'Illegality' In Recognizing Colleges: Madhya Pradesh HC Warns Of CBI Enquiry If State/Nursing Council Doesn't Produce Missing CCTV, Files

While hearing a PIL claiming irregularities in granting recognition to nursing colleges, the Madhya Pradesh High Court warned of transferring the enquiry to CBI if the State authorities fail to produce missing CCTV footage and the files on enrolment of students in colleges, when allegedly no permission for admission in the nursing course was granted for 2022-23 session. 

A division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal in its January 31 order said, "List this case on 10.02.2025 making it clear that on the next date, if respondents fail to comply with the direction issued by this Court on 23.01.2025, then this Court may think about handing over the enquiry to the CBI. In the meantime, learned counsel for the respondents are directed to supply the data as sought by learned counsel for the petitioner by filing an application i.e. I.A.21221/2024".

For context, an application was filed by the petitioner alleging that the government did not comply with the order dated December 12, 2024. Instead of complying with the order, an application was filed by the government for recall of the said order and the same was withdrawn when it was pointed out that on December 14, Smt. Anita Chand (then Registrar of MNRPC) has taken away the important files/material from the office of MP Nursing Registration Council (MPNRC).

The court in its order dated December 19, 2024, had issued a direction to the M.P. Nursing Registration Council, especially the Registrar of the Council, to preserve the CCTV footage of the office of the Council for the period from 14th December to 19th December, 2024 so as to examine the correctness of the allegations made by the petitioner about tampering of evidence and taking away certain documents from the office by the culprit.

However, on January 23, it was conveyed to the Court by the Registrar of Nursing Council that the said data is not available. On the same date, certain documents were filed on behalf of the petitioner to indicate that the CCTV footage has been removed by the-then Registrar herself just to save her skin from alleged irregularities and illegalities committed by her.

In its order dated January 23, the Court said, “It is a matter of serious concern! Seemingly, the Registrar of Council is playing hide & seek with the Court. Earlier, on the anvil of entanglement of the Registrar in the illegality and irregularities committed on earlier occasions, this Court had directed for her removal from the post of Registrar. Despite the order of this Court, the Registrar chose to disobey and clandestinely removed the CCTV footage spanning 13th to 19th December, 2024.”

Thereafter, the Court had directed the Commissioner of Police, Bhopal and Cyber Cell Incharge, Bhopal to make all plausible efforts to retrieve the CCTV footage of the office of Nursing Council for the period from 13th to 19th December, 2024 in 15 days' time.

The court had also directed the to produce files regarding enrolment of students in the colleges to which, as per the report of CBI, no permission was granted for making admission in GNM course for the session 2022-23.

On January 31, the respondents sought for further time to comply with the directions passed by the Court on January 23. The court granted the time with a warning that if the respondents fail to comply with the said directions, the court may handover the inquiry to CBI.

The matter is listed for further hearing on February 10.

Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others, WP No. 1080 Of 2022

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