[Nursing College Affiliation Scam] MP High Court Forms Committee Headed By Retd. Judge After CBI Report Lists 74 Colleges With Curable Deficiencies

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

The Division Bench of Justices Sanjay Dwivedi and Achal Kumar Paliwal also stated that the committee would include Retd IAS officer, R.S. Julaniya, and VC of Indira Gandhi National Tribal University Prakash, Mani Tripathi, as the two other members.

“The Committee will not be required to inspect the Colleges already inspected by the CBI but the Committee has to act upon the report of CBI and to see that the Colleges which are given time to cure the deficiencies whether cure the same within given time and if not then should not be allowed to continue and report in this regard be submitted before the State Government and also before the Court…”, the bench sitting at Jabalpur observed.

Earlier, on 08.02.2024, the court had 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.

As per the order dated 13.02.2024, the three-member committee will be at liberty to grant time to the above-said 74 colleges for curing deficiencies. Upon meeting the conditions laid down by the committee, such colleges may be listed in the 'Suitable' category along with the other 169 colleges. In the meantime, the committee has the discretion to determine how to accommodate those students who hail from these 74 colleges.

If the deficiencies are not cured within the designated period, then the committee would submit a report in this regard to the state government as well as the high court for discontinuation of courses in such colleges, the court added. According to the court, the state government should take swift action to close down such colleges which are deliberately flouting the norms of affiliation and recognition.

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.

The court has also invited suggestions from the three-member committee about how the erring officers who previously inspected and granted undeserving affiliation to these unsuitable colleges must be punished. Additionally, the committee has also been asked to propose measures i) to strengthen the rules and regulations about affiliation for weeding out substandard institutions, and ii) to improve the aspects of academics, hands-on training, apprenticeship, and internships in nursing and paramedical colleges.

The expenses incurred by the Committee in discharging their functions will be borne by the state government, the court clarified.

The petitioners had earlier alleged several discrepancies in the actions of authorities and requested further scrutiny of the CBI report itself by an expert committee. This request was denied by the High Court.

In the latest order dated 22.02.2024, the court has also reproduced a comprehensive list of colleges found to be suitable, deficient and unsuitable by CBI in its report dated 17.01.2024. On 22.02.2024, the division bench also allowed commencement of the enrolment process for academic session 2022-23 in colleges given clean chits by CBI. The 3^rd respondent, Madhya Pradesh Nurses Registration Council, has also secured permission from the court to initiate recognition process for the Academic year 2024-25 and complete the affiliation process for the sessions 2021-22 and 2022-23 in respect of the Colleges given clean-chit by the CBI.

On another note, the court, while considering the matter on 13.02.2024 remarked that the CBI had been asked to complete the inspection of remaining nursing colleges, including the ones recognised by the Madhya Pradesh Nursing Regulatory Committee (MPNRC). Iterating the same, the court has asked CBI to complete the inspection of the remaining colleges within 3 months with the assistance of the state government. Before submitting the inspection report, the CBI must ascertain duplicity in the faculty of certain colleges too. Duplicacy in faculty will only be allowed up to three and will carry a fine of Rupees one lakh for each faculty, the court further added.

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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