Madhya Pradesh HC Orders Removal Of Registrar, Chairman Of Nursing Registration Council Due To Alleged Illegality In Recognizing Colleges
16 Dec 2024 7:17 PM
LIVE LAW
While hearing a plea on alleged irregularities and illegalities in the process of granting recognition to nursing colleges in the state, the Jabalpur bench of the Madhya Pradesh High Court directed the state government to "forthwith" remove the Registrar and Chairman of Madhya Pradesh Nursing Registration Council (MNRPC).
In doing so, the court said that there was "every likelihood" of the officers trying to tamper with the material if allowed to continue on the said posts. It also said that responsible officers having unblemished service career should be appointed instead in their place.
The division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal observed, “on the face of delicacy of the issue and noticing various irregularities committed earlier in granting recognition to the Nursing Colleges, we cannot allow such officers who were involved in the earlier process of granting recognition to hold such important posts inasmuch as there is every likelihood that such officers would, not only try to save their skin but also of other functionaries, try to tamper with the material. We despise such effort and find that it is nothing but an attempt to foil the endeavours made by the court for obviating the irregularities and illegalities in the process of granting recognition.”
The court was hearing the applications filed by the counsel for petitioner seeking removal of the Registrar and the Chairman of the MPNRC.
In the first application, the counsel for petitioner claimed that Anita Chand, the current Registrar of MNRPC used to be a member of inspection committee which had submitted a false report on March 4, 2022 and on the basis of that false report, a nursing college in Bhopal was granted recognition which was later-on cancelled. On the basis of the inspection report for session 2021-22, the Court had placed the Registrar, MPNRC under suspension as the said report was found incorrect. The counsel for the petitioner has filed the inspection report to point out that against some of the Inspectors, who were part of the inspection team, departmental enquiry has been initiated and submitted that it is therefore, not proper to posit Chand to hold such an important post of Registrar, MPNRC since she might tamper the material evidence which can be used against the erring officers, who had committed illegality.
Further, in the other application, the counsel for the petitioners sought the removal of Dr. Jiten Chandra Shukla from the post of Chairman of MPNRC. It was alleged that Shukla was holding the post of Director, MPNRC at the relevant point of time when several irregularities were committed by the council in granting recognition to the Nursing Colleges. While hearing the PIL, the court had earlier directed the CBI to conduct inspection of the nursing colleges to which recognition had been granted. Thereafter, in the report of CBI it was found that there were number of colleges which were not suitable because of non-fulfilling the requisite criterion yet the recognition had been granted. The report was submitted by the CBI and the court has been monitoring the cases and enquiry is still continued incessantly.
On December 5, the Court had directed the respondents to submit their reply to these applications explaining as to why such persons have been placed on important posts of Registrar and Chairman, MPNRC and had also orally instructed for their removal. However, instead of doing so, the respondents presented a copy of order issued by the Directorate Medical Education, wherein, a committee consisting of three members had been constituted to inspect and submit a report after analysing the complaints made against Anita Chand and after inspecting the Nursing Colleges.
The court however said, “We are not satisfied with the constitution of committee by the Director with the approval of Commissioner, Public Health & Medical Education.”
Thus, the court directed the Principal Secretary of the Public Health and Medical Education to forthwith remove Anita Chand from the post of Registrar and Dr. Jiten Chandra Shukla from the post of Chairman of MPNRC and "instead appoint some responsible officers, having unblemished service career, in their place". The court also directed the Chief Secretary to take cognizance in the matter and ensure compliance of the High Court's order.
The matter has been listed for further hearing on December 19.
Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others, WP No. 1080 of 2022
Counsel for Petitioners: Adv. Alok Vagrecha and Adv. Vishal Baghel
Counsel for Respondents/State/MPNRC: Shri Prashant Singh, Advocate General, Shri Bharat Singh, Additional Advocate General and Shri Abhijeet Awasthi, Deputy Advocate General
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