'Illegality' In Recognizing Colleges: Madhya Pradesh HC Slams Director CFSL's Casual Response On Missing CCTV/Files Of State Nursing Council

In a PIL claiming irregularities in granting recognition to nursing colleges, the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the "lethargic and casual response" by Director, Central Forensic Science Laboratory with respect to non-production of a report on missing CCTV footage and the files on enrolment of students in colleges.

The court further said the approach of the authority was "highly despicable", adding that if a report is not submitted the Director CFSL will be personally present to explain the lethargy. 

On January 31, the court had  warned of transferring the enquiry to CBI if the State authorities fail to produce the material on enrolment of students in colleges, when allegedly no permission for admission in the nursing course was granted for 2022-23 session. The court had granted the authorities to comply with its earlier directions in the matter. 

Thereafter on February 25, a division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal was shown a copy of letter written by Deputy Commissioner of Police (Crime), Bhopal to the Director, Central Forensic Science Laboratory, Barkheda Bodar, Bhopal. With regard to the documents and CCTV footages asked by the court in order dated January 23, the letter mentioned a noting by the Director, Central Forensic Science Laboratory which said, “The exhibit(s) received in CFSL/BPL/88/Co/C04/2025 are under consideration. The date of completion of the case examination cannot be ascertained. Forwarding authority will be intimated as and when the case examination gets completed.”

On this the bench said, "The aforesaid note clearly divulges the lethargic and casual response of the Director, Central Forensic Science Laboratory, Barkheda Bodar, Bhopal towards the order of this court. Such an approach is highly despicable. However, on the face of immediacy and delicacy of the issue, one more opportunity is granted to the Director, Central Forensic Science Laboratory, Barkheda Bodar, Bhopal to complete the exercise taking note of material submitted by the Dy. Commissioner of Police (Crime) Bhopal and positively submit a report before the next date of hearing. Failure on the part of the Director, Central Forensic Science Laboratory, Barkheda Bodar, Bhopal to submit the report would entail into his personal presence before this Court on the next date to explain the lethargy".

Additionally the court directed the State to submit a 'listicle' chart showing the names of the officers posted since 2018 on the post of Director, Medical Education Registrar, Madhya Pradesh Nursing Registration Council, functionaries of INC & MPMSU and also the members of the Council who are/were dealing with the process of recognition.

“The chart should also contain the period during which the officers were posted and occupied the respective posts so as to fasten individual liability over the erring officer(s), who were involved in committing the irregularities and illegalities in granting the recognition to the unsuited Nursing colleges which were in fact running short of infrastructure, faculties, etc.”, the Court said.

The court has also directed the authority to prepare a list of colleges to whom earlier recognition was granted, but later-on declared disqualified by the CBI in its report or by this court.

Background

For context, an application was filed by the petitioner alleging that the government did not comply with the order dated December 12, 2024. Instead of complying with the order, an application was filed by the government for recall of the said order and the same was withdrawn when it was pointed out that on December 14, Smt. Anita Chand (then Registrar of MNRPC) has taken away the important files/material from the office of MP Nursing Registration Council (MPNRC). 

The court in its order dated December 19, 2024, had issued a direction to the M.P. Nursing Registration Council, especially the Registrar of the Council, to preserve the CCTV footage of the office of the Council for the period from 14th December to 19th December, 2024 so as to examine the correctness of the allegations made by the petitioner about tampering of evidence and taking away certain documents from the office by the culprit.

On January 23, it was conveyed to the Court by the Registrar of Nursing Council that the said data is not available. On the same date, certain documents were filed on behalf of the petitioner to indicate that the CCTV footage has been removed by the-then Registrar herself just to save her skin from alleged irregularities and illegalities committed by her.

In its order dated January 23, the Court said, “Earlier, on the anvil of entanglement of the Registrar in the illegality and irregularities committed on earlier occasions, this Court had directed for her removal from the post of Registrar. Despite the order of this Court, the Registrar chose to disobey and clandestinely removed the CCTV footage spanning 13th to 19th December, 2024”.

Thereafter, the Court had directed the Commissioner of Police, Bhopal and Cyber Cell Incharge, Bhopal to make all plausible efforts to retrieve the CCTV footage of the office of Nursing Council for the period from 13th to 19th December, 2024 in 15 days' time. The court had also directed the to produce files regarding enrolment of students in the colleges to which, as per the report of CBI, no permission was granted for making admission in GNM course for the session 2022-23.

The matter is listed for further hearing on March 6.

Case Title: Law Students Association vs The State of Madhya Pradesh and Ors, WP No. 1080 of 2022

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