Supreme Court Stays Madhya Pradesh High Court's Order To Constitute Special Commissions To Conduct Inspection At Nursing Colleges

The bench of Justices UU Lalit, S Ravindra Bhat and Bela M Trivedi also issued notice in the Special Leave Petition filed by the Private Nursing College Association registered under M.P. Society Registrikaran Adhiniyam, 1973 assailing High Court's order dated August 18, 2021.

Challenging the High Court's order, the Association had argued that the High Court was not correct in issuing directions for inspection of Nursing Colleges by people from Non-Medical fields such as Lawyers, District Judges and Collectors.

The Association in the SLP filed through Bhuvneshwari Pathak was also aggrieved by the High Court's direction of allowing the petitioner in the writ petition filed before High Court to be present during the time of inspection.

The Petitioners further contended that, the State Government had made "Madhya Pradesh Nursing Shikshan Sansthan Manyata Niyam, 2018" and the power of inspection had been given to the Madhya Pradesh Nurses Registration Council.

"Whenever the Council and University conducted the inspection once a year, it was done by people from the medical field comprising one Senior Doctor from Government Medical College and one Principal from Government Nursing College," petitioner stated in their SLP to contend that there was a statutory body for inspection and the directions for inspection by some other body could only be issued by Indian Nursing Council.

The Association has also relied on the Apex Court judgement in Bateshwari Dayal Mishr Shiksha Samiti Vs. Madhya Pradesh Nurses Registration Council & Ors. reported in (2019) 5 SCC 379 in which inspection of Nursing College was done by the specialized body, i.e, Madhya Pradesh Nurses Registration Council.

"Most of the Nursing Colleges are running for a period of 20 years and the inspection is done every year by the Madhya Pradesh Nurses Registration Council and University also. That even recognition of the Nursing College is done by the Madhya Pradesh Nurses Registration Council as per Rule 5 of the Madhya Pradesh Nursing Shikshan Sansthan Manyata Niyam, 2018 and even cancellation of recognition under Rule 8 is by the Madhya Pradesh Nurses Registration Council," petition stated.

While listing the matter to be heard on October 25, 2021, the Top Court also directed for serving the original writ petitioner in the High Court through the advocate who had entered appearance on his behalf in the High Court.

Case Title: Private Nursing College Association v Hariom and Ors