Supreme Court Upholds Denial of Recognition for Nursing Courses: Pt. Bateswari Dayal Mishr Shiksha Samiti vs. Madhya Pradesh Nurses Registration Council (2019)

Date of the Judgment: 15 March 2019

Citation: Civil Appeal No. 3137 of 2019 (Arising out of SLP(C) No. 2008 of 2019)

Judges: Justice R.F. Nariman and Justice Vineet Saran

Can an educational institution claim recognition for its courses if it fails to meet the basic requirements and deadlines set by the regulatory body? The Supreme Court of India addressed this critical question in a case involving a nursing college seeking recognition for its B.Sc and M.Sc nursing programs. The court examined whether the institution had followed the necessary procedures and possessed the required infrastructure for running these courses. This judgment clarifies the importance of adhering to regulatory norms in the field of nursing education. The bench comprised of Justice R.F. Nariman and Justice Vineet Saran, with the judgment authored by Justice Vineet Saran.

Case Background

The appellant, Pt. Bateswari Dayal Mishr Shiksha Samiti, runs Dayal Nursing College in Gwalior. The institution claimed to have been running B.Sc (Nursing) courses since 2006 and other courses like ANM, GNM and Post Basic B.Sc (Nursing) since 2008, 2010 and 2018 respectively. For the academic year 2018-19, the institution was denied recognition for its B.Sc (Nursing) course and permission to start an M.Sc (Nursing) course. This led the institution to file a Writ Petition No. 25716 of 2018 before the Madhya Pradesh High Court.

The High Court, on 13 November 2018, directed the State Nurses Registration Council (SNRC) to conduct an inspection and decide on recognition by 20 November 2018. It also allowed the institution to conduct classes for B.Sc (Nursing) and GNM courses for the 2018-19 session if the SNRC did not grant recognition by the deadline. The appellant then approached the Supreme Court, seeking a directive for the Indian Nursing Council/State Nursing Council to grant recognition for its courses for the 2018-19 academic session.

Timeline

Course of Proceedings

The appellant institution initially filed a writ petition before the Madhya Pradesh High Court, which was disposed of with directions for the SNRC to conduct an inspection. The High Court allowed the institution to conduct classes for the 2018-19 session if recognition was not granted by the specified date. Dissatisfied with the High Court’s order, the appellant appealed to the Supreme Court, seeking a directive to grant recognition for its courses.

Legal Framework

The case is governed by the “Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018”, which was gazetted on 16 October 2018 and came into force on 1 December 2018. These rules stipulated that online application forms for the academic session 2018-19 were to be submitted between 17 November 2018 and 22 December 2018. Additionally, the Indian Nursing Council’s communication dated 16 April 2018 mandated that institutions running GNM and B.Sc (N) programs must have a parent hospital with a minimum of 100 beds, except for institutions in tribal and hilly areas.

Arguments

Appellant’s Arguments:

• The appellant institution contended that it had been running the B.Sc (Nursing) course since 2006.
• It argued that the SNRC did not conduct the inspection, leading to the denial of recognition for the B.Sc (Nursing) course.
• The institution submitted that an inspection was conducted on 8 March 2019, following the Supreme Court’s order, and no deficiencies were found in the faculty, laboratory, classrooms, and other infrastructure.
• The appellant also stated that it had received consent of affiliation from the Madhya Pradesh Medical Science University, Jabalpur, on 2 February 2019, for the M.Sc. Nursing course.
• The institution requested recognition for both B.Sc (Nursing) and M.Sc (Nursing) courses for the academic session 2018-19.

Respondent’s Arguments:

• The respondent, Madhya Pradesh Nurses Registration Council, argued that the appellant’s online application form was incomplete, lacking faculty details and supporting documents.
• The respondent stated that the institution did not have its own parent hospital, which was a mandatory requirement as per the Indian Nursing Council’s communication dated 16 April 2018.
• The respondent contended that the consent of affiliation for the M.Sc (Nursing) course was granted on 2 February 2019, after the last date for submitting the application form.
• The respondent submitted that the institution’s affiliations with other hospitals were not valid as there was no permission for training in Government Hospitals granted by the Director, Medical Education.
• The respondent argued that since the appellant did not have permission even for the B.Sc (Nursing) course before the initial last date of admission (31 December 2018), its application for the M.Sc (Nursing) course could not be considered.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in a dedicated section. However, the core issue was:

1. Whether the appellant institution was entitled to recognition for its B.Sc (Nursing) and M.Sc (Nursing) courses for the academic session 2018-19, given its incomplete application and lack of a parent hospital.

Treatment of the Issue by the Court

The following table demonstrates how the Court decided the issue:

Authorities

The Court considered the following authorities:

• “Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018”: These rules, gazetted on 16 October 2018, and effective from 1 December 2018, governed the recognition of nursing institutions in Madhya Pradesh.
• Indian Nursing Council communication dated 16 April 2018: This communication mandated that institutions running GNM and B.Sc (N) programs must have a parent hospital with a minimum of 100 beds, except for those in tribal and hilly areas.

Judgment

How each authority was viewed by the Court:

• The “Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018” were used to determine the validity of the application process and the deadlines for submission.
• The Indian Nursing Council communication dated 16 April 2018 was relied upon to emphasize the mandatory requirement of a parent hospital for nursing institutions.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the fact that the appellant institution had failed to comply with the mandatory requirements for recognition. The Court emphasized the importance of adhering to the rules and regulations set by the regulatory bodies. The following points weighed heavily in the Court’s decision:

• Incomplete Application: The appellant’s online application form was incomplete, lacking essential details and supporting documents.
• Lack of Parent Hospital: The institution did not have its own parent hospital, which was a mandatory requirement as per the Indian Nursing Council’s communication.
• Delayed Affiliation: The consent of affiliation for the M.Sc (Nursing) course was obtained after the last date for submitting the application form.
• Non-Compliance with Rules: The institution failed to adhere to the deadlines and procedures set by the Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018.

Fact:Law Ratio

Logical Reasoning:

The Court considered the arguments and evidence presented by both parties. It rejected the appellant’s plea for recognition, emphasizing that the institution had failed to meet the basic requirements and deadlines set by the regulatory body. The Court found that the appellant’s application was incomplete, lacked essential infrastructure, and was not submitted within the stipulated timeframe. The Court also noted that the appellant did not have its own parent hospital, which was a mandatory requirement for nursing institutions. The Court concluded that there was no ground to grant permission to the appellant institution for running the M.Sc (Nursing) course for the academic session 2018-19. The appeal was dismissed.

The Supreme Court quoted from the judgment: “The specific case of the respondent no. 1 is that the appellant institution had filed incomplete form for registration of the course for academic session 2018-19, and that no documents to support its claim had been filed.”

The Supreme Court also stated: “Even otherwise, in the communication of the Indian Nursing Council dated 16.04.2018 to the Registrar of the respondent no. 1, Madhya Pradesh Nurses Registration Council, it was categorically mentioned that “please ensure that for GNM & B.Sc (N) programme, who have applied for this academic year has a Parent Hospital of minimum 100 beds, whereas the institutions are exempted from Parent Hospital located in tribal & hilly areas only”.”

The Supreme Court further observed: “The crucial issue to be considered is whether the appellant institution had applied to the respondent no. 1, Madhya Pradesh Nurses Registration Council within the last date, which was 22nd December, 2018 or not, and if so applied, whether the same was complete in all respects.”

Key Takeaways

• Educational institutions must strictly adhere to the rules and regulations set by regulatory bodies.
• Incomplete applications will not be considered for recognition.
• Nursing institutions must have their own parent hospital with a minimum of 100 beds, unless they are located in tribal or hilly areas.
• Deadlines for submitting applications must be strictly followed.
• Consent of affiliation must be obtained before the last date for submitting the application form.

Directions

No specific directions were given by the Supreme Court in this judgment.

Development of Law

The ratio decidendi of this case is that educational institutions must strictly comply with the rules, regulations, and deadlines set by the regulatory bodies to obtain recognition for their courses. This judgment reinforces the importance of adhering to mandatory requirements, such as having a parent hospital, and submitting complete applications within the stipulated time frame. There is no change in the previous position of law, but it emphasizes the strict adherence to procedural and infrastructural requirements for educational institutions.

Conclusion

The Supreme Court dismissed the appeal filed by Pt. Bateswari Dayal Mishr Shiksha Samiti, upholding the decision of the Madhya Pradesh High Court. The Court found that the institution had failed to comply with the necessary requirements for obtaining recognition for its B.Sc (Nursing) and M.Sc (Nursing) courses for the academic session 2018-19. The judgment emphasizes the importance of adhering to regulatory norms and deadlines in the field of nursing education.