Illegality In Recognizing Colleges: MP High Court Asks Police To Collect CCTV Footage Near Nursing Council's Office To Check Its Activities

A division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal observed, “Since as per the report of Deputy Commissioner of Police (Cyber), the date of CCTV cameras installed in the office of MPNRC could not be retrieved, therefore, the Additional Commissioner of Police (Cyber Crime), Bhopal is directed to make endeavours to collect the CCTV footage of cameras installed in the proximity (particularly the CCTV footage of Cameras installed in the SBI ATM situated in front of the office of Council) so as to examine the activities of the office of MPNRC for the period from 13.12.2024 to 19.12.2024 and submit the same on or before next date of hearing.”

An interim application was filed on behalf of the petitioner seeking a direction that the students of deficient and unsuited nursing colleges should be shifted to suited colleges and adequate arrangement should be made by the respondents so as to accommodate these students to avoid further complexities.

In response to this, the Deputy Advocate General submitted that he would seek instructions on the same and address it on the date of next hearing.

Further, the respondents sought clarification the order passed by the Court on 21.11.2024 as to whether it is confined for the Sessions 2024-25 or it can be continued for next sessions as well.

In its order dated November 21, the Court noted that the amendment made in M.P. Ayurvigyan Vishwavidyalaya Adhiniyam, 2011 by introducing the Act known as M.P. Ayurvigyan Vishwavidyalaya Sanshodhan Adhiniyam, 2024, states that the exercise for granting affiliation is to be done by the regional universities. However, the Court said that it should not be done till the session 2024-25 is completed. Thus, on March 13, the Court reiterated the same. However, the Court granted liberty to the petitioner that if they want to continue it for further session, decision of the State to decentralize the power of the Regional Universities shall not be made effective and they can urge their submissions for the same on the next date of hearing and Court would look into the matter.

On March 13, the respondents produced the report of Assistant Police Commissioner (Cyber) Police, Bhopal which made it clear that they failed to retrieve the data of CCTV cameras installed in the office of MPNRC. The MPNRC/MPMSU also submitted certain documents showing details of its functionaries posted at the relevant point of time on different posts.

Thereafter, the Court directed the MPNRC/MPMSU to produce the original files related to grant of recognition to the unsuited colleges categorised by the CBI so as to ascertain under what circumstances recognitions were granted by the authorities ignoring the defects which were pointed out by the CBI and also to determine the individual accountability of the erring officers in committing such an illegality. Thus, the Court has called upon records for the academic sessions from 2018-19 till 2021-22.

The Court further directed the MPNRC to issue fresh mark-sheets in favour of the students to whom provisional mark-sheets were issued by omitting the word 'provisional' as the same has been causing hardship to the students for getting admission and appointment in other States and in issuance of NOC by MPNRC for registration in other States.

“For issuance of fresh mark-sheet, the respondents shall be free to charge the fee, nominally but not exorbitantly, causing unnecessary pecuniary burden on the students. Let the aforesaid exercise be completed without wasting any further time.”, the Court said.

The matter is listed for further hearing on March 18.

Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others, WP No. 1080 Of 2022

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