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 dated 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)
dated 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 dated 13.08.2018 of State Nursing Council recognized institutions as well as an up-dated list dated
30.04.2019 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/- for renewal of its recognition through bank-draft dated 14.09.2018 before the respondent no. 7, however the same was kept
pending. In the meantime, the respondent no. 7 issued memo no. 294 dated 13.06.2019 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 dated 26.08.2019 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 dated
23.09.2019 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) dated 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 dated 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.
4. Learned Senior Counsel for the petitioner submits that the respondent authorities did not take any positive step in the matter with oblique and ulterior
motive. The petitioner-institute has been given recognition since 2015-16, but unfortunately the matter with regard to grant of permission for the
Session 2017-19 and 2018-20 is being delayed which has adversely affected the career of the students of 1st and 2nd year as they have not been able
to fill up their examination forms. It is further submitted that in the interest of justice, the concerned respondents may be directed to renew the
recognition of the petitioner-institute so as to enable its students to appear in the respective examinations of ANM course. The petitioner-institute had
already filed complete application form along with relevant documents enclosing a bank-draft of Rs.25,000/- drawn in favour of the respondent no. 6
for renewal of recognition/affiliation for academic year 2018-19 and hence it was the duty of the respondent no. 6 to get it deposited in the concerned
Bank, however only with a motive to frustrate the petitioner's claim, it has been stated in the counter affidavit dated 12.02.2020 filed on behalf of the
respondent nos. 1 to 7 that no such bank-draft has been received by the respondent no. 7 as annual affiliation fee for the academic year 2018-19.
Surprisingly, the respondent no. 7 neither issued any letter to the petitioner informing the said fact nor rejected the petitioner's application for renewal.
The learned Senior Counsel for the petitioner also submits that a fresh bank-draft with required documents has again been submitted before the
respondent no. 7 and hence it may be directed to grant recognition/affiliation to the petitioner for the relevant year.
5. On the contrary, learned A.A.G.-I appearing on behalf of the respondent nos. 1 to 7 while referring to supplementary counter affidavit dated
22.09.2020 filed on behalf of the respondent nos. 1 to 7, submits that subsequent to judgment rendered by the Hon'ble Supreme Court in Civil Appeal
No. 12759-12761 of 2017, the Government of Jharkhand has issued a new resolution vide memo no. 185(10) dated 25.06.2018 in relation to
establishment of nursing colleges/institutes in the State of Jharkhand. As per the prevailing procedure, nursing colleges are required to dully fill the
application form along with a demand draft of Rs.10,000/- in the office of the respondent no. 1 to get the 'No Objection Certificate' for operating
ANM Course. Thereafter on the basis of said NOC issued by the respondent no. 1, the duly filled application form along with all the supporting
documents as per the check list as well as enclosing a demand draft of Rs.25,000/- is required to be filed before the respondent no. 6 to get
recognition/affiliation for operating ANM Course. On receipt of complete application form with supporting documents and requisite fee, the
respondent no. 6 recommends for inspection of the concerned nursing college and thereafter an inspection team is constituted comprising of members
from nursing schools of RIMS, Ranchi, Sadar Hospital, Ranchi etc. which visits the nursing college and physically verify the facts mentioned in the
application forms. Subsequent to the inspection, a report/recommendation is submitted by the said team and a final decision is taken by the ""Nispadan
Committee"" of the respondent no. 6. The extract of decision of ""Nispadan Committee"", annexed as Annexure-J to the supplementary counter affidavit
dated 22.09.2020, clearly suggests that several nursing colleges were granted renewal of recognition/affiliation at the relevant point of time. It is
further submitted that the respondent no. 7 vide memo no. 294 dated 13.06.2019 informed the Principals of all the Nursing Colleges/Institutes situated
in the State of Jharkhand regarding renewal of Auxiliary Nursing Midwifery (ANM), General Nursing Midwifery (GNM), Basic B.Sc. (Nursing), Post
Basic B.Sc. (Nursing), M.Sc.(Nursing) courses with required annual renewal fee fixing 30.06.2019 as the last date of submission of such application.
The office of the respondent no. 6, vide memo no. 406 dated 06.08.2019 also notified examination schedule for the month of October, 2019 with
regard to all categories of nursing students. The written examination was scheduled to be held from 19.11.2019 whereas the practical examination
was to commence from 02.12.2019. The examination was accordingly conducted as per the said schedule. Since the 1st year nursing examination for
the Session 2018-20 and 2nd year nursing examination for the Session 2017-19 has been held as per the aforesaid schedule, the prayer made by the
petitioner in the present writ petition has, in fact, become infructuous. The petitioner obtained a copy of application form and without properly filling up
the required details with supporting documents such as details of land, building, its tie- up (affiliation) with hospital in which the students would get the
clinical skills, the documents relating to tie-up with Community Health Centre etc., submitted the same in the office of the respondent no. 6. The
petitioner also did not deposit the demand draft of Rs.25,000/- in the name of the respondent no. 7. Under the said circumstance, the respondent no. 6
could not have made recommendation for inspection of the petitioner-institution so as to take decision for renewal of registration. It is also submitted
that the respondent no. 7 vide letter no. 255 dated 20.07.2020 also enquired from the Branch Manager, SBI, RMCC Branch, Bariyatu, Ranchi as to
whether any payment in relation to DD no. 994205 dated 14.09.2018 for Rs.25,000/- drawn in favour of the respondent no. 7 was deposited, which
was replied in negative.
6. Heard learned counsel for the parties and perused the materials available on record.
7. The petitioner has sought two directions from this Court, firstly for renewal of its recognition and secondly 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.
8. So far as the petitioner's claim with regard to renewal of its recognition is concerned, the State of Jharkhand came out with a new resolution vide
memo no. 185(10) dated 25.06.2018 in terms with the judgment of the Hon'ble Supreme Court rendered in the case of The Karnataka state
Association of the Management of Nursing and Allied Health Science Institutions and Others Vs. Indian Nursing Council & Others (Civil Appeal
Nos. 12759-12761 of 2017). Pursuant to the said resolution, the respondent no. 7 issued a direction to the Principals of all the Nursing
Colleges/Institutes situated in the State of Jharkhand vide memo no. 294 dated 13.06.2019 to submit the downloaded renewal/validity form for
different nursing courses along with prescribed annual renewal fee for the Sessions 2019-20. The respondent no. 7 has specifically stated in the
counter affidavit that the petitioner did not annex the relevant documents along with its application form and also did not submit the annual affiliation
fee of Rs.25,000/- in terms with the resolution dated 25.06.2018 and due to the said reason, its application form could not be processed. In support of
the said fact, letter dated 22.07.2020 issued by the Chief Manager, SBI, RMCC Branch, Bokaro has been annexed with the supplementary counter
affidavit whereby it has been informed that amount of Rs.25,000/- said to have been deposited by way of demand draft no.462994205 dated
14.09.2018 was not transferred in the account of the respondent no. 7 till 22.07.2020. On the other hand, the petitioner has claimed that it had
submitted the renewal application form along with all the required documents as well as the aforesaid demand draft of Rs.25,000/-. Further contention
of the petitioner is that the respondent no. 6 only in order to save its skin did not present the bank draft before the Bank and as such the petitioner
should not be penalized for such inaction on the part of the respondent no. 6. A copy of fresh bank-draft of Rs. 25,000/- has also been annexed by the
petitioner with its reply to the supplementary counter affidavit dated 22.09.2020 filed on behalf of the respondent nos. 1 to 7. Thus, there appears to be
factual allegation and counter allegation by the petitioner and the respondent no. 6.
9. In the case of Pt. Bateswari Dayal Mishr Shiksha Samiti Vs. Madhya Pradesh Nurses Registration Council & Others reported in (2019) 5 SCC
379, the Hon'ble Supreme Court has held as under:-
14. The crucial issue to be considered is whether the appellant institution had applied to Respondent 1, Madhya Pradesh Nurses Registration Council
within the last date, which was 22-12-2018 or not, and if so applied, whether the same was complete in all respects. Respondent 1 has categorically
stated that the online application form submitted by the appellant was incomplete and no supporting documents were attached with the same. The
appellant has not filed any proof to show that it had given all required particulars in the online application form. In the absence of the copy of the writ
petition having been filed before this Court, it cannot be ascertained as to whether there was any such averment made even in the writ petition. It has
also not been stated by the appellant institution that the requisite documents were filed along with the application form (which is categorically stated by
the Respondent 1 to be incomplete). The very fact that the certificate of affiliation was issued in favour of the appellant institution by the Madhya
Pradesh Medical Science University, Jabalpur, on 2-2-2019, which was much after the last date for submission of the online application form, would
make it clear that said document of affiliation was not even available with the appellant institution at the time of filing of the online application form.
10. In the present case also, the petitioner has not brought on record any such documentary evidence in support of its claim that it had filed the
application form along with requisite document in the office of the respondent no. 6. Since the respondent no. 6 has specifically denied the fact of
receiving any such bank-draft as well as the required documents, the burden of proof lies upon the petitioner regarding submission of the same in
which it has failed. Merely filing a copy of the bank-draft cannot be said to be cogent proof in support of the petitioner's contention that the same was
actually received by the office of the respondent no. 6. Only after receipt of application form along with all required documents and the bank-draft, as
per resolution dated 25.06.2018 issued by the respondent no. 1, an inspection team is to be constituted by the respondent no. 6 to inspect a particular
nursing college to physically verify the details submitted therein and thereafter to submit report/make recommendation so as to take final decision by
the ""Nispadan Committee"". Such factual allegation/counter allegation being a disputed question of fact cannot be adjudicated in the writ jurisdiction so
as to allow the petitioner's prayer seeking direction upon the respondents to renew its recognition.
11. So far as the petitioner's prayer to allow the 2nd year students of academic session 2017-19 to appear in the examination is concerned, learned
A.A.G.-I has submitted that the respondents have no objection to allow the said students to appear in the forthcoming examination which is likely to be
held in the month of December, 2020. Learned A.A.G.-I has, however, submitted that so far as the students of 1st year of academic session 2018-20
are concerned, they are not entitled to any relief as they have been admitted in the petitioner's institute in violation of the resolution dated 25.06.2018.
However, no such document has been annexed by the respondent nos. 1 to 7 in the counter affidavit or supplementary counter affidavit suggesting
that the petitioner's institute was restrained from taking admission for the Session 2018-20. It has however been stated in the counter affidavit that
such notice was pasted in the noticeboard of the office of the respondent no. 6. It is the own admission of the respondents that recognition of several
nursing colleges/institutes were granted in terms with resolution dated 25.06.2018 at the relevant point of time, yet on perusal of extract of verification
made by the ""Nispadan Committee"" (annexed as Annexure-J to the supplementary counter affidavit dated 22.02.2019), it appears that the same is of
13.10.2018 whereas the petitioner has stated in the writ petition that the petitioner was recognized for taking admission in ANM Course for the
academic year 2018-19 which is evident from the list dated 13.08.2018 (Annexed as Annexure-6 to the writ petition) issued by the Indian Nursing
Council, New Delhi. Admittedly, the petitioner was granted NOC by the respondent no.1 as informed vide letter dated 20.12.2013 issued by the
respondent no. 6 to take admission for the academic year 2014-15 and thereafter every year till 2017-18, it was allowed to take admission for ANM
nursing training courses on the basis of yearly inspection made by a team of INC, New Delhi, some of the approvals were though granted belatedly by
the respondent no. 6- JNRC. The petitioner-institute was even inspected by a team of INC, New Delhi for the Session 2018-19 in terms with the
provisions of Sections 13 and 14 Indian Nursing Council Act, 1947 and the name of the petitioner-institute was mentioned in such list published by the
INC, New Delhi.
12. Considering the aforesaid facts and circumstance and keeping in view the career of the students of Session 2017-19 and 2018-20, the respondent
no. 6 is directed to permit the students of 2nd year for the academic sessions 2017-19 and students of 1st year for the academic session 2018-20 to
appear in the next examination. So far as the renewal of recognition of the petitioner- institute in view of resolution dated 25.06.2018 is concerned, it
has been submitted by the learned Senior Counsel for the petitioner that a fresh application with requisite documents and demand draft of Rs.25,000/-
dated 14.10.2020 has already been submitted before the respondent no. 6 and thus, the said respondent is directed to verify the said fact and if it is
found that the petitioner has already submitted the renewal application form with requisite documents and the demand draft, the said application shall
be processed and an appropriate decision shall be taken with regard to renewal of recognition/affiliation within three months from the date of this
order. Needless to mention that if the respondent no. 6 finds any such deficiency in the petitioner's application, the same shall be promptly
communicated to it for rectification.
13. The writ petition is accordingly disposed of with aforesaid observation and direction.
