Bal Keshanandji Shiksha Prasar ... vs Indian Nursing Council
2021 Latest Caselaw 3552 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
R.P.No.9/2021- Bal Keshanandji Shiksha Prasar Samiti Vs. Indian
Nursing Council & ors., R.P.No.39/2021 - Engineers Combine
Education Society Vs. State of M.P. & ors., R.P.No.5/2021 - BIPS
College of Nursing Vs. Madhya Pradesh Nurses Registration Council
& ors., R.P.No.6/2021 - Revti Shiksha Samiti Vs. State of M.P. &
ors., R.P.No. 07/2021 - Vijay Laxmi College of Nursing Vs. Indian
Nursing Council & Ors., R.P.No.8/2021 - Abhishek Nursing College
Vs. Indian Nursing Council & Anr., R.P.No.10/2021 - L.S. Memorial
School of Nursing Vs. Indian Nursing Council & Anr.,
R.P.No.11/2021 - Star College of Nursing Vs. Indian Nursing Council
& Anr., R.P.No.12/2021-Hayward Institute of Nursing & Science Vs.
Indian Nursing Council & Anr., R.P.No.13/2021 - Bal Keshanandji
Shiksha Prasar Samiti Vs. Indian Nursing Council & Ors.
                                   (1)

Gwalior, dated : 23.07.2021

      Shri Jitendra Kumar Sharma and Shri Nirmal Sharma, learned

counsel for the petitioners.

      Shri Sanjay Kumar Sharma, learned Government Advocate for

the respondent/State.

Shri Vivek Khedkar, learned counsel for the Indian Nursing

Council and Madhya Padesh Nurses Registration Council.

Shri Tapan Kumar Trivedi, learned counsel for the Madhya

Pradesh Medical Science University.

Since identical question is involved in batch of all these

review petitions, therefore, they are heard analogously and are being

decided by this common order. For the sake of convenience, the facts

narrated in R.P.No.9/2021 are taken into consideration.

2. Heard on the question of admission.

3. All these Review Petitions have been filed seeking review of

the order dt.11.05.2000 passed in W.P.No.28758/2019 and other

connected matters, whereby all the writ petitions filed by the

petitioners have been dismissed.

4. The facts giving rise to filing of this Review Petition HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR R.P.No.9/2021- Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & ors., R.P.No.39/2021 - Engineers Combine Education Society Vs. State of M.P. & ors., R.P.No.5/2021 - BIPS College of Nursing Vs. Madhya Pradesh Nurses Registration Council & ors., R.P.No.6/2021 - Revti Shiksha Samiti Vs. State of M.P. & ors., R.P.No. 07/2021 - Vijay Laxmi College of Nursing Vs. Indian Nursing Council & Ors., R.P.No.8/2021 - Abhishek Nursing College Vs. Indian Nursing Council & Anr., R.P.No.10/2021 - L.S. Memorial School of Nursing Vs. Indian Nursing Council & Anr., R.P.No.11/2021 - Star College of Nursing Vs. Indian Nursing Council & Anr., R.P.No.12/2021-Hayward Institute of Nursing & Science Vs. Indian Nursing Council & Anr., R.P.No.13/2021 - Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & Ors.

(R.P.No.9/2021) are that the petitioner had filed W.P.No.28758/2019

being aggrieved by the non grant of recognition/renewal for the

academic session 2018-19 for GNM course and direction was sought

to allow the students of the petitioner institution to participate in the

examination for the aforesaid courses for the academic session 2018-

19 by accepting off line application and fee.

5. It is submitted by the counsel for the petitioner that the core

issue raised in the petition was regarding the Madhya Pradesh

Nursing Shikshan Sansthan Manyata Niyam, 2018 (hereinafter shall

be referred to as Rules of 2018) framed on 01.12.2018 for the next

academic session 2019-20 and not for academic session 2018-19,

which has been overlooked and was not considered while deciding

the writ petition, which forms the foundation of the entire matter and

the same goes to the root of the matter.

6. Learned counsel for the petitioners, at the out set, submitted

that the petitioners have abandoned the claim for grant of recognition

inasmuch as the prayer has rendered infructuous, however, the

petitioners are now only aggrieved with the part of the order i.e. with

regard to the cost of Rs.One Lakh having been imposed on the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR R.P.No.9/2021- Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & ors., R.P.No.39/2021 - Engineers Combine Education Society Vs. State of M.P. & ors., R.P.No.5/2021 - BIPS College of Nursing Vs. Madhya Pradesh Nurses Registration Council & ors., R.P.No.6/2021 - Revti Shiksha Samiti Vs. State of M.P. & ors., R.P.No. 07/2021 - Vijay Laxmi College of Nursing Vs. Indian Nursing Council & Ors., R.P.No.8/2021 - Abhishek Nursing College Vs. Indian Nursing Council & Anr., R.P.No.10/2021 - L.S. Memorial School of Nursing Vs. Indian Nursing Council & Anr., R.P.No.11/2021 - Star College of Nursing Vs. Indian Nursing Council & Anr., R.P.No.12/2021-Hayward Institute of Nursing & Science Vs. Indian Nursing Council & Anr., R.P.No.13/2021 - Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & Ors.

petitioners.

7. It is further contended that the M.P.Nurses Registration

Council did not conduct any inspection and the application was

pending. There was no suppression and no malafide on the part of

the petitioners. Therefore the cost could not have been imposed.

8. On the other hand, learned counsel for the respondents

contended that the petitioners have not been able to putforth any of

the ground for review as mentioned under Order 47 Rule 1 CPC, as

such, all the review petitions deserve to be dismissed. It is further

submitted that this Court has exercised its jurisdiction by imposing

cost on the petitioners on the ground that the petitioner institution

did not have the recognition for the academic session 2018-19. Rule

5 of the Rules of 2018 lays down the procedure for

recognition/renewal. Admittedly, the petitioners institution did not

have the recognition and in spite of that they went on to admit the

students putting the future of the students at sake. Looking to the

conduct of the petitioners, this Court had imposed the cost, which

does not show any apparent error on the face of the record. The

petitioners were also unable to show any provision that they can HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR R.P.No.9/2021- Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & ors., R.P.No.39/2021 - Engineers Combine Education Society Vs. State of M.P. & ors., R.P.No.5/2021 - BIPS College of Nursing Vs. Madhya Pradesh Nurses Registration Council & ors., R.P.No.6/2021 - Revti Shiksha Samiti Vs. State of M.P. & ors., R.P.No. 07/2021 - Vijay Laxmi College of Nursing Vs. Indian Nursing Council & Ors., R.P.No.8/2021 - Abhishek Nursing College Vs. Indian Nursing Council & Anr., R.P.No.10/2021 - L.S. Memorial School of Nursing Vs. Indian Nursing Council & Anr., R.P.No.11/2021 - Star College of Nursing Vs. Indian Nursing Council & Anr., R.P.No.12/2021-Hayward Institute of Nursing & Science Vs. Indian Nursing Council & Anr., R.P.No.13/2021 - Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & Ors.

admit the students without recognition. So far as grant of recognition

is concerned, this claim has already been abandoned by the

petitioner. Even considering the prayer in the writ petitions, no relief

could have been granted to the petitioners. This Court while deciding

the writ petition has rightly dismissed the writ petitions and imposed

the cost. Looking to the conduct of the petitioner as such, review

petitions deserve to be dismissed.

9. We have considered rival submissions made by the learned

counsel for the parties and perused the judgment passed by this

Court in the writ petition. The reason for imposing cost is that the

petitioners were not having recognition for the academic session

2018-19 till the last date of filling up of examination forms, yet they

have admitted the students thereby putting the future of the students

at stake. The rules do not permit such admission without recognition.

Therefore, by playing fraud with the students, the petitioners

institutions had admitted them, for which this Court felt appropriate

to impose the cost.

10. It is well settled in law that in the guise of review, rehearing is

not permissible. In order to seek review petitioner has to demonstrate HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR R.P.No.9/2021- Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & ors., R.P.No.39/2021 - Engineers Combine Education Society Vs. State of M.P. & ors., R.P.No.5/2021 - BIPS College of Nursing Vs. Madhya Pradesh Nurses Registration Council & ors., R.P.No.6/2021 - Revti Shiksha Samiti Vs. State of M.P. & ors., R.P.No. 07/2021 - Vijay Laxmi College of Nursing Vs. Indian Nursing Council & Ors., R.P.No.8/2021 - Abhishek Nursing College Vs. Indian Nursing Council & Anr., R.P.No.10/2021 - L.S. Memorial School of Nursing Vs. Indian Nursing Council & Anr., R.P.No.11/2021 - Star College of Nursing Vs. Indian Nursing Council & Anr., R.P.No.12/2021-Hayward Institute of Nursing & Science Vs. Indian Nursing Council & Anr., R.P.No.13/2021 - Bal Keshanandji Shiksha Prasar Samiti Vs. Indian Nursing Council & Ors.

that order suffers from error apparent on the face of record. The

Court while deciding the review petition cannot sit in appeal over the

judgment passed by it. The petitioner cannot be given liberty to

readdress the Court on merits because it is not an appeal in disguise

where the judgment is to be considered on merits. [See : J.R.

Raghupathy Vs. State of A.P. (AIR 1988 SC 1681), S. Bagirathi

Ammal v. Palani Roman Catholic Mission, (2009) 10 SCC 464,

State of West Bengal and Others v. Kamal Sengupta and Another,

(2008) 8 SCC 612 and M/s Shanti Conductors (P) Ltd. & another

Vs. Assam State Electricity Board and others (2020) 2 SCC 677.]

11. The judgment passed by this Court does not suffer from any

error apparent on the face of the record warranting review of the

same by this Court. Accordingly, all the review petitions fail and are

hereby dismissed.

Let a copy of this order be kept in all the connected review

petitions.

                         (S.A.Dharmadhikari)                   (Vishal Mishra)
                              Judge                                Judge
  SP

SANJEEV
KUMAR PHANSE
2021.07.28
08:47:30 +05'30'