[Nursing College Affiliation Scam] MP High Court Paves Way For Shifting Students From 'Unsuited' College To Other Govt Colleges

In a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court has allowed the students of an 'unsuitable' government college to be admitted in 'suitable' government colleges.

The Division Bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal modified its earlier order to the extent that students of this 'unsuited' government college can be accommodated in any other 'suitable' colleges.

“…In view of the above, the committee is directed to make necessary arrangement of the students of this government college, which had been declared unsuited, for shifting them to another government colleges. Application is disposed of”, the court noted in the order while listing the main matter and pending IAs to next week.

Earlier, a three-member committee headed by Retd. Justice Rajendra Kumar Shrivastava was formed, upon the court's insistence to monitor and act upon the CBI report about deficiencies in nursing colleges.

In the previous order dated 08.02.2024, the court had clarified that none of the students who were admitted to the colleges found to be 'unsuitable' were entitled to re-accommodation in other colleges; the court had then reasoned that it was the students' duty to ensure that the colleges met the minimum standards of medical education, by relying on Re Committee of Management Anuragi Devi Degree College & Anr. v. State of Uttar Pradesh & Anr. (2016) 12 SCC 517.

Yesterday, the court has also instructed the Madhya Pradesh Nursing Council to open the portal for facilitating the registration of nursing students intending to appear in the exams of Sessions 2021-22 and 2022-23.

In a reprieve to the students of those colleges initially listed as 'suitable' by the erstwhile CBI report until the court ordered a re-examination of the given list, the high court clarified that the colleges already in the 'suitable' list will remain there until further verification and furnishing of a new report by CBI. The court had initially held that no further scrutiny would be required as far as the 169 colleges given a clean chit by CBI are concerned.

As per the court's direction, CBI had inspected 308 colleges out of 364 colleges, barring 66 nursing colleges which were granted interim protection from inspection by the apex court in an SLP. 65 Colleges were found 'unsuitable' whereas 74 colleges were found to possess curable deficiencies. The report was submitted by CBI in a closed envelope on 17.01.2024.

However, on 30.05.2024, the court had ordered a denovo inspection of 169 colleges declared 'suitable' after the court acknowledged the 'unfortunate phenomena of greasing the palms of some CBI officials', who were part of the team, by a few nursing colleges.

“…Albeit, this court hopes that the CBI "once bitten twice shy" will attentively reinspect the colleges, but still we deem it apposite to induct one judicial officer in the team of CBI”, the court had noted in its earlier order in May.

Yesterday, the court also mentioned that it was closely analyzing the status reports filed by the three-member committee from time to time.

With regards to the appointment of the Registrar in the M.P Nursing Council, it was noted that a registrar has already been appointed in place of an Administrator who was functioning as per a stop-gap arrangement. Another interim application was filed recently requesting the removal of the Administrator from the Council since the post has become redundant. Advocate General, appearing for the state, responded that a decision on the matter could be taken once the pending case against the appointment of Registrar is adjudicated. The court has decided to hear the matter further on the next date of posting.

Case Title: Law Students Association v. The State Of Madhya Pradesh & Ors.

Case No: W.P 1080 of 2022 & Connected Matters

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