[Cites 1, Cited by 0]
Madhya Pradesh High Court
Shree Vinayak Nursing College vs The State Of Madhya Pradesh on 1 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
1 WP-11208-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 11208 of 2026
(SHREE VINAYAK NURSING COLLEGE Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 01-04-2026
Shri Palash Kumar Tiwari - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the respondents
No.1 and 3/State.
Shri Abhijeet Awasthi - Deputy Advocate General accepts notice on
behalf of respondent No.1 and 3.
On payment of process fee, issue notice to the respondent No.2 and 4.
Notice be made returnable within four weeks.
Learned counsel for the respondents prays for four weeks' time to file
the reply.
Learned counsel for the petitioner submits that vide order dated
16.12.2025, this Court in W.P. No.41159 of 2025 has passed the following
order:-
"On payment of process fee issue notice to the respondent No.2.
Notice be made returnable within four weeks. Learned counsel for
the respondents pray for four weeks' time to file the reply.
2. The present petition has been filed by petitioners, which are
private unaided Colleges, inter-alia, offering the course in
B.Sc.Nursing. The petitioners' Colleges were granted permission
for particular intake capacity of students. However, after
counseling only few students had joined the petitioners' Institute.
The details of permission for intake capacity and students admitted
to College in petitioners/Colleges are specifically mentioned in
paragraph 5.4 of the petition.
3. Learned senior counsel for the petitioners submits that
the online portal of the University reflects outstanding/balance
amount to be paid to the University for the purpose of granting
2 WP-11208-2026
affiliation. He submits that the situation created by the University
is unfair, untenable and absolutely illogical. Learned senior
counsel says that only few students have taken admission against
the sanctioned strength of students, which is much more. The
petitioners have asked the respondent/University to consider the
affiliation fee per student from all the students, which has already
been paid.
4. Per-contra learned counsel for the University submits
with reference to the Ordinance No.3/2014 passed
under Section 39 of the Ayurvigyan Vishwavidyalaya Act, 2011.
Article 14 refers to fee for opening of a new College or Institution
of higher learning and continuation of affiliation. The Column
No.6 is the course relating to B.Sc. Nursing, P.B.B.Sc. Nursing
and B.P. Th., where the affiliation fee was to be per seat
sanctioned for annual intake. In other words, learned counsel for
the respondent/University submits the petitioners were bound
to pay the affiliation fee for all sanctioned seats, even though the
same were not filled up.
5. Learned senior counsel for the petitioner has pointed out
to Article 14, which reflects that the said provision of paying the
affiliation fee per sanctions seat is no longer in force as Article 14
itself clearly reflects that the same was only for the Year 2014 to
2015 and, therefore, Article 14 is no longer relevant.
6. Till next date of hearing, this Court is inclined to grant
interim relief to the effect that the petitioners/Colleges has already
submitted applications online for affiliation and shall give
provisional enrollment to all the students as mentioned in para 5.4
of the petition, which shall subject to final outcome of this writ
petition. Further subject to depositing affiliation fee on the basis
of number of students admitted for the course in question.
7. The respondent are requested to submit
specific instructions to the effect relating to the rational or logic
behind Article 14, which requires the Institution to pay the
affiliation fee for every seat that is sanctioned. In a situation, like
the petitioner's case, a private unaided College, the affiliation
fee that is paid by it to the University comes from the fees paid by
the students.
8. Learned counsel for the respondent is also requested to
seek instructions with regard to the applicability of Article 14 of
the Ordinance No.3/2014 by way of reply.
9. List this case alongwith WP No.34919/2025 & WP
No.35139/2025 for analogous hearing."
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6. The interim relief granted by this Court in W.P. No.41159 of 2025
vide order order dated 16.12.2025 shall apply mutatis mutandis in this case
also.
List this case along with WP No.34919/2025 & WP No.35139/2025
for analogous hearing.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
nd
