the order dated 13.02.2024."

As per the latest media report by Live Law, previously while considering the pleas challenging the legality of granting recognition and affiliation to nursing colleges in the State, the HC bench had set up a three-member committee headed by Retired Justice Rajendra Kumar Shrivastava. The panel was tasked with supervising the progress of 74 colleges found to be deficient with minimal curable deficiency.

The Central Bureau of Investigation (CBI) inspected 308 colleges out of 364 colleges in compliance with the court order, barring 66 nursing colleges having interim protection from the inspection by the Apex Court. Among these 308 colleges, 65 colleges were found to be 'unsuitable' and 74 colleges were found to possess curable deficiencies. Accordingly, CBI submitted its report in a closed envelope on 17.01.2024.

Previously, the Court on 08.02.2024 had clarified that none of the students who got admitted to these 'unsuitable' colleges were entitled to re-accommodation in other colleges. Back then, the court had reasoned that it was the duty of the students to ensure that the colleges met the minimum standards of medical education by relying on the order in the case of Re Committee of Management Anuragi Devi Degree College & Anr. v. State of Uttar Pradesh & Anr.

Thereafter, the students of these unsuitable colleges filed interim applications before the HC bench and argued that they could not be compared to the graduate students who were aggrieved in the case of Re Committee of Management Anurag Devi.

Agreeing with this argument, the court noted "...these students are not graduates and their mental status cannot be equated with the students who are graduate nor are they come in the circumference of students whom the Supreme Court had repelled to favour."

Modifying its order, the bench granted relief to the students allowing them to appear in the exam and observed,

"Thus, we are of the opinion that the order dated 08.02.2024 is modified to the extent that students of unsuited colleges shall also be permitted to participate in the examination, but this arrangement and benefit would be a one-time-measure and if they do not clear the examination, no further benefit shall be given to them. These applications are allowed to the extent that not only the students, who are before this Court, but other students of unsuited colleges shall be allowed to participate in the examination as set-forth."

In their plea, the students also highlighted that they provided their services in the Government Health Centres during the COVID-19 outbreak. Acknowledging their contribution, the court noted, "On careful consideration of the documents made appendage to this application, it transpires that these students had borne the brunt of the responsibility when regular government staff took to their heels."

Further, the Court modified its previous order mentioning that the regularisation of Session 2023-24 mentioned in the order dated 13.02.2024 year shall be read as Session 2022-23 instead.

Emphasizing that the State Government will have the discretion to determine whether the academic session 2023-2024 must be declared as zero-year or not, the bench ordered, "Albeit, MPMSU has sent such proposal to the State Government but the State Government has not yet acted thereupon and now it is for the State to decide whether declaration of Session 2023-24 as zero-year is proper or not and if yes, then further sessions could be regularised or not. He accentuates that Nursing Council has already given its approval that last date of admission can be extended and as such declaration of zero-year would also cause great loss to the colleges which are otherwise found suitable."

"Thus, we deem it proper to keep the ball in the court of State Government to take decision eitherway on the proposal of MPMSU and accordingly, this court will give its verdict. For the present, Session 2023-24 mentioned in the order dated 13.02.2024 shall be read as Session 2022-23. Thus, we allow the suited colleges to start enrollment of students for the Session 2022-23. The decision with regard to Session 2023-24 shall be taken by this Court after the decision is taken by the State Government on the proposal made by MPMSU," it further mentioned.

Medical Dialogues had reported last year how the Madhya Pradesh Nursing Council, Bhopal had cancelled the affiliation of 19 nursing colleges for several allegations of irregularities including the appointment of fake teachers.

Last year, the CBI submitted its report on the alleged Nursing Colleges scam case to the Gwalior bench of the Madhya Pradesh High Court. Submitting the report, CBI mentioned that 50 per cent of the colleges were found to be operating fraudulently.

Further, the report also contained information about 140 out of 271 Nursing Colleges in the State. Taking note of the report, the HC bench had directed the Indian Nursing Council (INC) to match its data with CBI's data and present its report. Back then, the Court had also warned INC and the officials of medical colleges of an FIR in case of any tampering of data.

The issue of nursing colleges running without adhering to the prescribed norms was earlier being considered by the Gwalior bench of Madhya Pradesh High Court as well. Previously, taking stringent action against such nursing colleges, the Madhya Pradesh HC had directed the State and the Nursing Council to shut down 70 such bogus Nursing Colleges belonging to Gwalior-Chambal region.

To view the latest order by the MP HC, click on the link below:

https://medicaldialogues.in/pdf_upload/madhya-pradesh-high-court-234685.pdf

Also Read: Madhya Pradesh Nursing Council Cancels Affiliation of 19 Nursing Colleges