INDRAPRASTHA INSTITUTE OF NURSING Vs. STATE OF RAJASTHAN, THROUGH DIRECTOR, MEDICAL HEALTH AND FAMILY WELFARE SERVICES

JUDGEMENT

(1.) Under challenge is the order dated 27.09.2016 whereby the application of the petitioner institute for regularization of admissions of 30 students into its GNM course for the academic year 2015-16 has been rejected. It has been prayed that the respondent-Medical Health and Family Welfare Services, Jaipur be directed to grant NOC of the petitioner's institute obtaining since for the academic session 2007-2008 and even for 2016-2017 for the academic year 2015-16 and regularise the admissions made thereto through the Private Physiotherapy Nursing and Para Medical Institutions Federation Society, Jaipur.

(2.) The petitioner is an educational institution imparting General Nursing and Midwifery (GNM) course training. The Indian Nursing Council (INC) a statutory body created under the Indian Nursing Council Act 1947 recognized/approved the petitioner's institution to conduct General Nursery and Midwifery (GNM) course with an intake of 30 seats in 2007-2008. That presently continues in the academic session 2016-2017. The approval for academic year 2015-16 by INC for the academic year 2015-2016 was however delayed for a false complaint and granted only on or about 9th February 2016. In the interregnum the admission process to the GNM Course for the academic year 2015-2016 had commenced and admissions through State Counselling for state quota seats completed by 14.01.2016. For reasons of the approval/recognition by the INC for the aforesaid year not being available at the relevant time with the petitioner institution, the petitioner institute was not included in the seat matrix and the State Government did not allot students in its quota for admission to the petitioner institute's to GNM Course for academic year 2015-16. In the circumstances following the approval by the INC on 09.02.2016, students to the extent of approved intake of 30 students were admitted through the Private Physiotherapy Nursing and Para Medical Institutions Federation Society, Jaipur but confined to those who had been successful in the GNM Admission Examination 2015-2016. It is not in dispute that the petitioner institute aside of approval by the INC for the academic year 2015-2016 was also at that time affiliated to the Rajasthan Nursing Council-the examining body for GNM Course. The respondent Medical and Health Department however overlooking the aforesaid peculiar and compelling circumstances in which the students were admitted to the petitioner institute's GNM Course for academic year 2015-16 without participation in the State counselling rejected the request of the petitioner institute for regularization of such admissions. It has been prayed that this Court therefore invoke its equitable extraordinary jurisdiction, quash and set-aside the order dated 27.09.2016 and direct the respondents to regularize the 30 admissions in the GNM Course of the petitioner institute for the academic year 2015-2016 such that the career of the said students is not jeopardized for reasons of the arbitrariness in the first instance by the INC in granting delayed approval/recognition to petitioner institute's GNM Course for 2015- 16 .

(3.) The respondent Nos.1, 2 and 4 have filed replies substantially identical. They have admitted that the petitioner institute was granted NOC by the State Government for 30 seats vide letter dated 29.11.2004 under the hand of the Deputy Secretary, Medical & Health (Gr.3) Department. And that Indian Nursing Council also granted recognition/approval to the petitioner institute with an intake 30 seats to run the GNM Course vide letter dated 24.09.2007 for the academic year 2007-2008, which then has continued uninterpreted by subsequent renewals upto academic year 2016-2017-though for the academic year 2015-16 it was delayed till 09.02.2016. It has also been admitted that the Registrar, Rajasthan Nursing Council, Jaipur vide his letter dated 30.11.2007 affiliated the petitioner's institution for the purposes of its GNM Course, which affiliation has not at any point of time been discontinued and presently obtains also in the academic year 2016-2017. It has however been submitted that for reason of non receipt of approval/recognition by the INC qua the petitioner institution upto the date of counselling for admission into GNM Course in the Academic Year 2015-2016, the said institution was not included in the seat matrix/counselling nor students in the State quota allotted to it. Counselling for admission into GNM Course in academic year 2015-2016 was completed on 14.01.2016. Thereafter the petitioner institution proceeded to unlawfully admit 30 students into its GNM Course for the academic year 2015-16. Such admissions not lawfully made cannot be regularized. Consequently no legal ground/s obtain to quash and set aside the impugned order dated 27.09.2016.