[Nursing College Affiliation Scam] MP High Court Modifies Earlier Order, Allows Students Of 'Deficient', 'Unsuited' Colleges To Participate In Examinations

In a relief to thousands of students who had been admitted to colleges listed as 'deficient' and 'unsuited' in a CBI Enquiry report, the Madhya Pradesh High Court has allowed them to participate in the examination for previous academic sessions.

The Division Bench of Justices Sanjay Dwivedi and Achal Kumar Paliwal noted in the order that the permission granted to take the exam even if the students are from unsuited colleges will be a one-time measure. If such students fail to clear the examination, no further chance would be given to them, the court added.

“…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 division bench further clarified.

In another interim application filed by the colleges found to be 'deficient' by CBI, the High Court observed that shifting those students to other colleges would cause hardship as contended by the intervenor deficient colleges. It was also argued by students of unsuited colleges that they would lose 3-4 years of academic sessions if not allowed to partake in the exam.

The court added that students of these colleges too would be eligible to attend the exam.

“….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”, the bench sitting at Jabalpur accordingly modified its previous order dated 13.02.2024.

Background

Previously, in a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court constituted a three-member committee headed by Retd. Justice Rajendra Kumar Shrivastava for supervising the progress of 74 colleges deficient with minimal curable deficiency.

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.

In the previous order dated 08.02.2024, the court had clarified that none of the students who were admitted in the colleges found to be 'unsuitable' are entitled to re-accommodation in other colleges; the court had then reasoned that it was the students' duty to ensure 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.

Observations Made By High Court

When the students of unsuitable colleges preferred interim applications by arguing that they couldn't be compared to the graduate students who were aggrieved in the Re Committee of Management Anurag Devi, the court concurred with the same. The Division Bench, hence, observed that the students in this case are not graduates and their mental status cannot be equated with the students who are graduates. They do not come in the circumference of students whom the Supreme Court had repelled to favour in Re Committee of Management Anurag Devi, the court concluded.

The students of unsuited nursing colleges had also submitted before the court that they actively rendered services during the COVID outbreak when even regular government staff avoided their obligation due to fear for their lives. The court acknowledged those arguments put forward by students too while modifying the order.

The court has also modified its previous order to the effect that the regularisation of Session 2023-24 mentioned in the order dated 13.02.2024 year shall be read as Session 2022-23 instead. Moreover, the court has also emphasised that the State Government will have the discretion to determine whether the academic session 2023-24 must be declared as zero-year or not, after considering the proposal submitted by M.P. Medical Science University (MPMSU).

“…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”, the court concluded.

The matter has been posted for 20.03.2024.

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

Case No: WP No. 1080 of 2022 & Connected Matters

Click Here To Read/ Download Order