JHARKHAND EDUCATIONAL RESEARCH INSTITUTE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present writ petition has been preferred for issuance of direction upon the respondent nos. 1 to 7 to renew the recognition of the petitioner- Jharkhand Educational Research Institute, Ranchi as the requisite fee for the same has already been deposited with the respondent no.6- The Jharkhand Nurses Registration Council (JNRC). Further prayer has been made for issuance of direction upon the respondents to allow the students of 1st year of Session 2018-20 and 2nd year of Session 2017-19 to appear in their respective examinations of ANM course.

(3.) The factual background of the case as stated in the writ petition is that Veena Trust, Garhpar, P.O.- Bihar Sharif, Nalanda, Bihar filed an application through its Secretary before the respondent no. 3- The Joint Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, for issuance of 'No Objection Certificate' (NOC) in favour of the petitioner-institute to conduct ANM Nursing Training course, which was granted to it vide letter as contained in memo no. 454 dtd. 20/12/2013 issued by the Registrar, JNRC (the respondent no. 7) having intake of 40 ANM nursing students per year with effect from Session 2014-15, subject to the conditions as mentioned in letter no. 352(10) dtd. 20/12/2013 issued under the signature of the respondent no. 3. Thereafter, the petitioner was allowed to take admission by the respondent no. 6 till academic year 2017-18 on the basis of yearly inspection to be conducted by a team of Indian Nursing Council (INC), New Delhi. The Indian Nursing Council (INC), New Delhi, also issued list dtd. 13/8/2018 of State Nursing Council recognized institutions as well as an up-dated list dtd. 30/4/2019 in relation to suitability of ANM Course indicating the seat capacity for different institutions including the petitioner in which it has been stated that 40 seats have been allotted to the petitioner with respect to the academic year 2018-19. The petitioner-institute stands at serial nos. 396 and 431 in the said lists issued by the Indian Nursing Council, New Delhi for the year 2018 and 2019 respectively. According to the petitioner, it deposited fee of Rs.25,000.00 for renewal of its recognition through bank-draft dtd. 14/9/2018 before the respondent no. 7, however the same was kept pending. In the meantime, the respondent no. 7 issued memo no. 294 dtd. 13/6/2019 informing the Principals of all the nursing colleges/schools including the petitioner-institute to download renewal/validity form along with annual renewal fee as prescribed by the respondent no. 6 for different nursing courses. Thereafter, the petitioner filed an application dtd. 26/8/2019 before the respondent no. 7 requesting inter alia to issue examination forms to enable its students to appear in the forthcoming 1st and 2nd year examinations. The petitioner-institute also preferred representation dtd. 23/9/2019 before the respondent no. 1 for permitting the students of Sessions 2017-19 and 2018-20 to appear in the forthcoming examinations which was scheduled to commence from the month of November, 2019. Thereafter, the respondent no. 4- The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand issued letter no. 221(10) dtd. 10/10/2019 to the respondent no. 7 for taking necessary action on such request of the petitioner-institute. The respondent no. 7, then sought guidelines vide letter no. 559 dtd. 16/10/2019 from the respondent no. 4 with respect to granting permission to the students of the petitioner-institute to appear in the examination for Sessions 2017-19 and 2018-20 as renewal of recognition/affiliation of the petitioner-institute for the academic year 2018-19 was not granted due to non-submission of complete documents. As per the petitioner, neither the respondent no. 1 nor the respondent no. 6 responded to such request of the petitioner. Hence the present writ petition.