Safiya Malik

The Jabalpur Bench of the Madhya Pradesh High Court has issued strict directions regarding alleged irregularities in the approval and functioning of nursing colleges in the state. The court expressed dissatisfaction over the delay in the forensic examination of documents related to the case and granted the Director of the Central Forensic Science Laboratory (CFSL), Bhopal, a final opportunity to submit the required report. Additionally, the court directed the government to compile a comprehensive list of officials responsible for granting recognition to unqualified nursing colleges. It further ordered the immediate declaration of examination results for nursing students, warning that any failure to comply would result in severe consequences for the authorities concerned.

The petitions were filed by the Law Students Association and other parties against the State of Madhya Pradesh, raising concerns regarding the recognition and operation of nursing colleges. The petitioners alleged that numerous institutions had been granted approval despite lacking essential infrastructure, faculty, and other regulatory requirements. The matter involved allegations of procedural lapses and irregularities in the recognition process, leading to a call for judicial intervention.

The respondents in the case included the State of Madhya Pradesh, the Madhya Pradesh Nursing Registration Council (MPNRC), Madhya Pradesh Medical Science University (MPMSU), the Indian Nursing Council (INC), and the Central Bureau of Investigation (CBI). The High Court had previously directed the authorities to conduct a forensic examination of documents related to the recognition process, but continued delays in compliance led to further judicial action.

During the proceedings, the Deputy Commissioner of Police (Crime), Bhopal, submitted a letter dated February 20, 2025, addressed to the Director of CFSL, Bhopal, regarding the forensic examination of relevant documents. In response, CFSL stated:

"The exhibit(s) received in CFSL/BPL/88/Co/C-04/2025 are under consideration. The date of completion of the case examination cannot be ascertained. Forwarding authority will be intimated as and when the case examination gets completed."

The court noted this response and remarked that it reflected an inadequate approach toward compliance with its orders. It stated:

"The aforesaid note clearly divulges the lethargic and casual response of the Director, Central Forensic Science Laboratory, Barkheda Bodar, Bhopal, towards the order of this court. Such an approach is highly despicable."

The court granted CFSL one final opportunity to complete the forensic examination and submit the report while warning that any further failure to comply would require the personal appearance of the Director before the court to explain the delay.

The court examined the irregularities in the recognition of nursing colleges and directed that a comprehensive list of officials involved in the process since 2018 be compiled and submitted. It stated:

"Shri Awasthi is directed to submit a listicle chart showing the names of the officers posted since 2018 on the post of Director, Medical Education Registrar, MPNRC, functionaries of INC & MPMSU and also the members of the Council who are/were dealing with the process of recognition."

It further recorded that the purpose of compiling this list was to identify individuals responsible for any violations. The court stated:

"The chart should also contain the period during which the officers were posted and occupied the respective posts so as to fasten individual liability over the erring officer(s), who were involved in committing the irregularities and illegalities in granting the recognition to the unsuited nursing colleges which were in fact running short of infrastructure, faculties, etc."

The court directed that a separate list be prepared identifying nursing colleges that were initially granted recognition but were later disqualified due to non-compliance with regulations.

Regarding the delay in announcing examination results for nursing students, the court stated:

"The authorities shall declare the result of examination in compliance of earlier order of this court without wasting any further time, otherwise stringent action shall be taken against the authorities responsible for stonewalling the direction of this court."

The court ordered the Director of CFSL, Bhopal, to submit the forensic examination report without further delay, stating that if the report was not submitted by the next hearing, the Director would have to appear personally before the court to explain the reasons for non-compliance. It directed the state government to prepare and submit a list containing the names of all officials who had been involved in the recognition process for nursing colleges since 2018. This list is required to include their tenure, responsibilities, and role in the approval process, to determine accountability for any irregularities.

The court further directed the authorities to compile a separate list of nursing colleges that were initially granted recognition but were subsequently disqualified for failing to meet regulatory standards. The authorities were instructed to submit this list along with supporting records to the court.

Regarding the delay in declaring nursing students' examination results, the court reiterated its previous directions and ordered the authorities to ensure compliance immediately. It warned that any further delay in announcing the results would result in strict action against the responsible officials.

Additionally, the court ordered that W.P. Nos. 1427/2025, 3802/2025, and 3867/2025 be de-linked from the batch of nursing-related petitions and listed separately for hearing on March 6, 2025.

Case Title: Law Students Association v. The State of Madhya Pradesh & Ors.
Case Number: WP No. 1080 of 2022
Bench: Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal

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