CWP No.1143 of 2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.1143 of 2013 (O&M) Reserved on:01.07.2014. Date of decision:17.07.2014 Sarabjit Kaur & others ....Petitioners Versus State of Punjab & others ......Respondents CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.G.S.Sirphikhi, Advocate, for the petitioners. Mr.Aman Bahri, Addl.A.G., Punjab. Mr.B.S.Bhalla, Advocate, for respondents No.2 & 3. Mr.V.S.Kataria, Advocate, for respondent No.4. ***** G.S.Sandhawalia J.
1. The present writ petition has been filed by 57 petitioners, who are seeking a direction that roll numbers/admit cards be issued to them and they be allowed to sit in the Auxiliary Nurses & Mid-wives Course (for short, the 'ANM course') theory examinations, commencing from January, 2013.
2. In view of the fact that the writ petition came up for hearing on 21.01.2013, for the first time, interim orders were passed permitting the petitioners to appear in the examination which were commencing from 22.01.2013 and now, it is the case of the petitioner that since they have sat in the said examination, their result should be declared. This Court is, however, not in agreement with the said relief, which is prayed for, in view of the reasons which would be delineated below and from the facts which show that how training for the noble profession of nursing as depicted in the minds of the public of the famous example of “Florence Nightingale”. fondly remembered as “The Lady Sailesh ranjan 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -2- with the Lamp”., nursing the patients, has been reduced to a farce by the respondent No.4-Institute, mainly due to the inaction of respondents No.2 & 3, the Punjab Nurses Registration Council.
3. The case of the petitioners is that they had taken admission in the year 2011 in the said Institute, namely, Lala Munshi Ram Institute of Health Sciences, Batala Road, Dera Baba Nanak (Gurdaspur), Punjab/respondent No.4 and studied with the same. On completion of one year, their examination forms were duly sent to respondents No.2 & 3 for issuance of the roll numbers/admit cards and the total number of 60 students were admitted. Respondent No.3 had also issued the receipts of `36,900/-, for 60 students, which had been received under the provisions of Punjab Nurses Registration Act, 1952 and it was averred that approval had been granted to respondent No.4 for the purpose of conducting the nursing course on the inspection conducted by the Indian Nursing Council (for short, the 'INC') and respondent No.2 & 3 and the essentiality certificate has been issued to respondent No.4 in the year 2000. It was averred that roll numbers had not been issued, without any basis and even earlier, in the year 2010, a total number of 60 students had been allowed to sit in the examination and representation (Annexure P4) had also been filed by the Principal of the Institute.
4. In January, 2011, CWP No.1747 of 2011 titled EHSAAS, The Human Rights Protection Group, India, Kurukshetra Vs. State of Punjab & others was filed as Public Interest Litigation and respondents No.2 & 3 were impleaded as party plus various institutes who were alleged to be imparting education for nursing training. Respondent No.4-Institute was also arrayed as respondent No.11 in the said writ petition. Relief prayed in the said writ petition was for directions to strictly adhere to the procedure and guidelines dated 05.07.2004, issued by the State Government wherein admission was to be made Sailesh ranjan in consonance with the procedure laid down in the said notification for the 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -3- General Nursing & Midwifery Course & ANM training courses. The grouse of the petitioner in the said case inter alia was also that additional students had been admitted in excess of the prescribed strength and no action had been taken against the violators. This Court, vide order dated 12.12.2011, directed that the Director, PGI, Chandigarh to constitute a Committee of three experts to go into functioning of the private nursing colleges in the State of Punjab for the purpose of ascertaining whether the nursing courses offered by the said institutions are genuine and and properly trained nurses are passing out through the institutions to serve the public cause. The report of the functioning of the private nursing colleges/institutions by Dr.A.K.Bhalla, Professor, Department of Paediatrics, PGIMER, Dr.Sandhya Ghai, Principal, National Institute of Nursing Education, PGIMER and Dr.Bhavneet Bharti, Department of Paediatrics, PGIMER, dated 23.05.2012 was placed on record. The report pertaining to respondent No.4- Institute would go on to show that it was non-functional and non-existant. The relevant portion of the report pertaining to respondent No.4 read as under: “The committee paid visit for inspection to Dera Baba Nanak in the morning of 2.5.12. The committee took more than two hours in the town to locate the proprietors/administrators of the college as nobody was aware about the college location for an obvious reason that aforesaid nursing school was altogether non existing. There was no structured building complex housing the above said nursing institution. Finally, the committee could trace out one of concerned individuals managing this above mentioned nursing school. Dr.Rajni Pawar who was present in the clinic confirmed that her husband is one of the members of the managing committee and at present is not available in the town. However, she called one of the senior members to the clinic who didn't reveal his name despite request. He also confirmed the facts reported by Dr. Rajni Pawar. In Committee's opinion he appeared to either be proprietor/associate or a senior authoritative personnel. The committee requested Dr. Rajni Pawar to accompany members Sailesh ranjan 2014.07.18 11:01 I attest to the accuracy and to the nursing school site when she disclosed that at present they integrity of this document CWP No.1143 of 2013 (O&M) -4- don't carry out any activities or business of aforesaid college at Dera Baba Nanak and the building is yet to be constructed and at present no physical structure named as LMR Nursing school existed in the town. She also informed that they have shifted their students to Majha International School at Batala where they are seeking necessary nursing training. However, she was unaware about the exact number of students admitted in the current session as well as additional seats filled by the college in the year 2009-10. She further added that the management of the LMR school has requested Director Medical Education and Research Chandigarh to permit continuation of services of their nursing school at Majha International School of Nursing. She also emphasized that these facts could be verified if committee desires so from Mr. Rachpal Singh who is the current chief of Majha International School of Nursing. In view of this committee decided to verify the same from the management during their visit to Majha International School of nursing on the same day. However, these concerned persons appeared keen to restart the nursing school at Dera Baba Nanak after purchasing the land etc. The entire interaction remained cordial and they made the necessary payment (TA etc.) Impression: Physically, the LMR School of Nursing did not exist at Dera Baba Nanak, it only existed on papers. The committee felt necessary to confirm about the quality of training being imparted to students of LMR nursing school which were told to have been shifted to Majha International School Batala, by paying visit to the school.”. 5. In the reply filed by respondents No.2 & 3, it has also been averred that the Committee constituted by the respondent No.1, who inspected the site on 04.12.2012, had also opined to the same effect. The observations of the Committee members who were faculty members of the Government Medical College, Amritsar, read as under: “Reference to your letter Endst No.PNRC/PRESD/HC/2012/4555 dated 29.12.2012, undersigned Dr. Shiv Charan, Associate Professor Medicine, Govt. Medical College, Amritsar along with Dr. Raman Kumar Sharma, Assistant Professor Medicine, Govt. Medical College, Amritsar and Mrs. Daljeet Kaur, Govt. Nursing Sailesh ranjan 2014.07.18 11:01 I attest to the accuracy and College, Amritsar visited and inspected the LMR School of Nursing, integrity of this document CWP No.1143 of 2013 (O&M) -5- Dera Baba Nanak, Gurdaspur on 04/12/2012. We reached this institute at 12.30 PM, instead of above institute, Shri Sai college for DCA, BCA, PGDCA, MSC college was functioning at that site. On enquiry the Principal of Shri Sai College told that LMR School of Nursing is closed for quite long time. He sent us to Guru Nanak Nursing Home, Dera Baba Nanak, where we meet one lady who happened to be one of the trustee of LMR School of nursing trust. She also endorsed that the LMR school of nursing had been closed for a long time and they do not admit any nursing students. She refused to supply any record pertaining to LMR school of Nursing. The photograph of Shri Sai College which is situated and functional at the site of LMR school of nursing were taken. Sd/- Sd/- Sd/- Daljeet Kaur Dr. Raman Kumar Sharma Dr. Shiv Charan Sister Tutor Assistant Prof.Medicine Associate Prof.Medicine Govt. Nursing College Govt. Medical College Govt. Medical College Amritsar Amritsar Amritsar”.
6. In the written statement filed on behalf of respondents No.2 & 3, it was averred that fraud has been played by the petitioners and respondent No.4, in connivance with each other. It was alleged that the fees has been deposited along with the examination forms and the mistake was committed by one Smt.Sudarshan Kumari and her explanation had been asked. The respondent No.4 had never been granted affiliation for the year 2010-11, 2011-12 and 2012- 13 and the last provisional affiliation had been granted for the session 2009-10 and that too, for 35 seats vide letter dated 21.08.2009 and there was no question of issuing roll numbers to the petitioners who are students of respondent No.4, to whom affiliation had not been granted and the said institute had closed since long and so, it was not admitting any student and was playing with the careers of the petitioners.
7. In the written statement filed by the Administrator of the respondent No.4-Institution, it was submitted that the affiliation was granted to the Sailesh ranjan institution on 16.03.2001 and that under a self-certification performa along with 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -6- requisite fees, letter of affiliation was being issued. Reference was made to letter issued on 07.09.2010 (Annexure R4/2) to submit that admission had been given for the session 2010-11. For the session in question, i.e., 2011-12, it was submitted that self-certification performa along with fees of `10,000/- was submitted on 11.07.2011 and examination forms and fees were deposited with the respondent No.3 on 04.09.2012 but roll numbers had not been issued for the reasons best known to the answering respondents. The petitioners have been admitted under a bona fide belief and therefore, respondents No.2 & 3 were at fault. It was submitted that the respondent-Institute had not admitted any student for the ANM course for the session 2012-13.
8. This Court, vide order dated 20.08.2013, noticed the said issue and the plea of respondent No.4 was that students had been admitted under the self- certification and it was made clear that if there was no such instructions, respondent No.4 would be burdened with exemplary costs. The additional affidavit had been filed by respondent No.4 in pursuance of the said directions and it was deposed that the self-certification performa was available on the website of the respondent No.2 and blank performa was attached to place reliance upon the said deposition. It was submitted that the students were admitted in the year 2011 and the respondents had accepted the fees and there were illegal and mala fide intentions due to which the petitioners had to file the present writ petition. It was submitted that as the theory and practical examinations were conducted in July, 2013, the remaining 6 months course was conducted in the premises of the institute in question. Reliance was placed upon the letter dated 18.04.2013 to submit that show cause notice had been issued and the respondent- Council had visited the institute to inspect the same on 29.04.2013 but no inspection had been conducted. The society of the institute decided not to admit Sailesh ranjan any student for the ANM course for the session 2012-13. The inspection dated 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -7- 03/04.12.2012 by the faculty of the Amritsar Medical College was objected to and it was alleged that it was wrong. Reliance was placed upon Annexure R4/7, the show cause notice, to submit that the society had 25 bedded hospital in the name of Guru Nanak Nursing Home, Dera Baba Nanak and inspection was conducted by respondent No.2. Reliance was also placed upon the permission granted by the INC vide circulation of May, 2011 to submit that it has permitted to make admission for the session 2011-12 (Annexure R4/6).
9. Thus, in view of the above factual aspect, it is apparent that it has not been denied by respondent No.2 and the petitioners that the said institute is not functional at the spot. It is also the case of the respondent No.4-Institute that it is not conducting any further nursing training from the year 2012 onwards. The question that, thus, arises for consideration is whether the result of the petitioners is liable to be declared who had appeared in the said examination, under the interim orders of this Court, in the above facts and circumstances of the case. A fact finding Committee of medical experts has found that in a small remote town of Dera Baba Nanak in Gurdaspur District, the proprietors/administrators of the college could not be located and there was no nursing college existing altogether and there was no structured building or housing complex. Only a small shop was located and the wife of the Principal of the said institute was available and the said person was not available. It is also admitted that the building is yet to be constructed and no such nursing school existed and the students have been shifted at Majha International School at Batala, Gurdaspur. The team had also visited the said institute and the Principal had not shown any co-operation and the proprietor, Shri Rishi Pal Singh was not available and his phone was switched off. The Committee was not allowed to enter the said premises also and therefore, the factum of whether the students had Sailesh ranjan been shifted and were studying at the said institute could not be confirmed. The 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -8- findings of the Committee reads as under: “The Principal of Majha International School of Nursing Mrs. Kiranjit Kaur refused to get the school of nursing evaluated by the committee and did not show any cooperation despite prolonged and repeated interaction over the mobile phones. However, the mobile phone (9814267785) of Shri Rachpal Singh, the chief of Majha International School of Nursing was found to be switched off. Exact sequences of events are presented below: After paying visit to L.M.R. Nursing School, Dera Baba Nanak, on 2.5.12, the committee proceeded straight to Batala to evaluate functional status of the Majha International School of Nursing as well as to confirm information about L.M.R. School of nursing, Dera Baba Nanak. Dr. Sandhya Ghai, a committee member contacted Mrs. Kiranjit Kaur (Principal Majha International School of Nursing) over mobile No.9855918612 who initially interacted cordially over the phone but after knowing about the purpose of committee's visit to Majha International School of Nursing, she became reluctant & disconnected the phone. After repeated efforts, she could not be re-contacted over the phone and she informed Dr. Sandhya Ghai, that the school has been closed & there are holidays in the school and no one is there in the school presently. The phone was handed over to Dr. Bhalla who requested Principal Kiranjit Kaur to cooperate with the committee and reach the Nursing School or delegate responsibility to some other person of administrative staff to get the visit of the committee to their Nursing School materialized so that necessary available infrastructure & other relevant records & information could be evaluated. But the principal didn't accede to committee's request. On insistence of Dr. Bhalla, she finally agreed to meet the committee at 12 p.m. & told that she will contact the committee members over mobile phone, after reaching the school site. The committee awaited telephonic communication from Principal Kiranjit Kaur but, in vain. On reaching the site, the school gate was found to be locked & some vehicles were found to be parked inside the campus. In addition, some persons were also seen moving through windows. Finally, the committee decided to return back to Chandigarh. It may kindly be noted that the principal of the Majha Institute School of Nursing didn't cooperate with inspection committee for the reasons Sailesh ranjan better known to her & the administration of the nursing school. 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -9- The Majha School of Nursing owes a sum of Rs.6565/- as shared expenditure of the visit incurred by the Committee for paying visit to their institute. Impression: The refusal to get the college evaluated and non-cooperation shown by the Principal of Majha School of Nursing speaks in itself about the disinterest of school authorities towards the committee constituted to honor directions of the Hon'ble Punjab and Haryana High Court, for reasons better known to the school management.”. 10. The team of Government Medical College, Amritsar had also given a similar report. Thus, it is confirmed that the petitioners have never studied or got any practical training in any institute and have only used respondent No.4 alleged earlier affiliation and are now seeking final declaration of result, in view of the interim orders of this Court in which they were permitted to sit in the examination. A Division Bench of this Court in Shiv Shakti Educational Society (Regd.) Vs. State of Punjab & others 2008 (2) RSJ163examined the provisions of the Punjab Nurses Registration Act, 1932 and the Indian Nursing Council Act, 1947 and held that before the course starts, permission has to be granted by the INC and the University and with no objection from the State Government and it was held that the State Government and the State Nursing Council were not entitled to make admissions without the approval from the INC and affiliation by the University.
11. In the present case, there is not even a whisper or an averment that respondent No.4-Institute was ever affiliated with any University. The INC has also not been made party by the petitioners in the present case. The provisions of the Punjab Nurses Registration Act, 1932 are also necessarily to be referred to which provides that 'Auxiliary Nurse and Mid-wife' means a person who has passed the examination prescribed in this behalf by the Council. Section 14 provides for registration of such persons who comply with the said conditions Sailesh ranjan 2014.07.18 11:01 and restrictions, as prescribed by the Council and who have undergone the I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -10- necessary course/training or passed the examination prescribed. The said persons are entitled to be registered as Nurse or Mid-wife, after satisfying the Council of undergoing a course/training or passing the examination similar to the course/training, prescribed by the Council. The Council has powers to make bye- laws and prescribe the courses and any person who has not been registered as Nurse and uses any name or title, is liable to be convicted by the Judicial Magistrate 1st Class, on a complaint made by the Council.
12. The fault also lies with respondents No.2 and 3 who have failed to even carry out the inspection in order to notice as to whether there is any infrastructure which is being maintained by respondent No.4-Institute. Nothing has been shown as to how much land is owned by the respondent No.4-Institute and what is the covered area in which the said course is being conducted, which only go on to show that the two independent reports are factually correct and there is no infrastructure at the spot and therefore, the question of having studied in any academic institution and taken part in the practical training process for the ANM course by the petitioners, is totally baseless. In such circumstances, this Court cannot be party to the fraud which is being played by respondent No.4 and merely because the petitioners claim themselves to be students and seeking equity jurisdiction of this Court, the said relief cannot be granted. Rather exemplary costs are liable to be imposed upon the respondent No.4-Institute, in the facts and circumstances narrated above.
13. Accordingly, this Court is of the opinion that it would be in the interest of justice that the petitioners would be entitled to a sum of `15,000/- each, from the respondent No.4-Institute who wrongly promised and held out to them that they would be granted degrees in the ANM course on the strength of its alleged self-certification. The necessary amount be deposited with the Chief Sailesh ranjan Judicial Magistrate, Gurdaspur, within a period of 2 months from today and the 2014.07.18 11:01 I attest to the accuracy and integrity of this document CWP No.1143 of 2013 (O&M) -11- petitioners shall be entitled to withdraw the said amount, from the said Court, thereafter. In case the needful is not done, the said Court shall ensure that recovery is made from the proprietors/administrators of the respondent No.4 by taking steps, in accordance with law. 14 . With the abovesaid observations, the present writ petition stands dismissed, accordingly. 17.07.2014 (G.S.SANDHAWALIA) sailesh JUDGE Sailesh ranjan 2014.07.18 11:01 I attest to the accuracy and integrity of this document